(a) 
The purpose of this article is to provide for the general health, public safety and welfare, comfort, convenience and protection of the city and the residents of the city by:
(1) 
Prohibiting door-to-door solicitation and canvassing activity at residences during the times when such activity is most intrusive and disruptive to citizens’ privacy;
(2) 
Regulating the manner in which any solicitation activity, canvassing activity or handbill distribution may occur to promote good order, prevent litter and protect citizens from aggressive and intimidating practices; and
(3) 
Requiring solicitors to register with the city to aid crime detection and deter deceptive practices and fraud.
(b) 
The provisions of this article shall be construed to accomplish these purposes.
(Ordinance 1139-2017 adopted 3/28/17)
In this article:
Administrator.
The police chief or some other employee of the city designated by the chief of police.
Canvasser.
A person who engages in canvassing activities.
Canvassing or canvassing activity.
(1) 
The act of:
(A) 
Traveling either by foot or vehicle, going door-to-door, house-to-house, building-to-building; or
(B) 
Occupying space in or traveling on or through any public place in the city;
(2) 
Personally contacting persons to communicate in any manner, whether orally, by written or printed materials including, but not limited to, handbills, leaflets, hand signing or by any other method, direct or implied, for any purpose other than selling or taking orders for goods, wares, merchandise or services or collecting money.
City.
The city of River Oaks, Texas.
Dark.
The time of day identified by the United States Naval Observatory as being after the end of civil twilight on a particular day in the city.
Handbill.
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any manner.
Handbill distribution.
Traveling either by foot or vehicle, going door-to-door, house-to-house or building-to-building without personally contacting persons to distribute or leave on or at each premises handbills for any purpose.
Nonprofit organization.
An organization or entity that is exempt from the payment of tax pursuant to section 501(c)(3) of the Internal Revenue Code.
Police chief.
The police chief of the city.
Selling.
To sell, dispense, peddle, hawk, display, offer to sell or solicit for sale by offering or exposing for sale any goods, wares, merchandise or services.
Solicitation activities.
Traveling either by foot or vehicle, going door-to-door, house-to-house or building-to-building personally contacting persons to ask, barter or communicate in any manner, whether orally, by written or printed materials including but not limited to handbills or leaflets, hand signing or by any other method, direct or implied, for the purpose of selling or taking orders for goods, wares, merchandise or services or collecting money for any purpose.
Solicitor.
A person who engages in solicitation activities.
Traffic safety vest.
A high visibility vest made of fluorescent orange or yellow material that may be clearly seen at any time of the day.
(Ordinance 1139-2017 adopted 3/28/17)
(a) 
This article does not apply to:
(1) 
The activity of a person with an appointment calling upon or dealing with manufacturers, wholesalers, distributors, brokers or retailers at their place of business and in the usual course of business;
(2) 
The activity of a person acting at the request or invitation of the owner or occupant of a residence;
(3) 
Sales made under the authority of and by judicial order;
(4) 
The activity of a government employee acting within the course and scope of their official duties serving, delivering or posting official notices including notices of code violations, water restrictions, utility outages, burn bans, special event impacts or security issues; or
(5) 
The activity of a person under the authority of a permit issued under article 6.05, “Food and Food Establishments,” of chapter 6, “Health and Sanitation,” of this code as amended.
(b) 
It shall be an affirmative defense to prosecution for any offense under this article that the activity of the defendant is listed in subsection (a).
(Ordinance 1139-2017 adopted 3/28/17)
(a) 
A person commits an offense if the person engages in solicitation activities, canvassing activities, or handbill distribution at a residence:
(1) 
Before 9:00 a.m.; or
(2) 
After dark or 9:00 p.m., whichever is earlier on a given day.
(b) 
A person commits an offense if the person engages in solicitation activities, canvassing activities, or handbill distribution at a premises with a posted notice that such activity is not welcomed or invited. It shall be presumed that there is notice that solicitation or canvassing activity is not welcomed or invited when there is exhibited in a conspicuous place on or near the main entrance of the premises, a sign, not less than four (4) inches by three (3) inches in size, containing the words “no solicitors,” “no trespassing,” or words of similar meaning in letters not less than two-thirds (2/3) of one inch in height.
(c) 
A person who is not the owner or tenant of a premises commits an offense if the person removes, defaces or otherwise renders illegible a sign placed by the owner or tenant of the premises pursuant to subsection (b).
(d) 
A person commits an offense if the person engages in solicitation activities, canvassing activities, or handbill distribution and remains or lingers on a premises after being informed by the owner or tenant that they are not welcome.
(e) 
A person commits an offense if the person engages in solicitation activities, canvassing activities, or handbill distribution in an aggressive or intimidating manner. The term “aggressive or intimidating manner” means:
(1) 
Blocking the path of a person who is the object of the activity; or
(2) 
Following behind, ahead or alongside a person who walks away from the solicitor after being solicited, approached, accosted or offered a handbill, leaflet or any other item.
(f) 
A person commits an offense if the person engages in solicitation activities, canvassing activities, or handbill distribution and distributes, deposits, places, throws, scatters, or casts a handbill at a residence except by:
(1) 
Handing or transmitting the handbill directly to the owner or occupant then present in or upon the premises; or
(2) 
Without using adhesive or tape, placing or depositing the handbill in a manner that secures the handbill and prevents it from being blown away, except that mailboxes may not be used when the use is prohibited by federal postal laws or regulations.
(g) 
A person commits an offense if the person secures a handbill at a residence in the manner described by subsection (f)(2):
(1) 
In a place that is more than five (5) feet from the front door of the residence; or
(2) 
When another handbill has already been left or secured at the residence and has not been removed from the outside of the residence.
(h) 
A person commits an offense if the person engages in solicitation activities, canvassing activities or handbill distribution without wearing a traffic safety vest.
(Ordinance 1139-2017 adopted 3/28/17; Ordinance 1445-2024 adopted 12/17/2024)
(a) 
A person commits an offense if the person conducts solicitation activities from a vehicle and:
(1) 
The solicitation is conducted at a location within the right-of-way of any street or highway in the city which is designated as a highway or freeway, major or minor arterial on the city’s thoroughfare plan; or
(2) 
The person stops the vehicle within a roadway to conduct business before the vehicle has been approached, called, or waved down by a prospective customer.
(b) 
A person commits an offense if the person operates a vehicle from which solicitation activities are conducted upon any street or highway within the city in a manner that blocks or impedes access to or from any alley, street or driveway, or impedes the flow of traffic on any public street or highway.
(Ordinance 1139-2017 adopted 3/28/17)
(a) 
Throwing, distributing, etc., handbills in public places.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city; nor shall any person hand out or distribute or sell any commercial handbill in any public place. It shall not be unlawful on any sidewalk, street or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
(b) 
Placing handbills in or upon vehicles.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. It shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
(c) 
Depositing handbills on uninhabited or vacant premises.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
(d) 
Distribution of handbills where posted or indicated as prohibited.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on such premises in a conspicuous position near the entrance thereof, a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice indicating in any manner that the occupants of such premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.
(e) 
Manner of distribution of handbills to inhabited premises.
(1) 
Unposted, private premises.
In case of inhabited private premises which are not posted, as provided in this article, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is:
(A) 
In a plastic bag or so placed or deposited as to secure or prevent such handbill from being decomposed by the elements or blown or drifted about such premises or sidewalks, streets or other public places;
(B) 
Placed or deposited in a location that is within five (5) feet of the front door of the premises; and
(C) 
Distributed in accordance with all other requirements of this article applicable to handbills or handbill distribution.
(2) 
Requirements for commercial handbills distributed to inhabited premises.
(A) 
All commercial handbills shall have printed on page one of the handbill the following statement verbatim: "IF YOU DO NOT WISH TO RECEIVE THIS PUBLICATION, PLEASE CALL" followed by an area code plus the telephone number that an owner or occupant of the premises may use to notify the person distributing such handbills that handbills are not to be delivered to the owner or occupant's premises. The font for this statement and telephone number must be no smaller than 12 point, bold.
(B) 
Persons distributing such commercial handbills will maintain a listing of all premises which have notified the handbill distributor that handbills are not to be delivered to the premises. This listing shall include the address of the premises, the owner or occupant making the notification, and the date the notification was first made. This information shall be provided to the city January 1 of each year and at such other times as the city may request it.
(3) 
Exemption for mail and newspapers.
The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein), except that newspapers shall be placed on private property in a plastic bag and so placed or deposited in such manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(f) 
Responsibility for compliance with section.
A person distributing handbills is responsible for distributing handbills in violation of this article. The person whose address or telephone number is listed in the handbill or who is otherwise named, described, or identified in the handbill is presumed to be responsible, either personally or through an agent or employee, for any violation of this section.
(Ordinance 1445-2024 adopted 12/17/2024)
[1]
Editor’s note–Former section 4.02.006 pertaining to penalty was moved. These provisions can now be found in section 4.02.007.
(a) 
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars ($500.00) for each offense as provided in section 1.01.009, “General penalty for violations of code; continuing violations.” Each attempted or completed act of handbill distribution or solicitation or canvassing activity shall constitute a separate and distinct offense.
(b) 
In case of any willful violation of any of the terms and provisions of this article, the city, in addition to imposing the penalties provided in subsection (a), may institute any appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct or abate such violations; and the definition of any violation as a misdemeanor shall not preclude the city from invoking the civil remedies given it by the laws of the state.
(c) 
The court trying a civil or criminal cause under subsections (a) or (b) shall have the right and power upon judgment or conviction of any person for violation of any of the provisions of this article to decree and to make as a part of the judgment or conviction in such cause the forfeiture of the registration certificate required by this article. When a registration certificate is forfeited in this manner, no further certificate shall be issued to that person for one (1) year from the date of judgment or conviction.
(Ordinance 1139-2017 adopted 3/28/17)