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 regulating the locations in which solicitation activity may occur to promote safety and minimize traffic congestion. The provisions of this chapter shall be construed to accomplish these purposes.
(Ordinance 2025-03-09 adopted 3/18/2025)
In this article:
Canvassing or canvassing activity
means the act occupying space in or traveling on or through any public place in the city, 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
means the City of Lavon, Texas.
Roadway
means that portion of a street or highway designed, improved or ordinarily used for vehicular travel, typically delineated by curbs, edge-lines, or the edge of the pavement.
Selling
means 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.
Sidewalk
means the portion of a street or highway that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use.
Solicitation activities
means traveling either by foot or vehicle, or occupying space in or traveling on or through any public place in the city while 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.
Solicitor
means a person who engages in solicitation activities.
Street or highway
means the width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular traffic.
Traffic safety vest
means a high visibility vest made of fluorescent orange or yellow material that may be clearly seen at any time of the day.
(Ordinance 2025-03-09 adopted 3/18/2025)
(a) 
A person commits an offense if the person engages in solicitation or canvassing activity within the roadway, or on any median or traffic island within the right-of-way of any street or highway within the city.
(b) 
A person commits an offense if the person engages in solicitation activity by a direct transaction or exchange with the occupant of any vehicle stopped or traveling on the roadway of State Highway 78, State Highway 205, State Highway 78 Business, Farm-to-Market Road 6, or any street or highway in the city which is designated as an arterial or collector on the city's thoroughfare plan. An offense under this subsection occurs when the offer, solicitation, or distribution is made regardless of whether a transaction is completed.
(c) 
A person commits an offense if the person engages in solicitation or canvassing activity on a sidewalk within the city in a manner that impedes the flow of pedestrian traffic.
(d) 
It is a defense to prosecution under subsections (a) or (b) above if the person engages in solicitation activity to operate a taxicab, mail carrier, vehicle for hire such as commercial servicing or repair of any disabled motor vehicle.
(e) 
It is a defense to prosecution under subsection (a) if the person engages in solicitation activity from a vehicle in a manner that does not violate section 10.08.004(a)(1).
(Ordinance 2025-03-09 adopted 3/18/2025)
(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 State Highway 78, State Highway 205, State Highway 78 Business, Farm-to-Market Road 6, or any street or highway in the city which is designated as an arterial or collector 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 waived down by a prospective customer.
(b) 
A person commits an offense if the person operates a vehicle from which solicitation activities are conducted on 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 2025-03-09 adopted 3/18/2025)
Any person that violates this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined a sum not exceeding $500. Each continuing day's violation shall constitute a separate offense. A culpable mental state is not required for the commission of an offense under this article, and none shall be pleaded or proven in the prosecution of a violation of this article. The penalty provisions imposed under this article shall not preclude the city from filing suit to enjoin violations. The city retains all legal rights and remedies available to it pursuant to local, state, and federal law.
(Ordinance 2025-03-09 adopted 3/18/2025)