The purpose of this chapter is to protect against criminal activity (including, but not limited to, burglary and fraud), to minimize the unwelcome disturbance of citizens and the disruption of privacy, and to otherwise preserve the public health, safety, and welfare by providing a registration program for home solicitors. (Ord. 29245, eff. 4-22-14)
In this chapter:
(1) AGENT means any person employed by or contracting with a home solicitor.
(2) CERTIFICATE OF REGISTRATION or REGISTRATION means a certificate of registration issued to a home solicitor under this chapter.
(3) CHIEF means the chief of police for the city of Dallas or a designated representative.
(4) COMMERCIAL PRINTED MATTER means any printed or written matter, whether on a sample, device, dodger, circular, leaflet, pamphlet, paper, or booklet, and whether printed, reproduced, or copied that:
(A) advertises for sale any merchandise, product, commodity, or service;
(B) directs attention to a business or commercial establishment or other activity for the purpose of either directly or indirectly promoting sales;
(C) directs attention to or advertises a meeting, performance, exhibition, or event, for which an admission fee is charged for the purpose of private gain or profit, unless an admission fee is charged or a collection is taken up at the meeting, performance, exhibition, or event only for the purpose of defraying the expenses; or
(D) while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as the advertiser or distributor.
(5) CONVICTION means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned.
(6) DISTRIBUTION means:
(A) to hand or attempt to hand commercial printed matter to an owner or occupant of a residential premises or to any other person then present on the residential premises; or
(B) to place, deposit, or distribute commercial printed matter on residential premises.
(7) GOODS means property of every kind.
(8) HOME SOLICITATION means the business of soliciting, selling, or taking orders for goods or services or distributing commercial printed matter by going to one or more residential premises in the city in person or by an agent.
(9) HOME SOLICITOR means a person who engages in home solicitations.
(10) IDENTIFICATION BADGE means a badge issued to a registrant under this chapter that contains:
(A) the registrant’s photograph;
(B) the number and expiration date of the registrant’s certificate of registration; and
(C) the phrase “Home Solicitor Registered under Chapter 42 of the Dallas City Code,” or similar language approved by the chief.
(11) PERSON means an individual, corporation, trust, partnership, association, or any other legal entity.
(12) REGISTRANT means a person issued a certificate of registration as a home solicitor under this chapter.
(13) RESIDENTIAL PREMISES means any dwelling, house, building, or other structure designed or used either wholly or in part for private residential purposes (whether inhabited, uninhabited, or vacant), including any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to the dwelling, house, building, or other structure.
(14) SERVICES means any work done for the benefit of another person. (Ord. 29245, eff. 4-22-14)
The chief shall implement and enforce this chapter and may by written order establish such rules, regulations, or procedures, not inconsistent with this chapter, as the chief determines are necessary to discharge any duty under or to effect the policy of this chapter. (Ord. 29245, eff. 4-22-14)
Any written notice that the chief is required to give an applicant or registrant under this chapter is deemed to be delivered:
(1) on the date the notice is hand delivered to the applicant or registrant; or
(2) three days after the date the notice is placed in the United States mail with proper postage and properly addressed to the applicant or registrant at the address provided for the applicant or registrant in the most recent registration application. (Ord. 29245, eff. 4- 22-14)
(a) A person who violates a provision of this chapter, or who fails to perform an act required of the person by this chapter, commits an offense. A person commits a separate offense for:
(1) each day or portion of a day during which a violation is committed, permitted, or continued;
(2) each item placed, deposited, or distributed on residential premises in violation of this chapter; and
(3) each residential premises to which a home solicitation is conducted in violation of this chapter.
(b) An offense under this chapter is punishable by a fine of not more than $500.
(c) The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.
(d) The penalties provided for in Subsection (b) are in addition to any other enforcement remedies and penalties that the city may have under city ordinances and state law. (Ord. 29245, eff. 4-22-14)
Whenever commercial printed matter is placed, deposited, or distributed, or caused to be placed, deposited, or distributed, in violation of this chapter, it is presumed that the person named on the commercial printed matter is the person who committed the violation, either personally or through an agent. (Ord. 29245, eff. 4-22-14)