For the purposes of this subchapter, certain terms, phrases, words, and their derivatives shall be construed as specified in this subchapter or as specified in the building regulations, as adopted and as amended. Where a conflict exists, the building regulations control. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words in the singular include the plural, and words in the plural include the singular. Words used in the masculine gender include the feminine, and words in the feminine gender include the masculine.
AUTOMATED TELLER MACHINE. A machine, other than a telephone:
(1) That is capable of being operated by a customer of a financial institution;
(2) By which the customer may communicate to the financial institution a request to withdraw a benefit for the customer or for another person directly from the customer’s account or from the customer’s account under a line of credit previously authorized by the financial institution for the customer; and
(3) The use of which may or may not involve personnel of a financial institution.
BARKER. A person who stands on the property of a business and solicits customers with a loud spiel or gestures.
CHARITABLE PURPOSE. The solicitation of money or property for the benefit of a charity, philanthropy, or non-profit organization or for poor, underprivileged, needy, crippled, or handicapped persons; the teaching of patriotism or assistance to veterans or veteran’s organizations; or for existing educational institutions or for the establishment or endowment of educational institutions. Solicitation for oneself or one’s family, commonly termed “panhandling,” does not fall within this definition.
CITY. The City of Ferris, Texas.
CONSUMER. An individual who acquires real or personal property, services, money, or credit for personal, family, or household purposes.
EXTERIOR PUBLIC PAY TELEPHONE. Any coin or credit card reader telephone that is:
(1) Installed or located anywhere on a premises except exclusively in the interior of a building located on the premises; and
(2) Accessible and available for use by members of the general public.
GOODS. Property of every kind.
HAWKER. A person engaged in a temporary business or who travels from city to city and is engaged in solicitation in a specific, non-moving location.
ITINERANT VENDOR. A person engaged in a temporary business or who travels from city to city and is engaged in solicitation in a specific, non-moving location.
LAUNDROMAT. A laundromat or washateria or other self-service laundry business that is privately-owned but is open to the public regardless of whether the owner of the laundromat has given permission for solicitation.
NON-PROFIT ORGANIZATION. Any organization that does not aim to make a profit, and which is not a public body. This definition includes entities such as, but not limited to, the Multiple Sclerosis Society, American Heart Association, Muscular Dystrophy Association, American Cancer Society, Ferris public safety departments, Boy Scouts of America, Girl Scouts of America, and the like.
PANHANDLING. Solicitation for oneself or for one’s family.
PARKING LOT. Public or private parking areas, regardless of whether the owner of the property has given permission for solicitation.
PARKWAY. The area between the edge of the designated street and the adjacent owner’s property line.
PEDDLER, SOLICITOR, VENDOR, OR PERSON. Any individual, firm, company, partnership, corporation, association, trust, society, religious sect, organization, league, or other legal entity and includes any trustee, receiver, assignee, agent, or similar representative.
PUBLIC PROPERTY.
(1) Any property open or devoted to public use or owned by the city; and
(2) Any area dedicated to the public use for sidewalk, street, highway, or other transportation purposes, including, but not limited to, any curb, median, parkway, shoulder, sidewalk, alley, drive, or public right-of-way.
PUBLIC TRANSPORTATION STOP. An area officially marked and designated as a place to wait for a bus, a light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis.
RELIGIOUS ORGANIZATION. An organization that is dedicated to the support of a church, religious society, or any other religious sect, group, or order.
ROADWAY. Has the meaning given that term in Tex. Trans. Code, Ch. 541.
SEASONAL SALES. The temporary sale and display of either cut trees typically during the winter season or pumpkins and fall decorations typically during the fall. It may also apply to other items that are sold specifically during a certain season or during a specific time of year.
SELF-SERVICE CAR WASH. A structure:
(1) At which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money into a coin-operated machine; and
(2) That is accessible and available for use by members of the general public.
SELF-SERVICE FUEL PUMP. A fuel pump:
(1) From which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator, without the aid of an employee or attendant of the premises at which the fuel pump is located; and
(2) That is accessible and available for use by members of the general public.
SERVICES. Any work done for the benefit of another person.
SIDEWALK. Any surface provided for the exclusive use of pedestrians.
SOLICITATION and SOLICIT.
(1) Any conduct or act whereby a person or his or her agent, member, or representative:
(a) Either orally, in writing, or by gesture, asks for a ride, employment, goods, services, property, financial aid, money, or any article representing monetary value, for any purpose; or
(b) Whether orally, in writing, or by gesture, sells or offers to sell food, beverages, goods, services, publications, or subscriptions.
(2) The term SOLICITATION shall include persons engaged in the delivery of handbills or circulars door to door for the solicitation of money, products, services, or other items of pecuniary value. An offer of membership in any organization is expressly excluded from the definition of SOLICITATION. The term SOLICITATION shall also include activities conducted by persons known as “hawkers” or “barkers”.
STREET. The portion of a public street that is paved, designated, or used for vehicular traffic, and all areas dedicated to public use for public street purposes, which includes parkways, alleys, and sidewalks.
TRAFFIC ISLAND. A barrier within a street or roadway to exclude vehicles, designated for the purpose of separating or directing vehicular traffic.
VEHICLE. Any wheeled vehicle. This definition includes bicycles, push carts, and any other wheeled vehicle of whatever kind or character, and also has the meaning given that term in Tex. Trans. Code, Ch. 541.
(Ord. O-12-724, passed 2-6-2012)