Loading...
(A) The following persons engaged in the activities set forth in divisions (A) (1) through (3), below, in the city shall first register with the city by filling out a form to be promulgated by the city in accordance with the provisions of this subchapter and by furnishing proof that he or she is actually engaged in such activity in the city, and the city shall issue to such person a registration certificate exempting him from the terms and conditions of this subchapter and from paying a fee therefor, namely:
(1) Public utility companies or others operating under a franchise granted by the city;
(2) Commercial agents dealing with local business establishments in the usual course of business; and
(3) Insurance salesmen, real estate salesmen, and others licensed by the State of Texas.
(B) The following persons engaged in the activities set forth in divisions (B)(1) through (4), below, in the city are exempt from any registration requirements in addition to the exemption from the permit requirements:
(1) Solicitations related to non-profit activities, including, but not limited to, public and/or private school-related activities, Girl Scouts, Boy Scouts, and Big Brothers and Sisters, which may involve children under the age of 16 years. Children under the age of 16 years may participate in such activities to the extent they are actively supervised by a parent, guardian, or other adult person, at least 18 years of age, who is responsible for the well-being of the child;
(2) Religious, political, or non-profit organizations and their representatives distributing handbills or pamphlets only for the purpose of communicating issues of general interest to the public. A donation received from the distribution of handbills or pamphlets does not affect this exemption;
(3) Ordinary commercial travelers who sell, or exhibit for sale, goods, wares, or merchandise to persons selling and dealing in the same within the city; and
(4) City citizens conducting a survey.
(Ord. O-12-724, passed 2-6-2012)
(A) It shall be unlawful for any person to peddle, solicit, hawk, sell, or take orders for or offer to take orders for any goods or services in the following places in the city:
(1) On any public street, alley, or traffic island; or
(2) Within 25 feet of the following facilities:
(a) Automated teller machines;
(b) Entrances and exits of banks, credit unions, or other financial institutions;
(c) Exterior public pay telephones;
(d) Self-service car washes;
(e) Self-service fuel pumps; and
(f) Public transportation stops; or
(3) At any residence which has exhibited in a conspicuous place upon or near the main entrance to the residence a sign containing the words “NO SOLICITORS.” The letters shall be not less than two-thirds of an inch in height and should be displayed on a weather proof card not less than three inches by four inches in size.
(4) For purposes of division (A)(2) of this section, measurement will be made in a straight line, without regard to intervening structures or objects, from the nearest point at which a solicitation is being conducted to whichever is applicable of the following:
(a) The nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the automated teller machine;
(b) The nearest entrance or exit of a bank, credit union, or other similar financial institution;
(c) The nearest part of an exterior public pay telephone;
(d) The nearest part of the structure of a self-service car wash;
(e) The nearest part of a self-service fuel pump; or
(f) The nearest point of any sign or marking designating an area as a public transportation stop.
(B) It shall be unlawful for any person to peddle, solicit, hawk, sell, or take orders for or offer to take orders for goods or services in a manner that blocks, obstructs, or hinders the free flow of traffic in the lawful use of the street or free passage of pedestrians in the lawful use of the sidewalk.
(C) It shall be unlawful for a person engaged in solicitation to;
(1) Misrepresent the purpose of the solicitation;
(2) Misrepresent the affiliation of those engaged in the solicitation;
(3) Continue efforts to solicit from an individual once that individual informs the solicitor that he or she does not wish to give anything to or buy anything from that solicitor;
(4) Represent the issuance of any permit or registration under this subchapter as an endorsement or recommendation of the solicitation;
(5) Remove, deface, or render illegible a card placed by the occupant of a residence pursuant to division (A)(3) of this section;
(6) Go onto property upon which the owner of the property or the person controlling the property has posted signs prohibiting solicitation; or
(7) Remain on property after the property owner, or the property owner’s designee, representative or agent, has instructed the solicitor to leave.
(D) No solicitor, or person working on his behalf, shall bark, shout, make an outcry, blow a horn or whistle, or use any sound device, including any sound amplifying system, upon any of the streets, avenues, alleys, parks, or other public places of the city, or otherwise be in violation of the city’s noise ordinance.
(E) No person shall engage in solicitation through the delivery of handbills or circulars by placing said handbills or circulars on motor vehicles, public utility posts, or other location such that the same constitutes littering under Tex. Health and Safety Code, Ch. 365. It is presumed that the person or business whose address or telephone number is listed in the notice, poster, paper, or device, or who is otherwise named, described, or identified in the notice, poster, paper, or device, is the person or business who committed the violation, either personally or through an agent or employee.
(F) It shall be unlawful for any person to use children 13 years of age or younger for solicitation activities, unless otherwise expressly permitted herein, unless such children are actively supervised by a parent, guardian, or other adult person at least 18 years of age who is registered as provided herein. For purposes of this division, ACTIVELY SUPERVISED means that the adult person shall be within 100 feet of all children 13 years of age or younger for whom the adult person is responsible at all times when the children are engaged in solicitation activities.
(G) It shall be an affirmative defense to prosecution under this subchapter if the person is occupying the public right-of-way for the purpose of selling newspapers or publications or other printed material which deal with the dissemination of information or opinion; however, this defense is not available if said act occurred upon the paved surface or shoulder of any public street, highway, or road.
(H) Public safety personnel or organizations participating in charitable activities shall be exempt from the requirements of division (A)(1) of this section; however, such charitable activities may not hinder the flow of traffic.
(Ord. O-12-724, passed 2-6-2012) Penalty, see § 111.99
(A) A person commits an offense if, while occupying any public property adjacent to any public roadway in the city, he knowingly conducts a solicitation directed to, or intended to attract the attention of, the occupant of any vehicle stopped or traveling on the roadway. An offense occurs when the solicitation is made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, or services takes place.
(B) It is a defense to prosecution under division (A) of this section that the person was:
(1) Summoning aid or requesting assistance in an emergency situation;
or
(2) A law enforcement officer in the performance of official duties.
(Ord. O-12-724, passed 2-6-2012) Penalty, see § 111.99
(A) Residential. No person shall peddle, solicit, hawk, sell, or take orders for or offer to take orders for any item or service at a private residence in the city after sunset on any day until 9:00 a.m., Monday through Saturday, unless the transaction is the result of a request made to such person by the occupant of such private residence. For purposes of this section SUNSET means the time of day identified by the National Weather Service as the time for sunset for that day for the city. There shall be no solicitations on Sunday, New Year’s Day, Fourth of July, Memorial Day (observed), Labor Day (observed), Thanksgiving, or Christmas Day.
(B) Non-residential. Except for the vending of food or drinks from a motor vehicle or other non-stationary means within construction, manufacturing, or similar areas in the manner specified in division (C) of this section, solicitation shall be allowed only between the hours of 8:00 a.m. and 6:00 p.m. Monday through Saturday. All vending stands must be removed during non-vending hours. All stands and other vending operations must be removed during non-operating hours.
(C) Stands. Vendor stands shall not:
(1) Exceed 20 feet in length, ten feet in width, or 13 feet in height;
(2) Impede access to the entrance or driveway of any adjacent building, impede the flow of traffic, or be within 20 feet of a fire hydrant; or
(3) Occupy more than half of the available sidewalk width or 20 feet of such sidewalk, whichever is less.
(D) Handicapped areas. No solicitor shall conduct business within 20 feet of any handicapped parking space or access ramp.
(E) Removal of trash. All trash or debris accumulating within 50 feet of any vendor stand shall be collected by the solicitor and deposited in an authorized trash container. All solicitors selling food or beverages must provide trash receptacles adjacent to or as a part of their vendor stands.
(F) Prohibited areas. A solicitation permit issued pursuant to this subchapter is valid only on specified public ways or in public places of the city. The city shall prohibit vendors from selling on specified public ways or in public places if it determines such prohibitions are necessary for the protection of public health and safety. Vendor stands and motor vehicles are prohibited within 20 feet of a fire hydrant, fire escape, loading zone, or the driveway of a fire station, police station, or hospital.
(G) Monthly reports. Upon request from the city, all vendors shall provide a copy of their monthly report of sales tax receipts to the city.
(H) Motor vehicles. Solicitation from a motor vehicle shall be prohibited if the solicitor:
(1) Stops, stands, or parks the vehicle within 20 feet of any intersection, within any other prohibited area, or during prohibited hours; or
(2) Conducts business in such a way as would increase traffic congestion or delay, constitute a hazard to life or property, interfere with an abutting property owner, or obstruct access to emergency vehicles.
(Ord. O-12-724, passed 2-6-2012) Penalty, see § 111.99
(A) The merchant, peddler, or seller shall provide to the consumer in writing the right to cancel a solicitation transaction made in person or by telephone in which the consideration exceeds $5 until midnight of the third business day after the day on which the consumer signs an agreement or offer to purchase in a solicitation transaction. For purposes of a telephone solicitation, DATE OF TRANSACTION means the day that the consumer receives the goods, services, or realty purchased in a solicitation transaction.
(B) If the consumer chooses to cancel the solicitation transaction, notification by mail shall be considered given at the time mailed as evidenced by the postmark; notification by telegram shall be considered given at the time filed for transmission; and notification by any other writing shall be considered given at the time delivered to the merchant’s designated place of business.
(C) It shall be unlawful for a merchant, peddler, or seller to refuse to allow the customer to cancel the solicitation transaction.
(D) Cancellations authorized, and the procedure and notice requirements set forth in Tex. Bus. & Comm. Code, Ch. 601, as it may be amended, are applicable to this section, for transactions applicable thereunder. The text of Tex. Bus. & Comm. Code, Ch. 601 is available in the City Secretary’s office, or on-line at Texas Legislature Online.
(Ord. O-12-724, passed 2-6-2012)
All applications for a permit under this subchapter, whether or not a permit has been issued, shall be public records and shall be available for inspection by members of the public during regular business hours, and copies thereof may be obtained at cost.
(Ord. O-12-724, passed 2-6-2012)
It shall be unlawful for any person within the city, engaged in soliciting custom for any person, firm, or corporation engaged in the sale of goods, wares, or merchandise of any kind, by way of promoting his or her business, to stop or detain any person upon any street, sidewalk, alley, or in any public place in the city, or in any manner to harass, disturb, interfere with, or importune any person, or to take hold of any person or any article belonging to or in possession of a person, and any person so offending shall be deemed guilty of a misdemeanor, and shall be subject to penalties as provided in § 111.99; and it shall be the duty of the police officers of the city to arrest without warrant anyone violating any provisions of this section.
(Ord. 65, passed 5-5-1952) Penalty, see § 111.99
Loading...