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(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