Loading...
HomeMy WebLinkAboutOrdinance No. 2016-2194CRY OFTHE COLONY, TEXAS ORDINANCE NO. ZDI Is- ZI914 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY REPEALING IN ITS ENTIRETY CHAPTER 15, SECTIONS 1&1 TO IS 12, ENTITLED "PEDDLERS AND SOLICfTORW AND REPLACING IT WITH A NEW CHAPTER 15, SECTIONS 15-1 TO 15-12, ENTITLED "PEDDLERS AND SOLICITORS," BY REQUIRING A LICENSE TO ENGAGE IN SOLICITATIONS; PROVIDING EXCEPTIONS TO THE LICENSE REQUIREMENTS; PROVIDING FOR THE INVESTIGATION AND REVIEW OF APPLICATIONS FOR A LICENSE; PROHIBITING CERTAIN HOURS OF OPERATION; PROBIBITING SOLICITATIONS ON CERTAIN HOLIDAYS; REQUIRING THE CARRYING OF THE LICENSE TO SOLICIT; PROVIDING FOR THE REVOCATION OF A LICENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Caval of the City of The Colony, Texas, has discnssd and considered such revisions; ad has determined that it is in the best interent of the City to arni the cures Chapter 15, Sayan I5-1 to 15-12, to address solicitaooris within the City of The Colony. Texas in accordance with law; ad WHEREAS, the City Council of the City of The Colony, Testas, has determined Chet the following regulation is necessary in oda to protect public heaNh, safety, and welfare of the consists of the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECfIONI. The findingsset forthahoveareincmporard inm the bdy afthis Odinatta asiffillysnfaMhmin. SECTION 2. That the Code of Ordinances of the City of The Colony, Taxes be, and the same is, hereby amended by repealing Chapter 15, Sections 15.1 to 15-12, entitled "Peddlers and Solicitors," in its entirety and replacing it with a new Chapter 15, Sentiont 15.1 to 15.12, entitled "Peddlers and Solicitors;' which shell read as follows: 'Chspler 15. PEDDLERS AND SOLICITORS Ser. IS1.-DeMRIwB. As used in this chapter, the following [ams shall have the respective meanings escribd to therm Page 1 Chiefof➢o/ice: The chiefofpolice of Ne cityor his designee. City-bared mgankation: My group maintaining an orgemizational sWclure within the city, and which may be either registered with the state as a certified nonprofit organization or intricately chartered as a service or professional organization and which is working for the botheration of the entire city. Canvasser My person who anempts m make personal contact with a person at a msidawce without a prior specific invitation or appointment from the resident f rhe purpose of attempting to enfist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against the cause. Commerce: Soliciting, selling or taking orders for or offering to take orders for, any goods, wares, merchandise or other personal property or services. Itinerant vendor: My person in person or by agents, accounts and employees, who or which engages in the temporary or transient business of selling, exhibiting or offering for sale in the city, any goods, wares, merchandise, services, photographs, produce or other personal property, or offers for aide or exhibits the same f aide, or exhibits the same for the purpose of taking orders or subscriptions for the sale Hereof. Localyouth orgarrkation: Any participant in a local youth oreanizetion that operates within the city limits of The Colony. This includes local action sports and academic teams and organizations such as girl and boy scouts, or similar organizations. Notyr Ft organization: Any organization which is either registered with the state as a testified nonprofit organization or rationally chartered as a service or professional organization and which is working for the betterment of the entire city. Peddler, solicitor azul itinerant vendor: My person engaged in the soliciting, selling or taking orders f , or offering to take orders for, any goods, wares, merchandise or other personal property or services, including but not limited to, produce and photographs, in the city. Solicit funds or solicitatlan offends: Any request f money, property or anything of value; or the pledge of future money, property or anything of value; or the selling or offering for sale of any properly, real in personal tangible or intangible, whether of value or not, including, but not limited to, goods, books, pumphlets, fickers, publications or subscriptims, or for any paid service. Soliciting includes the posting of any handbills her such goods or services. Temporary business: My business transacted or conducted in the city in, upon, through or Goon ivy private premises or space upon any private property for which no definite am mgemeat for legal right of occupancy thereof, for the purpose of conducting such business therein or thereonf a permit of at least one month, bas been made in advance of such use and occupancy. TYandent business: The business of an itinemnt vendor as may be operated or conducted by any nations, or his agents, savants or employees, who resides or is domiciled away from the city Page 2 or who has a fixed place of business or business headquarters outside of the city, in who moves stacks of goods, wares, merchandise or other personal property or samples thereof into the city with the purpose or intention of removing then or the unsold portion thereof away from the city before the expiration of six months. Sm. 15-2. Registration—Engaging to commerce; required; information. It shall be unlawful for persons engaged in commerce to go from house to house or place to place in the city solicitor& selling car taking orders for, or offering to take orders for any goads, wares, merchandise, or other personal property or services, without first having registered with the chief of police. Each person so registering shell give the following information: (1) The more, home address and local address and local address, if any, of the registrant. (2) Home address of 0 addresses lived in the past twelve (12) menthe. (3) The name and address of the person, if any, whom the registrant represents or for whom or through whom orders are to be solicited or cleared. (4) The nature of the articles or thing which are sold or for which orders are to be solicited. (5) Whether the registrant, upon the sale or order, shall demand, receive or accept payment or deposit of money in advance of final delivery. (6) The period of time during which the registrant wishes to solicit or sell in the city. Sm 15.3. - Same—Idenfity of registrant. At the time of registration as provided for above, the registrant sisal famish the chief of police written proof, under oath, of such person's ideality, verified by the person for whom or through whom orders are to be solicited or cleared. See. 15-4. - Same�harimble organizations, salespersons, ate. It shall be the duty of all charitable organizations and their reposeenmfives, commercial agents dealing with local business establishments in the usual course of business, insurance salespersons, real estate salespersons and or others licensed by the state to follow the same registration procedures as outlined above for persons engaged in commerce. See. IM. -Llmne Required; exception. (a) It shall be unlawful for any person engaged in commerce, mul not within the provisions of section 154, to pursue the occupation of a peddler, solicitor or itinerant vendor of goads, wares, merchandise, produce, photographs or other personal property, in the city, or for any such person to go fiom bouse to house, or from place to place in the city, soliciting, selling or taking orders for any goods, wars, merchandise, produce, Page 3 photograPhs or other personal property without first having applied for and obtained a license to do m fimn the chiefofisdia. (b) Local youth organization members are not required to obtain a permit if they are attired in uniforms of the kcal youth organization or displaying a picture id fmm the local youth organization on their person. (c) A canvasser is not required to obtain a permit. See. 15-6. - Same—Application Application for a license shall be made upon forms famished by the chief of police and shall he in wiring under oath and shall me out the following: (1) Name of applicant, with applicant's permanent residence, and home address of all addresses lived in the pan twelve f 12) months. (2) Name and address of the person applicant represents, if any. (3) The kind, type and character of goods applicant will offer for sale. (4) Names and addresses of five (5) persons as references. (5) How often the applicant will solicit during the course of the year. (6) The names of the cities where applicant has worked in the previous thirty, (30) days. (7) Whether or tW applicant bas eve been convicted of a relony, a miademeanor involving moral turpitude, or has been arrested far any offense within the last 12 months. Ser. 167.-Investigation; term; fee; denial. (a) It shall he the duty of the chief of police to investigate each applicant for a permit or licase before issuance of such permit or license. Such permit, if granted, shall be issued after payment of fee established by resolution of the City Council. (b) Within tan (10) working days of the receipt of the application, the police chief shill either issue a license, as Provided by this chapter, our notify the person applying that the application does cwt comply with Ne requirements of this chapter. (c) The application shall be accompanied by a nonrefundable license fce. An additional application and fee will be required fer each person soliciting, make home solicitations and distributing commercial handbills. Such f shall be established by resolution of the City Council. A fee is not reryved for chmimble solicitations, soliciting for charitable Page 4 purposes or fm a city based organization. This fie shall rot apply to persons engaged in representing a business having an established location within the city which is not a transient business. (d) A limine pursuant to Nis chapter shall expire M the tmnisution of the mlicitaM1on pled specified in the permit application or onehudred and eighty(180) days from the dale of issuance, whichever is less. (e) The chief of police may refuse to issue smis permit if it is fowM thus the applicant has been conviMed of a felony, or of a misdemearmr involving a crime of moral turpitude, or any ores[ within the past twelve (12) months, m if any of the information fimmishd on the application blank is found to be false, if the applicant fails m refiares to furnish the information tex umd, or if the type of business or gods to be sold will violate some law of this state or ordinance of the city. Any applicant who has been refused issuance of a permit or license under this section shall have the right of appeal to the city manager. The city managers dmision regarding an appeal shall be final. Any applicant who has been refused issuance of a permit or license under this section shall not be entitled to reapply for a peril of six months from the date of the refusal. Sm. 15.8.- Carrying license, permit and photographic identification. It shall be unlawful for any person to engage in any activity for which a permit or license is reformed by this chapter without carrying such instant or license on the person while so engaged. It shall further be uniawful for any person to engage in any activity for which registration or a permit or license is required by this chapter without wearing a photographic identification badge issued by the chief of police on the person w as to be visible at all times while so engaged. A fee of SIOM shall be charged for every photographic identification badge issue. Sec. 15-9. - Revocation of license or permit. If after a permit or license has been issued it is found that the permit or license was obtained by false represenmtion in the application or if any of the other grounds fm refused becomes known, the permit cr license may be revoked by the chief of police. My holder of a permit or license which is rooked shall not he emitted to reapply for a period of one (1) year from the date of the revocation. Sm. 1S110. - Prohibited hours aoperation. (a) It shill be urdawfal for any person to pursue the occupation of peddler, solicitor or itirment vector within the city except between the hours of'/ a.m. one-half (12) hour befere snnsem. (b) It shall be unlawful for any gonna m participate in the direct suhicustion, sale or offer for vie of my goods, wares, mmebrandise or other personal property or services from, or through the use of, a minor vehicle within IN fat of a school zone during school zone Page 5 hours. For purposes of this section, the term "direct" shall mean in pavan or face -=-face contact. (c) It shall be unlawful to for my person to pursue the Occupation of peddler, solicitor or itinerant vendor at my time on New Year's Day, Memorial Day, July fourth, labor Day, Veteran's Day, Thanksgiving Day, or Christmas Day. Sec. l&11. - Solicitation and handbill iffindbutbn. (a) It shall be unlawful for any person or organization to solicit upon my private premises, if requested by anyone therein not to do so, or if there is placed on such premises in a conspicuous position, near Ne entrance thermf, a sign giving rwtice indicating in my manner, that the occupants of such premises do rut desire to be solicited. (b) It shall be unlawful for any person or organization to etwch or attempt to attach handbills to the door or window of my residence N my memo except by Ne use of rubber bawds. No handbills may be tacked, glued or taped to Ne premise of residence. (c) It shall be unlawful for my person or orgarfi ation to att It Or place my handbill On my motor vehicle on private or public property. (d) The time and contact phone number of the commrnid haMbill distributor or sponsor shall be clearly printed on each handbill Or Other advertisement than is distributed. Sea 1&12. - Entry without Invitation. It shall he unlawful for any person or organization ua solicit upon my private premises, if raluested by anyone thereon not to do so, or if Here is placed on such premises in a conspicuous position, new the entrance thereof, a sign giving notice indicating in my memo, that the Occupants of such premises do not desire to be initiated" SECTION 3. It is bereby declared to be the intention of the City Council that the phreses, clauses, sentences, paragraphs and sections of Nis Ordinance are severable, and if my phrase, clause, sentence, paragraph or section of this Ordinance shall be declared constitutional by the valid judgment or decree of my nun of competent jurisdiction, such unconstitutionality shall not affect my of the remaining phrases, clauses, romances, paragraphs and sections of this Ordinance, since the same would have hem maned by the City Council without the incorporation of this Ordinance ofany such =constitutional phrase, clause, sentence, paragraph or section. SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texan, in conaict with the provisions of this Ordinance be, and Ne same we Jimmy amended, reputed, and all other provisions of Ne Codmances of the City not in conflict with the provisions of this Ordinance shall remain in fall force and effect. Page 6 SECTION S. Any person, firm, or corymation violating my of the pmvisiore of dtis Ordinance shall be demand guilty of a midemeawr and, upon mnviction in the municipal mart of the City of The Colony, Texas, shall be ptaishd by a fine nor on, excel the sin of Five Hun d Dollars (5500.00) for each offense. Every day a violation occurs shall wnstame a separate offnuo. SECTION 6. This Ordinanm shall hxome effective Som atd after its done of passage in amidance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEAS, THIS THE 19M day of JANUARY, WI& i J MOCo , Mayor ATTEST: 1a� Christie Wilsm, City Secretary APPROVED AS TO FORM: 7affMoar City Allomey Page 7