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HomeMy WebLinkAboutOrdinance No. 329 CITY OF THE COLONY, TEXAS ORDINANCE NO. 0~3~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15 RELATING TO PEDDLERS AND SO- LICITORS BY AMENDING SECTIONS 15-1, 15-2, 15-3, 15-5, 15-6, 15-7, AND 15-9; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OF- FENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COM- MITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Chapter 15 of the Code of Ordinances of the City of The Colony, Texas, is hereby amended in the following particulars and ali other existing sections, subsections, paragraphs, sentences, definitions, phrases and words of said Code of Ordinances are not amended but shall remain intact and are hereby ratified, verified and affirmed: A. That Section 15-1 is amended to add the following definition: "Chief of Police: The Chief of Police of the city or his designee." B. That Section 15-2 is amended to read as follows: "It shall be unlawful for persons engaged in interstate commerce to go from house to house or place to place in the city soliciting, selling or taking orders for, or offering to take orders for any goods, wares, merchandise, or other personal property or services, without first having registered with the Chief of Polic~. Each person so registering shall give the following information: (1) The name, home address and local address, if any, of the registrant. (2) 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. (3) The nature of the articles or things which are to be sold or for which orders are to be solicited. (4) Whether the registrant, upon any sale or order, shall demand, receive or accept payment or deposit of money in advance of final delivery. (5) The period of time during which the registrant wishes to solicit or sell in the city." C. That Section 15-3 is amended to read as follows: "At the time of the registration as provided for above, the registrant shall furnish the Chief of Police written proof, under oath, of such person's identity, verified by the person for whom or through whom orders are to be solicited or cleared." D. That Section 15-5 is amended to re~d as follows: "It shall be unlawful for any person not engaged in interstate commerce, and not within the provisions of section 15-4, to pursue the occupation of a peddler, solicitor or itinerant vendor of goods, wares, merchandise, produce, photographs or other personal property in the city, or for any such person to go from house to house, or from place to place in the city, soliciting, selling or taking orders for any goods, wares, merchandise, produce, photographs or other personal pro- perty without first having applied for and obtained a license to do so from the Chief of Police. This section shall not apply to persons engaged in representing a business having an established location within the city which is not a transient business as described therein." E. That Section 15-6 is amended to read as follows: "Application for a license shall be made upon forms furnished by the Chief of Police and shall be in writing under oath and shall set out the following: (1) Name of applicant, with applicant's permanent resi- dence. (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 not applicant has ever been convicted of a felony, or a misdemeanor involving moral turpitude." F. That Section 15-7 is amended to read as follows: "It shall be the duty of the Chief of Police to investigate each applicant for a permit or license before issuance of such permit or license. Such permit, if granted, shall be issued for a period of one (1) year upon payment of a permit or license fee of ten dollars ($10.00). The Chief of Police may refuse to issue such permit if it is found that the applicant has been convicted of a felony, or of a mis- demeanor involving moral turpitude, if any of the informa- tion furnished on the application blank is found to be false, if the applicant fails or refuses to furnish the information required, or if the type of business or goods to be sold will violate some law of this state or ordinance of the city. Any applicant who as been refused issuance of a permit or license under this section shall not be entitled to reapply for a period of six (6) months from the date of the refusal." G. That Section 15-9 is amended to read as follows: "If after a permit or license has been issued it is found that the permit or license was obtained by false representation in the application or if any of the other grounds for refusal becomes known, the permit or license may be revoked by the Chief of Police. Any holder of a permit or license which is revoked shall not be entitled to reapply for a period of six (6) months from the date of the revocation." Section 2. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. -2- Section 3. If any section, article, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. The fact that the present ordinances and regulations of the City of The Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of public business, property, health, safety, and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED on the I day of ~ , 1985. ~ity ot~l'he ~'olony, Texas ATTEST: Cit~cretary- [SEAL] APPROVED AS TO FORM: -3-