HomeMy WebLinkAboutOrdinance No. 536 CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES
OF THE CITY BY AMENDING SECTION 15-10 TO
PROHIBIT DIRECT SOLICITATION WITHIN A CERTAIN
DISTANCE OF A SCHOOL ZONE DURING SCHOOL ZONE
HOURS; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
(~200.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it has come to the attention of the City Council
of the City of The Colony, Texas (the "City")'that the direct
solicitation or sale of goods, wares, and other merchandise or
services to persons, through the means of a motor vehicle,
within or near a school zone during school zone hours creates a
traffic hazard, causes congestion, and thereby raises the level
of danger to children arriving at or departing from school; and
WHEREAS, the City Council desires to protect the safety
of school children within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. Chapter 15 of the Code of Ordinances of the
City of The Colony, Texas relating to peddlers and solicitors
is hereby amended in the following particulars, and that all
other chapters, sections, subsections, paragraphs, sentences,
definitions, phrases and words of the Code of Ordinances are
not amended but shall remain intact and are hereby ratified,
verified, approved and affirmed:
A. That Section 15-10 is hereby amended to read as
follows:
"Sec. 15-10. Prohibited hours of o~eration.
(1) It shall be unlawful for any person to
pursue the occupation of peddler,
solicitor or itinerant vendor within
the city between the hours of sundown
and 9:00 a.m.
(2) It shall be unlawful for any person to
participate in the direct solicitation,
sale or offer for sale of any goods,
wares, merchandise or other personal
property or services from, or through
the use of, a motor vehicle within ~
feet of a school zone during school
zone hours. For purposes of this
section, the term "direct" shall mean
in person or face to face contact."
Section 2. That this ordinance shall be cumulative of
all other ordinances of the City affecting peddlers and
solicitation and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this
ordinance.
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Section 3. If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereto any person or circumstances is held invalid
or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
of this 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. Any person violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be subject to a fine 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.
Section 5. 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
the public business, property, health, safety, and general
welfare of the public which requires that this ordinance become
effective from and after the date of its passage and it is
accordingly so ordained.
PASSED AND APPROVED by the City Council of the City of
The Colony, Texas this the _~ day of ~4~--- , 1988.
Mayo'T,-City o~ The Cbl-dny, Texas
ATTE~S~
~."Ci%y S~'~ary,'City of Th~'Colony, Texas
To
City Attorney, City of The Colony, Texas
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