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HomeMy WebLinkAboutOrdinances (O-93-898)-05/04/1993 10 1 2 3 ORDINANCE NO. 0 - q=)- 5?q 9 4 AN ORDINANCE AMENDING CHAPTER 4 OF THE COLLEYVILLE CODE BY MODIFYING AND ADDING THERETO PROVISIONS CONCERNING SOLICITATION; PROVIDING FOR A NOTICE PROHIBITING SOLICITORS; ESTABLISHING DEFINITIONS, REQUIREMENTS OF PERMIT, BOND, APPLICATION FEE, PROCEDURES AND REGULATIONS FOR ITINERANT MERCHANTS, ESTABLISHING DEFINITION, REQUIREMENTS OF PERMITS, APPLICATION FEE, PROCEDURES AND REGULATIONS FOR cP..ARITABLE SOLICITATIONS, ESTABLISHING DEFINITIONS, REGISTRATION PROCEDURES AND REGULATIONS FOR RELIGIOUS SOLICITATIONS, ESTABLISHING DEFINITIONS, REGISTRATIONS, PROCEDURES AND REGULATIONS FOR PUBLICATION SOLICITATIONS, PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. 5 6 7 8 9 11 u WHEREAS, the City Council deems it is in the best interest of the City to adopt the following regulations concerning solicitors, 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF cOLLEYVILLE, TEXAS AS FOLLOWS: 15 16 Sec. 1: That Chapter 4 of the Colleyville Code be amended by amending the provisions of Section 4, and adding thereto new Sections 5 through 8, providing as follows: 17 18 "SECTION 4: SOLICITORS - GENERAL 19 A. Notice Prohibiting Solicitors 20 21 (1) A person, desiring that no person engage in a solicitation at his residence or place of business, shall exhibit in a conspicuous place upon or near the main entrance to the premises, a notice containing the words, "NO SOLICITORS." The letters shall be not less than two-thirds of an inch in height. 22 23 24 2S 1 26 ., 1 2 4 (2) Every person upon going onto any premises for the purpose of any type of solicitation shall first examine the premises to determine if any notice prohibiting soliciting is exhibited upon or near the main entrance. If notice prohibiting soliciting is exhibited, the person shall immediately depart from the premises, without disturbing the occupant(s), unless the person's presence is at the request of the occupant(s). 3 5 6 7 8 (3) No person shall go upon any premises and ring the doorbell, or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant(s), for the purpose of securing an audience with the occupant(s) or engaging in or attempting to engage in solicitation, if a notice as descnbed in subsection (1) above is exhibit in a conspicuous place upon o~ near ~!1e main entrance, unless the person's presence is at the request of the occupant( s). 9 10 11 u 13 15 (4) Any person who has gained entrance to a premises, or audience with the occupant( s), for the purpose of solicitation, whether invited or not, shall immediately depart from the premises when requested to leave by the occupant. 14 16 B. Hours of Solicitation 17 18 No solicitor or salesman shall go from house-to- house or from place-to-place in this city soliciting, seiling or peddling between the hours of 4:30 p.m. and 9:00 a.m. 19 20 SECTION 5: ITINERANT MERCHANT 21 A. Definition 22 24 An itinerant merchant is any person who sells or solicits sales from house-to-house or. from place-to- place in the city, and said sale or solicitation is not a charitable solicitation, religious solicitation or publication solicitation. 23 2S 2 26 1 2 3 4 5 6 7 8 9 10 I I 11 I u I I 13 I J I 14 I I ! 15 il i: i 16 17 18 19 20 21 22 23 24 2S 26 '-"T- B. PennitlExceptions (1) Every itinerant merchant shall be required to obtain a permit prior to the engaging in the business of an itinerant merchant within the City. (2) The requirement of a permit shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made upon authority and by order of law. (3) The requirements of a permit shall not apply to persons under the age of 18 years engaged in the sales of items for extra curricular activities sanctioned by a school district, nor for agricultural products in their natural state sold by the grower. C. Application For Permit (1) An applicant for a permit to do business as an itinerant merchant shall file an application in writing with the Police Department not less than ten (10) days before the first month in which he proposes to engage in business as an itinerant merchant. (2) The application shall contain the following information: (a) The full name, address and telephone number of the person or organization applying for the permit; (b) If the itinerant merchant is selling on behalf of an organization, the name and address of the organization; (c) The license plate number of any and all vehicles to be used by the permittee; (d) The Texas drivers' license number of all persons who will operate a motor vehicle for the permittee; 3 1 2 3 4 5 6 7 Ii 8 ,I I' ;1 9 II jl II 10 11 I' ., II 11 :i II I' ,I u I' II 13 I 14 I 15 16 17 18 19 20 21 22 23 24 2S 26 I: " T (e) Proof of any liability insurance required by state law; (f) The addresses of the itinerant merchant during the previous five (5) years with the name of at least one reference in each community; (g) The name, address, date of birth and fingerprints of each agent selling within the city; (h) A copy of a limited sales tax permit issued by the State of Texas, or proof that the goods sold are not subject to such sales tax; (i) A statement of the type of goods or wares to be sold; U) A copy of a current health certificate if edible merchandise is to be sold; provided, however, this shall not apply to the sale of candy, nuts or other edibles prepared and packaged by a nationally recognized manufacturer or a Texas manufacturer meeting standards imposed by state and local health codes, if such packages are sealed and unbroken. (k) A statement of the period of time such applicant wishes to sell or solicit in said city, providing that no permit shall be issued granting such authority in excess of one calendar year from date of Issue. (1) Documents sufficient to establish the identity of the permittee and each agent. (m) Any other information requested by the Police Chief. D. Bond The application shall be accompanied by a bond in the sum of ten thousand dollars ($10,000.00), signed by the applicant, and signed, as surety, by a surety company authorized to do business in the State of Texas, satisfactory to the Police Chief, conditioned for 4 '1 1 2 3 4 5 6 7 8 9 10 11 U 13 14 15 16 17 ; 18 19 20 21 22 23 24 2S 26 the final delivery of goods, wares, merchandise or services, and conditioned for the correction or remedy of any and all defects in material or workmanship that may exist in the article sold by the principal of said bond, at the time of delivery, and that may be discovered by such purchaser or customer within thirty (30) days after delivery, and which bond shall be for the use and benefit of all persons, firms or corporations that may make any purchase or give any order to the principal on said bond, or to an agent or employee of the principal. Provided that in case applicant is a person, firm, company, partnership, corporation or association engaging in the business of an itinerant merchant through one or more agents or employees, such persons, firm, company, partnership, corporation or association shall be required to enter into only one bond per five agents or employees, in the sum of ten thousand dollars ($10,000.00) as above required, which bond shall be made to cover the activities of its agents or employees. E. Application Fee A non-refundable application fee for an itinerant merchant permit in the amount of one hundred dollars ($100.00); shall be paid upon application provided, however, when any person, firm, company, partnership, corporation or association acts through one or more agents or employees such person, firm, company, partnership, corporation or association shall, in addition to said one hundred dollars ($100.00), pay an application fee of fifty dollars ($50.00) for each agent or employee so engaged F. Investigation: Issuance and Denial of Permits (1) Upon receipt of an application the Police Chief shall make or cause to be made an investigation to determine the qualifications of the applicant for a permit. 5 1 2 3 4 5 6 7 8 9 10 " 11 , U 13 14 15 I, ,. ~ f 16 17 18 j, II 19 II 20 Ii ,I i1 21 'I I, I 22 I 23 24 25 26 (2) If the Police Chief finds that the applicant does not meet the requirements for an itinerant merchant permit, or that there is a need to question the applicant to clarify the application, the Police Chief shall so notify the applicant at least 10 days in advance of a hearing at which the applicant shall appear. (3) The Police Chief shall refuse the issuance of a permit if, upon investigation and hearing, it is determined that the applicant has not complied with all the requirements for the issuance of a permit, or that: (a) One or more of the statements made in the application or at a hearing on the application are false. (b) The applicant or any person the applicant proposes to act as an itinerant merchant within the City has been convicted of fraud, theft, conversion, embezzlement, swindling, robbery, burglary, or any other crime involving moral turpitude. (c) That the applicant had received an itinerant merchant permit in the previous year and failed to comply with the conditions of the permit or this Chapter. (4) If the Police Chief finds that all of the conditions precedent to the issuance of an itinerant merchant permit have been met and the applicant is qualified to receive an itinerant merchant permit, the Police Chief shall issue the permit. Permits will be issued for a period of 30 days. Upon a showing by the applicant of necessity, the Police Chief may approve an issuance of a permit for a period not to exceed one year. 6 1 2 i ~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 G. Edible Merchandise; Sanitation Every person who is licensed as an itinerant merchant to peddle edible merchandise, shall keep all articles for sale to the public in a clean and sanitary condition, as well as the vehicles or other conveyances used in the transportation of such merchandise. H. Quality and Accurate Measures No itinerant merchant shall sell or offer to sell any unsound or unwholesome merchandise or give false weight or measure to such article sold or offered for sale. I. Revocation or License An itinerant merchant permit issued hereunder shall be revoked upon violation of any provision of the portions of this chapter applicable to itinerant merchants or upon determination that any false statement as to any material matter was made in the application or the hearing thereon. The Police Chief shall send written notice of the revocation to the permittee by certified mail/return receipt requested, setting forth the reasons for the revocation. The permittee, by written request served upon the Police Chief not more than 10 days from the date the Police Chief places the notice of revocation in the mail, postage pre-paid, may request a hearing on the matter. The Police Chief shall conduct a hearing upon the matter within 5 days of the request for a hearing. The Police Chief shall either continue the revocation or reinstate the permit based on his determination at the hearing. J. Visible Identification Any itinerant merchant, vendor or peddler in the City shall at all times while working in such capacity wear and prominently display a badge or 7 -.r 1 1 2 3 4 5 6 7 8 9 10 11 U 13 14 15 if I' Ii 16 I' 1 I 17 I I I 18 : I. " I' 19 II II 20 I: 21 II jl 22 I 23 24 2S 26 placard clearly identifying the person by name and clearly identifying the organization he is representing. The letters of said badge or placard must be at least one eighth inch in height, and shall contain the statement "MERCHANT." SECTION 6: CHARITABLE SOLICITATIONS A. Definitions (1) Charitable solicitation means conduct whereby a person, organization, society, corporation or its agent, member or representative, on the plea or representation, whether express or implied, that the proceeds from the solicitation,. sale or entertainment are for a charitable purpose: (a) Solicits property, financial aid, gifts in money or any article of monetary value; (b) Sells or offers to sell a product, article, tag, service publication, ticket, advertisement, subscription; or (c) Holds, promotes or participates in entertainment, sports event, benefit dance, fair, bazaar or other type of organized social entertainment. (2) Charitable purpose means the use of money or property for the benefit of: (a) Charity or philanthropy, or poor, impoverished, destitute, underprivileged, needy, refugee, injured, crippled, disabled, or handicapped persons, or persons in need of rehabilitation; (b) Patriotism, that is, for the teaching of patriotism or the relief or assistance of veterans or veteran's organizations; or 8 1 2 3 (c) Existing educational institutions or for the establishment or endowment of educational 4 institutions or in aid of the education of any person or group of person. S I , I I B. PermitlExceptions 6 i I 7 Ii (1) No person or organization may conduct a Ii charitable solicitation by handbills, advertisements, 8 I: house-to-house canvass, or by any other method in the i city without the person, organization, society or. I I corporation responsible for conducting the solicitation 9 I I first obtaining a charitable solicitation permit. 10 ! I (2) If a person or organization conducts or 11 manages a charitable solicitation in the name of or on behalf of another person or organization, each entity U shall obtain a charitable solicitation permit. 13 (3) A charitable solicitation permit is not required for: 14 (a) An organization soliciting funds or 15 goods only from its own membership; 16 (b) A person or organization soliciting funds only by use of a public broadcasting media; 17 (c) A person or organization soliciting 18 funds only from foundations; II 19 II ( 4) A charitable solicitation permit is not II required for persons under eighteen (18) years of age 20 if engaged in fund raising activities for a nonprofit Ii organization using all profits for young people's activities or donating all profits to charities, other than 21 d a sponsoring organization. 22 23 24 2S 9 26 Ii II 1 2 3 4 5 6 7 8 9 10 11 U 13 14 15 16 17 " 18 19 20 21 22 23 24 2S 26 C. Application For Permit (1) An applicant for a permit to conduct a charitable solicitation in the city shall file an application in writing with the Police Department not less than ten (10) days before the first month in which the proposed charitable solicitation activities are planned. (2) The application shall contain the following information: (a) The full name, address and telephone number of the person or organization applying for a permit and the address of the headquarters in the city. (b) The names and addresses of all officers and directors or trustees of the organization and the name and city of residence of all officers, directors or trustees of the parent organization, if any. (c) The name of the person or persons by whom the receipts of the solicitation will be disbursed; if the receipts are transmitted to a parent organization for further disbursement, a detailed description of the disbursement of all funds and a financial statement of the parent organization for the last preceding fiscal year. (d) The name, address and telephone number of the local person or persons who will be in charge of conducting the charitable solicitation. (e) A description of the method or methods to be used in conducting the charitable solicitations. (t) The period within which the charitable solicitation will be conducted, including the proposed dates for the beginning and ending of the solicitation. 10 1 2 3 4 5 6 7 8 9 10 11 U 13 14 15 16 , 17 18 ! J , I 19 I I 20 I J I i 21 I jl 22 I 23 24 2S 26 (g) A full statement of the character and extent of the charitable work done by the applicant within the city during the preceding year and a statement of the specific purpose for which funds are to be solicited, together with a detailed account of their intended use. (h) If the applicant is a corporation, a copy of its charter or articles of incorporation from its state of incorporation if the applicant is a foreign corporation, a copy of its certificate to do business in this state. (i) If the applicant is a charitable corporation or other non-profit organization, proof of the applicant's current status as a charitable association or other organization to which contributions are tax deductible for federal income tax purposes. U) A statement of whether contributions to the pers~:m or organization are tax deductible and what percentage of the contributions are not tax deductible. (k) Any other information requested by the Police Chief. D. Bond An applicant for a charitable solicitation permit shall, at time of application, submit a surety bond in the sum of ten thousand dollars ($10,000.00), executed by a surety company authorized to do business in the State of Texas, satisfactory to the Police Chief; conditioned for the final delivery of foods, wares, merchandise or services, in accordance with the terms of any order obtained prior to delivery, and also conditioned to correct or remedy any and all defects in material or workmanship that may exist in the article sold by the principal of said bond, at the time of delivery, and that may be discovered by such purchaser or customer, within thirty (30) days after delivery, and which bond shall be for the use and benefit of all 11 .--..--.,.. '.f 1 2 3 persons, firms or corporations that may make any purchase or give any order to the principal on said bond, or to an agent or employee of the principal. Provided that in case applicant is a person, firm, company, partnership, corporation or association through one or more agents or employees, such persons, firm, company, partnership, corporation or association shall be required to enter into only one bond, in the sum of ten thousand dollars ($10,000.00) as above required, which bond shall be made to cover the activities of all its agents or employees. 4 5 6 7 8 E. Application Fee 9 10 An application fee for a charitable solicitation permit in the amount of $100.00 shall be paid upon application; provided, however, when the charitable solicitation is conducted through one or more agents or employees, the aforesaid permit fee shall be increased by the amount of $50.00 for each agent or employee engaged in the charitable solicitation. If, after an investigation it is determined that a charitable solicitation permit will not be issued, said application fee shall be retained as the cost of investigation. If a charitable solicitation permit is issued, the application fee shall be refunded to the applicant. 11 u 13 14 15 16 17 F. Investigation; Issuance and Denial of Permits 18 (1) Upon receipt of an application, the Police Chief shall make or cause to be made, an investigation to determine the qualifications of the applicant for a permit. 19 20 21 (2) If the Police Chief finds that the applicant does not meet the requirements for a charitable solicitation permit or that there is need to question the applicant to clarify the application, the Police Chief shall so notify the applicant at least ten (10) days in advance of a hearing at which the applicant shall appear. 22 23 24 2S 12 26 ._-^'T'""" ',--. 1 2 3 4 5 6 7 8 i I 9 I I 10 I !: 11 12 13 14 15 16 Ii 17 I Ii 18 Ii 19 I 20 I 1 21 22 23 24 2S 26 (3) The Police Chief shall refuse issuance of a permit if, upon investigation and hearing, it is determined that the applicant has not complied with all the requirements for the issuance of a permit, or that: (a) One or more of the statements made in the application or at a hearing on the application are false. (b) The applicant or person in charge of the charitable solicitation has been convicted of fraud, theft, conversion, embezzlement, swindling, robbery, or burglary or other crime of moral turpitude, or that the applicant or person in charge has made or caused to be made false statements or misrepresentations to a member of the public with regard to the charitable solicitation campaign or other activities described in the permit, or has in any way publicly represented that the charitable solicitation permit is an endorsement or recommendation of the cause for which the charitable solicitation is being conducted or has otherwise violated any of the terms of a charitable solicitation permit or this chapter. (c) The applicant received a charitable solicitation permit in the previous year and failed to comply with conditions of the permit. (4) If the Police Chief determines that the applicant has met all conditions precedent to the issuance of a charitable solicitation permit and the applicant is qualified to receive a charitable solicitation permit, the Police Chief shall issue a charitable solicitation permit. Permits will be issued for a period of 30 days. Upon a showing by the applicant of necessity, the Police Chief may approve the issuance of a permit for a period not to exceed one year. 13 .-.--r 'I 1 I i I I I I II Ii 2 3 4 5 6 7 II I I I I 11 O 1, 1 I, Ii i' 11 I ul 8 9 13 I I 14 I , II 15 II ,I Ii 16 II 17 II 11 18 ij II I 19 20 21 22 23 24 2S 26 I "'T' G. Procedures and Requirements (1) When contributions to a person or organization are not wholly tax deductible, the person or organization shall prominently state, in all materials used in the solicitation and in all verbal solicitations, the percentage which is not tax deductible. (2) Any charitable solicitor in the City shall at all times while working in such capacity wear and prominently display a badge or placard clearly identifying the person by name and clearly identifying the organization he is representing. The letters of said badge or placard must be at least one eighth inch in height and contain the statement "CHARITABLE SOLICITATION." (3) No person shall use or disburse funds collected pursuant to a charitable solicitation permit for a purpose other than the charitable purpose described in the application and the actual and necessary expenses incident to the solicitation, collection and disbursement of the funds. (4) No person may solicit or obtain gifts in money or merchandise, directly or indirectly, by the misrepresentation of names, occupation, affiliation, physical disability, financial condition, social condition or residence. H. Investigation (1) If the Police Chief has reason to believe that a person or organization is soliciting for a charitable purpose without a permit or the funds of a person or organization operating under a charitable solicitation permit have been or are being diverted from the purposes for which they are collected, or have been secured by misrepresentation, or the person has violated a provision of this Chapter, the person or organization involved shall be investigated by the Police Chief, and the Police Chief may require the 14 ~, 1 " 2 i' I: :! 3 I, I: II 4 I 5 6 7 8 Ii ,I Ii II 9 I! : I 10 I I I 11 U 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 person or organization to file an immediate account of its receipts and expenditures. (2) The Police Chief may execute in writing and cause to be served upon a person who is believed to have information, documentary material, or physical evidence relevant to an alleged or suspected violation of this section, an investigative demand requiring the person to furnish, under oath or otheIWise, a report in writing setting forth the relevant facts of circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as may be stated in the investigative demand, concerning charitable solicitation that is the subject matter of an investigation. (3) Failure or refusal to comply with an investigative demand shall constitute a violation of this chapter. 1. Revocation or Permit (1) The Police Chief shall revoke a charitable solicitation permit if he determines one or more of the following has occurred: (a) The making of a false statement as to a material matter in an application or hearing concerning an application; (b) The making of a false statement or misrepresentation to a member of the public with regard to the solicitation activity; (c) Violation of any of the terms or conditions of the charitable solicitation permit; ( d) Violation of any provision of this chapter; 15 T '1 1 2 3 4 5 6 7 8 9 10 11 U 13 14 15 , " 16 ;j !l Ii I' 17 II :, I, 'I 18 Ii " 'I 19 II !I 20 II II 21 i 22 23 24 2S 26 (e) The representation by a permittee that the charitable solicitation permit is an endorsement or recommendation of the cause for which the solicitation is being conducted. (2) The Police Chief shall send written notice of the revocation to the permittee by certified mail, return receipt requested, setting forth the reasons for the revocation. The permittee, by written request served upon the Police Chief not more than 10 days from the date the Police Chief places the notice of revocation in the mail, postage pre-paid, may request a hearing on the matter. The Police Chief shall conduct a hearing upon the matter within 5 days of the request for a hearing. The Police Chief shall either continue the revocation or reinstate the permit based on his determination at the hearing. J. Prohibited Conduct A person engaged in charitable solicitation either door-to-door or in a public place shall not: (1) Obstruct or impede the passage of a pedestrian or vehicle; (2) Make physical contact with the person being solicited unless that person's permission is obtained; (3) Misrepresent the charitable purpose of the solicitation; or (4) Misrepresent the charitable affiliation of those engaged in the solicitation. 16 " 1 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 " 16 17 ;; 18 Ii 19 :! 20 Ii II !! 21 22 23 24 II 2S 26 SECTION 7: RELIGIOUS SOLICITATION A. Definitions (1) Religious solicitation means conduct whereby a person, organization, society, corporation, or its agent, member or representative on the plea of or representation, whether express or implied, that the proceeds from the solicitation or sale are for the religious purpose: (a) Solicits property, financial aid, gifts in money, or any article of monetary value; or, (b) Sells or offers to sell a product, article, tag, service or printed material. (2) Religious purpose means the use of money or property for the support of a church, religious society, or other religious sect, group or order. (3) Public place means any property open or devoted to public use. (4) Door-to-door means private residence and business of persons who are both unknown to the person soliciting and not members of the church, religious society or other religious sect, group or order on whose behalf the solicitation is performed. B. Registration; Identification Badge (1) A person who engages in religious solicitation door-to-door or in a public place shall first register with the Police Chief, giving the following information: (a) Name of registrant; (b) Name of organization; 17 T T 1 2 3 4 5 6 7 I I 8 " I' 9 II ,I I 10 ,I i I 11 ! u I 13 I ! I 14 I I I I I 15 I I I I 16 17 18 19 20 21 22 23 24 2S 26 (c) Duration and locations of proposed solicitations; and (d) Number of participants. (2) Registration expires after one year and must be renewed annually. If a change occurs in any of the information submitted with the registration, the person or organization shall notify the Police Chief of the change. (3) A person shall wear and prominently display an easily identification badge while engaged in religious solicitation. The identification badge shall: (a) Be in letters of at least one eighth inch in height; (b) Identify the name of the person and the name of the organization as registered with the Police Chief; and (c) Contain the statement "RELIGIOUS SOLICITATION." (4) If a person, organization, society or corporation conducting a religious solicitation obtains a charitable solicitation permit, that person, organization, society or corporation is not required to comply with the requirements of this section. C. Prohibited Conduct; Suspension, Cancellation of Registration (1) A person engaged in religious solicitation door-to-door or in a public place shall not: (a) Obstruct or impede the passage of pedestrian or vehicle; 18 .,. " (b) Make physical contact with the person being solicited unless that person's permission is obtained; (c) Misrepresent the religious purpose of the solicitation; or (d) Misrepresent the religious affiliation of those engaged in the solicitation. (2) Should a violation of this section come to the attention of the Police Chief, he shall immediately suspend the registration of the person alleged to have committed the violation and notify the person of the availability of a hearing before the Police Chief or a designee. Unless a request for a hearing is received within ten (10) business days of the date notice is mailed by the Police Chief, such suspension shall become final and such registration shall be canceled. If a request for a hearing is received, a hearing shall be afforded before the Police Chief or his designated examiner within five (5) business days of the request. After the hearing the person holding the hearing shall immediately either lift the suspension or, if it is concluded that and such conclusion is supported by substantial evidence that a violation has occurred, cancel the registration. No new registration shall be issued such person for a period of six (6) months following such cancellation. SECTION 8: PUBLICATION SOLICITATION A Definition For the purposes of this article, publication solicitation means conduct whereby a person sells or takes orders for sales of newspapers, magazines, or other publications (including audio and visual recordings). Publication solicitation is exempt from all provisions of Section 5, 6 and 7 of this Chapter. 19 1 1 2 3 4 5 6 7 8 9 10 I 11 U 13 14 I I 15 I !I i' 16 ; I 17 Ii II 18 II I 19 20 21 22 23 24 2S 26 I Ii ,I II ~--.,..... B. Registration; Identification Badge (1) A person who engages in publication solicitation and who goes personally from house to house shall first register with the Police Chief giving the following information: (a) Name of registrant and residence address; (b) Name and address of organization (if any) employing registrant; (c) Names or description of publications to be sold or for which solicitation is to be made; and ( d) Date solicitations or sales are to commence and cease. (2) Registration expires at 12:00 midnight December 31 each year and must be renewed annually. If a change occurs in any of the information submitted with the registration, the person or organization shall notify the Police Chief of the change. (3) Any publication solicitor shall at all times when working in such capacity wear and prominently display an identification badge containing: (a) The name of the person to whom it is issued. (b) The name of the organization (if any) which employs or pays the commission of the person doing the solicitation. (c) The words "Publication Solicitation." 20 1 2 3 4 5 6 7 I 8 Ii I' II II 9 I i I 10 1: ;; , ' ii 11 'I Ii u I I I I 13 I I 14 I I I! , 15 Ii ;. 16 lj I, 17 Ii II 'I 18 il 19 I 20 21 22 23 24 2S 26 II II C. Prohibited Conduct; Suspension, Cancellation of Registration (1) A person engaged in publication solicitation shall not: (a) Go from house to house without first registering as herein required. (b) Refuse to display the registration badge provided to him. (c) Misrepresent to the Police Chief, or any person solicited for a sale or order, the purpose of the solicitation, the identity of the organization doing the solicitation, the identity of the person doing the solicitation, the price of a publication, its source, or the beneficiary of profits derived from solicitation. (d) Obstruct or impede the passage of a pedestrian or vehicle. (e) Make physical contact with the person being solicited without the permission of such person. (2) Should a violation of this section come to the attention of the Police Chief, he shall immediately suspend the registration of the person alleged to have committed the violation and notify the person of the availability of a hearing before the Police Chief or a designee. Unless a request for a hearing is received within ten (10) business days of the date notice is mailed by the Police Chief, such suspension shall become final and such registration shall be canceled. If a request for a hearing is received, a hearing shall be afforded before the Police Chief or his designated examiner within five (5) business days of the request. After the hearing the person holding the hearing shall immediately either lift the suspension or, if it is concluded that and such conclusion is supported by substantial evidence that a violation has occurred, cancel the registration. No new registration shall be 21 " 1 2 3 4 5 6 7 I 8 I 9 I 10 ! ;; 'I 11 Ii II U 13 14 15 II Ii " i 16 17 II 18 I 19 20 21 22 23 24 2S 26 issued such person for a period of six (6) months following such cancellation. Sec. 2: THAT the Sections of Chapter 4 of the Colleyville Code, beginning with 5 through 17, be renumbered successively, beginning with renumbering Section 5 as Section 9. No modification or amendment of Sections 5 through 17 of Chapter 4 of the Colleyville Code as they appeared in the Code prior to the adoption of this Ordinance is intended. Sec. 3: THAT any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation continues or is allowed to exist shall constitute a separate violation and be punishable hereunder. Sec. 4: THAT the City Secretary is hereby authorized to cause publication of the descriptive caption and penalty clauses of this ordinance as an alternative method provided by law. AND IT IS SO ORDERED The fir{leadi] and public hearing being conducted on the ~ ' 1993. Ifl~ day of c!1/J.J. day )/11- day of The sec'!J'f:;:tlg and public hearing being conducted on the of , 1993. The t. reading and public hearing being conducted on the ,1993. A ~fj;bM ~ LEGALITY: Ross T. Foster City Attorney 22 T