HomeMy WebLinkAboutOrdinances (O-13-1902)-12/17/2013 ORDINANCE 0-13-1902
AN ORDINANCE OF THE CITY OF COLLEYVILLE AMENDING THE CODE OF
ORDINANCES CHAPTER 70, ARTICLE II, SECTION 70-28, RELATING TO
HOME SOLICITATION, DISTRIBUTION, AND MISCELLANEOUS SALES;
PROVIDING FOR A PENALTY BY FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500); PROVIDING A SAVINGS CLAUSE; REPEALING
CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Colleyville, Texas, is a home-rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5
of the Texas Constitution and Chapter 9 of the Local Government
Code; and
WHEREAS, the City of Colleyville currently regulates commercial home
solicitation and commercial home distribution on private property
in a manner to promote good order and protect citizens and non-
citizens, while at the same time maintaining a person's First
Amendment right to communicate through that medium; and
WHEREAS, the City Council finds that the regulations provided by this
ordinance are necessary to promote the City's legitimate and
compelling interests and are provided without reference to the
content of any message; and
WHEREAS, the City Council finds that the City has a legitimate and
compelling interest in protecting the privacy of its residents in a
most important place, the homestead; and
WHEREAS, the City Council determines that preserving the sanctity of the
home, including the right to be free from unwanted and
unwelcome intrusion, is a compelling governmental interest; and
WHEREAS, the City Council finds that the City has a legitimate and
compelling interest in preventing undue annoyance of its
residents; and
WHEREAS, the City Council finds that the City has a legitimate and
compelling interest in protecting its residents from crime; and
WHEREAS, the City Council finds door-to-door activities pose an inherent risk
of crime; and
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WHEREAS, the City Council finds that curfew regulations limiting the hours
and days when a person may solicit, peddle, or distribute on
private property are necessary to prevent undue annoyance of its
residents and to protect the sanctity of citizens' homes; and
WHEREAS, the City Council finds that posting "no-solicitation"or similar signs
alone is inadequate to protect its citizens from undue annoyance;
and
WHEREAS, the City Council finds that curfew regulations limiting the hours
and days when a person may solicit, peddle, or distribute on
private property are necessary to prevent crime to property and
persons and to protect the health and safety of persons engaged
in solicitation or distribution; and
WHEREAS, the City Council finds the regulations of this ordinance do not
prevent door-to-door activity and that ample alternative channels
of communication exist beyond the curfew requirements,
including, but not limited to door-to-door solicitation between the
hours of 9:00 a.m. and 4:30 p.m. on non-holidays Monday
through Saturday, solicitation via telephone and other electronic
communication, public solicitation outside of the privacy of
citizens' doorsteps, and solicitation via direct mail, television,
radio, and internet; and
WHEREAS, the City Council finds that early evening hours is when calls for
crime-related assistance are consistently higher and the curfew
provisions are necessary to assist with crime prevention by
enabling the City's police officers to respond to other crime-
related calls in the evening and night; and
WHEREAS, the City Council finds that an unanticipated visit by a stranger on
citizens' doorsteps is capable of causing fear and suspicion,
resulting in a call for service, and that these calls for service can
be better handled by the Police Department during the hours
between 9:00 a.m. and 4:30 p.m.; and
WHEREAS, the City Council finds the regulations provided in this ordinance
allow the Police Department to focus its operations on crime-
related activity, as opposed to calls for service in response to
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door-to-door solicitation, during the evening, night, and early
morning hours when calls for service naturally increase; and
WHEREAS, the City Council finds the regulations provided in this ordinance
are an integral component of the City's safety plan and that crime
prevention efforts would be less effective without the provisions
of this ordinance; and
WHEREAS, the City Council finds that regulations requiring persons who
engage in door-to-door contact with its citizens to obtain a permit
are necessary to prevent crime to property and persons; and
WHEREAS, the City Council is authorized to adopt ordinances to protect the
health, safety, and welfare of its citizens; and
WHEREAS, the City Council has determined that it is a necessity to regulate
activities as provided for herein to safeguard the public; and
WHEREAS, the City Council is authorized by law to adopt the provisions
contained herein, and has complied with all the prerequisites
necessary for the passage of this Ordinance; and
WHEREAS, all statutory and constitutional requirements for the passage of
this ordinance have been adhered to, including but not limited to
the Open Meetings Act; and
WHEREAS, the purposes of this Ordinance are to promote the public health,
safety, and general welfare of the citizens of the City of
Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all of the above premises are found to be true and correct
and are hereby incorporated into the body of this ordinance as if
copied in their entirety herein.
Sec. 2. THAT Chapter 70 of the Code of Ordinances is hereby amended in
its entirety and replaced with the attached Exhibit "A".
io
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Sec. 3. THAT any person, firm, or corporation violating any provision of
this ordinance shall be deemed guilty of a misdemeanor and shall
upon final conviction thereof be fined in the amount not to exceed
five hundred dollars ($500.00). Each and every day any such
violation shall continue shall constitute a separate violation
hereunder.
Sec. 4. THAT if any section, sentence, clause, or phrase of this ordinance
be declared unconstitutional for any reason, it shall not affect the
constitutionality and the validity of any other section, sentence,
clause, or phrase, and the City Council declares that it would have
passed all other sections, sentences, clauses, or phrases of this
ordinance notwithstanding the unconstitutionality or invalidity of
any paragraph, section, sentence, clause or phrase hereof.
Sec. 5. THAT all ordinances or any parts thereof in conflict with the terms
of this ordinance shall be and hereby are deemed repealed and of
no force or effect; provided, however, that the ordinance or
ordinances under which the cases currently filed and pending in
the Municipal Court of the City of Colleyville, Texas, shall be
deemed repealed only when all such cases filed and pending
under such ordinance or ordinances have been disposed of by a
final conviction or a finding of not guilty or nolo contendere, or
dismissal.
Sec. 6. THAT the effective date of this ordinance shall be immediate upon
its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 3rd day of
December 2013.
The second reading and public hearing being conducted on the 17th day of
December 2013.
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ATTEST: APPROVED:
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Amy helley, TR David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
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Matthew C.G. Boyle
City Attorney
Exhibit “A”
PEDDLERS, SOLICITORS, AND MISCELLANEOUS SALES
I. SOLICITATION GENERALLY
The purpose of this ordinance is to secure the general health, safety, and
welfare for the residents of the City of Colleyville by:
Prohibiting door-to-door solicitation at residences during the times
when such activity is most intrusive and disruptive to citizens' privacy;
Regulating the locations in which solicitation activity may occur to
promote safety and minimize congestion;
Regulating the manner in which any solicitation activity may occur to
promote good order, and protect citizens from aggressive and
intimidating practices; and
Requiring solicitors to obtain permits from the City to aid in crime
detection and deter deceptive practices and fraud.
II. DEFINITIONS
A. The following words and phrases, when used in this ordinance,
shall have the meanings ascribed to them by this section:
1. Charitable purpose shall mean philanthropic, religious, or
other nonprofit objectives, including the benefit of poor,
needy, sick, refugee, or handicapped persons; the benefit
of any church or religious society, sect, group, or order;
the benefit of a patriotic or veterans' association or
organization; the benefit of any fraternal, social, or civic
organization, or the benefit of any educational institution.
"Charitable purpose" shall not be construed to include any
direct benefit to the individual making the home
solicitation, to include the benefit of any political group, or
political organization, which is subject to financial
disclosure under state or federal law.
2. Commercial home solicitation or soliciting means the
solicitation at a residence through the attempt or act of
asking, bartering, or communicating in any manner for the
purpose of selling or offering to sell goods, services, or
realty for a for-profit purpose, which includes promoting,
advertising, receiving or obtaining money, gifts or items of
value for said individual or group of individuals, or for-
profit organization, club, company, corporation.
3. Commercial home distribution or distribute means the
door-to-door distribution of advertisements or handbills
(other than through the United States mail).
4. Dusk means thirty (30) minutes after sunset.
5. Handbill means and includes any printed or written matter,
any sample or device, circular, leaflet, pamphlet, paper,
booklet, or any other printed or otherwise reproduced
original, or copies of any matter or literature.
6. Handbill distributor means and includes any person
engaging or engaged in the business for hire or gain of
distributing handbills, other than newspapers distributed to
subscribers thereof, and any person receiving
compensation directly or indirectly for the distribution of
such handbills.
7. Handbill sponsor means and includes any person, firm, or
corporation who utilizes handbills as a medium of
advertising or spreading a message.
8. Itinerant operations shall mean and refer to the conduct of
business operations at one or more locations or properties
throughout the day, provided that the mobile vendor does
not remain or linger at any particular property or location
for longer than thirty (30) minutes.
9. Itinerant vendor shall mean any person who sets up and
operates a temporary business on privately owned
property, whether improved or unimproved, in the City,
soliciting, selling, or taking orders for, or offering to sell or
take orders for any goods or services.
10. Mobile frozen dairy food vendors shall mean any person
who operates a vehicle on the streets of the City for the
purposes of soliciting sales of frozen dairy food, either
made or produced at the time of the sale, or prepackaged
and wrapped in a covering.
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11. Mobile ice cream truck is a mobile food unit that operates
from a motor vehicle and sells only prepackaged, single-
portion, ice cream or frozen confections.
12. Peddler shall mean any person traveling by foot, wagon,
vehicle, or any other type of conveyance from street to
street carrying, conveying, or transporting goods, wares,
or merchandise and offering or exposing them for sale, or
making sales and delivering articles to purchasers; or who,
without traveling from place to place, exhibits, displays,
sells, or offers for sale, such products from a wagon,
handcart, pushcart, motor vehicle, conveyance, or from his
person, while on the public right-of-way of the City of
Colleyville. A peddler also includes any street vendor,
itinerant vendor, or transient vendor.
13. Public right-of-way for the purposes of this ordinance shall
mean a legally established area or strip of land, either
public or private, on which an irrevocable rite of passage
has been recorded, and which is occupied, or intended to
be occupied, by a street, utility service, water main,
sanitary or storm sewer main, or other similar use. Right-
of-way also includes the travel portion of the roadway and
all traffic medians.
14. Residential street means a thoroughfare or public
driveway, other than an alley, not on the City’s Master
Thoroughfare Plan, which has been dedicated or deeded to
the public for general use and affords a principal means of
vehicular or other access to property abutting thereon.
15. Temporary business means one that continues for forty-
five (45) days or less; and, exists whether solicitation is
from a stand, vehicle, or freestanding. Any business that
exists more than forty-five (45) days shall be deemed to
be a permanent occupancy and is required to obtain a
certificate of occupancy from the Community Development
Department.
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16. Transient vendor shall mean vendors who sell items for a
limited time and have no permanent place of business at
that location. Examples of places where transient vendor
sales may take place are at fairs, bazaars, flea markets,
art or craft shows, or concerts.
III. COMMERCIAL HOME SOLICITATION AND COMMERCIAL HOME
DISTRIBUTION
A. COMMERCIAL HOME SOLICITATION AND COMMERCIAL HOME
DISTRIBUTION ON PRIVATE PROPERTY
1. It shall be unlawful for any person to conduct commercial
home solicitation or commercial home distribution upon
residential property within the City without first obtaining a
written permit as prescribed by this ordinance.
2. It shall be unlawful to approach any part of a residence
other than the front door.
3. It shall be unlawful for any person(s), handbill distributors,
or commercial home solicitors to distribute or cause to be
distributed, deposited, placed, thrown, scattered, or cast,
any handbill upon any residential property except:
a. By handing or transmitting such handbill directly to the
owner or occupant then present in or upon such private
premises; or
b. By placing or depositing the same in a manner to
secure and prevent such handbill from being blown or
drifting about such premises, except that mailboxes
may not be used when prohibited by federal postal laws
or regulations.
4. It shall be unlawful for any person to distribute or cause to
be distributed, deposited, placed, thrown, scattered, or
cast any handbill upon any residential property or to go
upon any residential premises for the purpose of
commercial home solicitation; or commercial home
distribution; and ring the doorbell, knock upon the door or
create any sound for the purpose of attracting the
attention of the occupants of the residence if:
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a. Requested by anyone thereon not to do so; or
b. If there is placed on such premises in a conspicuous
place upon or near the main entrance to the residence,
a weatherproof sign, not less than three (3) inches by
four (4) inches in size bearing the words "no
trespassing," "no peddlers," "no advertisements," "no
solicitation," "no handbills," or any similar notice
indicating in any manner that the occupants of such
premises do not desire to have any such handbills left
upon their premises. The letters on such signs shall be
not less than two-thirds (2/3) of an inch in height.
5. It shall be unlawful for any person to employ, use, or
otherwise put into service, a child who is fifteen (15) years
of age or less to engage in a commercial home solicitation
or commercial home distribution, unless the child is
soliciting or distributing within 1,000 feet of the child’s
home, or the child is actively supervised by an adult at least
eighteen (18) years of age who is within one hundred (100)
feet of the child, or who has written consent from a parent
or legal guardian for a charitable purpose.
6. No person shall leave any unsolicited pamphlet, unsolicited
brochure, unsolicited flyer, unsolicited package, or
unsolicited printed advertisement at a residence at a place
further than five (5) feet from the front door of the
residence.
7. It shall be unlawful for any person to solicit, peddle, or
distribute on a residential property that is listed on the “do-
not-solicit list” as defined by this chapter.
B. DISPLAY OF IDENTIFICATION
1. The person(s) in charge of conducting commercial home
solicitation or commercial home distribution shall ensure
that all commercial home solicitors, or commercial home
distributors involved, possess on their person photo
identification, such as a valid driver license, or other valid
governmental identification that correctly identifies whom
the solicitor/distributor is and for whom the
solicitor/distributor is working.
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2. It shall be unlawful for any commercial home solicitor(s) or
commercial home distributor(s) to fail or refuse to show or
display such identification upon the request of any person.
3. It shall be unlawful for any commercial home solicitors or
commercial home distributors to engage in commercial
home solicitation or commercial home distribution without
having a copy of the permit in their possession, except
that where the person who will be peddling or soliciting is
fifteen (15) years of age or less.
a. Such person shall be supervised by a person who is
over the age of eighteen (18) years of age and who
shall obtain a license on behalf of the person to be
supervised.
4. The permit holder must ensure that the permit is properly
displayed while conducting peddling, commercial home
solicitation, or commercial home distribution activities.
a. Properly displayed shall mean attached or hung so that
the permit is clearly visible to the public and law
enforcement officials.
5. It shall be unlawful for any person to conduct themselves
as a commercial home distributor without wearing an
orange traffic safety vest.
C. SOLICITATION IN SELECTED PUBLIC RIGHT-OF-WAY
1. It shall be unlawful for any person to solicit or to distribute
handbills on, in, upon, or around any public right-of-way,
with or without a permit.
2. Employees of the City of Colleyville are hereby exempt
from the provisions of subsection 1 above, provided
approval is first obtained from the city manager or their
designee.
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D. SOLICITATION FOR PURPOSES NOT SET OUT IN THE
APPLICATION
1. It shall be unlawful for any commercial home solicitor to
solicit for a purpose other than that set out in the
application upon which the permit was issued.
IV. SOLICITATION PROHIBITED – HOURS
A. It shall be unlawful to solicit, peddle, or distribute on residential
property prior to 9:00 a.m. or after 4:30 p.m. of any day
Monday through Saturday, or any time on Sunday or any other
federally designated holiday.
1. This section shall not apply to a visit to the premises as a
result of a request or invitation made by the occupant,
invitation of the owner of the property, or a person
residing on the premises.
2. This subsection shall not apply to a visit if there is placed
on such premises in a conspicuous place upon or near the
main entrance to the residence, a weatherproof sign, not
less than three inches by four inches in size bearing the
words "solicitors welcome," "peddlers welcome," or any
similar notice indicating in any manner that the occupants
of such premises desire to have their home available for
commercial home solicitation and commercial home
distribution beyond the prohibited hours.
3. This subsection shall not apply to a visit to a residence that
is listed on the “Solicitor’s Welcome” list as defined by this
Chapter.
B. It shall be unlawful to solicit, peddle, or distribute on residential
property on any day where the Department of Homeland
Security has issued a formal alert regarding a specific or credible
terrorist threat resulting in an imminent or elevated threat level,
the chief of police may suspend any commercial home
solicitation or commercial home distribution activities until such
time that the threat level is rescinded. This section shall not
apply to a visit to the premises as a result of a request or
invitation made by the occupant, invitation of the owner of the
property or a person residing on the premises.
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V. DO-NOT-SOLICIT LIST
A. The city manager shall develop and maintain a list of residences
where commercial home solicitation is prohibited and such list
shall be referred to as the “do-not-solicit list.”
B. Any property owner or occupant may elect to add or remove his
or her residence to or from the do-not-solicit list through the
procedures developed by the city manager.
C. The city manager shall make the do-not-call list available on the
City’s website and to any person upon request.
D. The chief of police shall provide a copy of the do-not-solicit list to
each person issued a permit under this ordinance.
VI. SOLICITORS WELCOME LIST
A. The city manager shall develop and maintain a list of residences
where solicitation is welcome without regard to the time of day
or day of the week and shall be referred to as the “solicitors
welcome list.”
B. Any property owner or occupant may elect to add or remove his
or her residence to or from the solicitors welcome list through
the procedures developed by the city manager.
C. The city manager shall make the solicitors welcome list available
on the City’s website and to any person upon request.
D. The chief of police shall provide a copy of the solicitors welcome
list to each person issued a permit under this ordinance.
VII. ITINERANT VENDORS
A. REQUIREMENTS
1. It shall be unlawful to operate a mobile ice cream truck, or
any other itinerant street vendor vehicle in the City, and
no person who owns or controls a mobile ice cream truck
or itinerant street vendor vehicle shall permit it to be so
operated at any time, unless the driver of said vehicle shall
have first obtained, and shall then have in force, an
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itinerant street vendor permit, issued under the provisions
of this ordinance.
2. All permits shall be for specific time periods, dates, and
locations.
3. Mobile frozen dairy food vendors, mobile ice cream trucks,
or other itinerant vendor vehicles are permitted to vend in
an area for a short period of time and move to multiple
other locations, providing they do not remain at a location
for more than thirty (30) minutes, without specific
approval, as contained in the permit.
4. Sound equipment must be limited to music or human
speech and can only be used between 11:00 a.m. and
dusk each day.
5. Sound may not be broadcast within one hundred (100)
yards of schools, hospitals, churches, courthouses, funeral
homes, or cemeteries and shall meet all noise nuisance
provisions contained in the Colleyville Code of Ordinances.
Music must be played at a reasonably low volume while
the unit is stopped for vending. If the unit is stopped for
vending for more than ten (10) minutes, then music shall
be turned off.
6. A sign or decal that is visible at all times with the business
address and telephone number of the business permit
holder printed on the side of the vehicle in letters of not
less than two (2) inches in height.
7. Vehicles must be in good condition and have a current
safety inspection sticker from the Texas Department of
Motor Vehicles.
8. All itinerant vendors shall comply with all provisions of the
Colleyville Code of Ordinances and Colleyville Land
Development Code. Any itinerant vendor seeking to locate
at a stationary point for more than thirty (30) minutes
must also obtain a temporary use permit from the
Community Development Department.
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B. SAFETY EQUIPMENT FOR MOBILE ICE CREAM TRUCKS OR
OTHER VEHICLES VENDING FOOD PRODUCTS TO CHILDREN
1. Signs stating "WATCH FOR CHILDREN" or "SLOW
CHILDREN CROSSING" must be posted on the front, back,
and both sides of the vehicle in at least four (4) inch
letters of contrasting colors in distinctive lettering, which is
visible at three hundred (300) feet to the front and rear in
normal sunlight, upon a straight, level roadway, or
highway. Swing arms stating “Stop for Children” may be
used as an option on the side of the vehicle in lieu of the
signage with four (4) inch lettering.
2. A serving window capable of being closed when not in use
must be provided and located on the curbside only.
3. The vehicle must be provided with left and right outside
rear view mirrors, as well as two (2) additional outside
wide-angle mirrors on the front and back of the vehicle to
enable the driver, in his normal seated position, to see
around the entire vehicle and see the area in front of the
vehicle obscured by the hood. Rear mirrors shall not be
required if the vehicle is equipped with a no ride bumper.
4. All vehicles must have operable four-way, yellow, flashing
hazard lights to warn approaching drivers of children.
5. A rear bumper cover or a no ride bumper must be installed
to prevent children from standing or jumping on the rear
of the vehicle.
6. A trash receptacle to dispose of all litter that is generated
from products sold from the mobile ice cream truck,
mobile frozen dairy food vendor, or other itinerant street
vendor vehicle.
VIII. APPLICATION FOR PERMIT
A. COMMERCIAL HOME SOLICITATION
1. A person or organization seeking a permit for the purpose
of conducting home solicitation shall file an application with
the Police Department. The application shall contain the
following information:
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a. The full and legally recognized names and any
associated aliases, logos, nicknames, and abbreviated
names of the entity or person applying for a permit to
solicit;
b. Whether the person applying is an individual,
partnership, corporation, or association, and:
i. The business or residence address and telephone
number of the applicant;
ii. If a partnership, the names of all partners, the
principal business address, and telephone number
of each partner;
iii. If a corporation, the person applying shall state
whether it is organized under the laws of this
state, another state, or is a foreign corporation,
and must show the mailing address, business
location, telephone number, name of the
individual in charge of such corporation, and, if a
foreign corporation, the place of incorporation;
iv. If an association, the application shall show the
association's principal business address and
telephone number, if any, and shall show names
and principal business or residence addresses,
and telephone numbers of all members of the
association unless they exceed ten (10) in
number, in which case the application shall so
state and the person registering may alternatively
list the name and principal business or residence
addresses, and telephone numbers of the officers
and directors, or trustees of the association;
v. If the association is a part of a multi-state
organization or association, the mailing address
and business location of its central office shall be
given, in addition to the mailing address and
business location of its local office.
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c. The names, mailing address, and telephone number of
all individuals who will be in direct charge or control of
the solicitation;
d. The time period within which the solicitation is to be
made, giving the date of the beginning of solicitation
and its projected conclusion, and the specific
location(s);
e. A description of the methods and means by which the
solicitation is to be accomplished;
f. The type of merchandise to be sold or offered for sale
or the nature of the services to be furnished;
g. Whether such applicant, upon any such order so
obtained, will demand, accept, or receive payment, or
deposit of money in advance of final delivery;
h. A permit will not be issued if there is an affirmative
statement as to whether the applicant has ever been:
i. Convicted of, or pleaded nolo contendere, to a
misdemeanor involving fraud, theft,
embezzlement, burglary, fraudulent conversion,
or misappropriation of property within the
preceding ten (10) years, or convicted of, or
pleaded nolo contendere, to any felony;
ii. Found liable in a civil or administrative action in
which the complaint, or petition alleged fraud,
theft, embezzlement, fraudulent conversion,
misappropriation of property, or the use of untrue
or misleading representations in an attempt to
sell or dispose of property, or to obtain money or
a thing of value from another;
iii. Found liable under any law regarding the use of
unfair, unlawful, or deceptive business practices;
or
iv. Subject to an injunction or restrictive court order
relating to business activity as the result of an
action brought by a federal, state, or local public
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agency, including an action affecting a vocational
license.
i. The names of any cities where the applicant has worked
in the previous three hundred and sixty-five (365)
days;
j. Two full-face photographs of each applicant, two (2)
inches square;
k. A copy of a valid state tax sales certificate, if applicable;
l. An authorization to conduct a criminal background
check on the applicant;
m. Any other information, which the City deems necessary
for the administration of this ordinance.
2. The application must be signed by the applicant and
accompanied by a non-refundable application fee of
$15.00 and a permit fee of $50.00, if approved. Such
application shall also show satisfactory written proof of the
individual's authority to represent the company.
3. Information provided by applicant will be subject to
verification by the Police Department.
4. Failure to provide a complete and thorough application or
falsification of any part of the application shall be grounds
for the denial or revocation of a permit.
5. After review of the permit application and within ten (10)
business days of the receipt of the application, the chief of
police, or his designee, shall either issue a permit, as
provided in this ordinance, or notify the person applying
that the application does not comply with the requirements
of this ordinance, specifying why the application is
incomplete, or otherwise does not comply.
6. If the applicant is fifteen (15) years of age or less, a copy
of the parental consent form required by Section 51.0145
of the Texas Labor Code and the name, address, and
telephone number of all persons who will be responsible
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for supervising the activities of the applicant must be
provided.
7. A permit granted under this article shall be valid only until
the termination of the solicitation period specified in the
permit or for one hundred eighty (180) days, whichever is
less, but may be renewed once for one hundred eighty
(180) days, if made within the initial one hundred eighty
(180) day period of the original permit. Each application
for renewal must verify permit information as correct, and
provide copies of sales tax returns for the prior permit
period.
a. A permit renewal application shall be $25.00, if
submitted within one hundred eighty (180) days of the
original application.
B. COMMERCIAL HOME DISTRIBUTION
1. No person shall engage in a commercial home distribution
without having a valid, current permit issued under the
provisions of this ordinance by the chief of police. The
application shall contain the following:
a. The name, date of birth and mailing address of the
person(s) applying;
b. The name, mailing address and phone number of the
handbill sponsor and company organizing the
distribution of same;
c. The time period and locations within which commercial
home distributions will be made, including the proposed
beginning date, the projected date of conclusion, and
an estimate of how often the applicant will distribute
during the permit period;
d. A description of the methods and means by which the
commercial home distributions will be accomplished;
e. A description of the goods or services to be sold or
offered through the distribution;
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f. If the applicant is fifteen (15) years of age or less, a
copy of the parental consent form required by Section
51.0145 of the Texas Labor Code and the name,
address, and telephone number of all persons who will
be responsible for supervising the activities of the
applicant must be provided;
g. A permit will not be issued if there is an affirmative
statement as to whether the applicant has ever been:
i. Convicted of, or pleaded nolo contendere, to a
misdemeanor involving fraud, theft,
embezzlement, burglary, fraudulent conversion,
or misappropriation of property within the
preceding ten (10) years, or convicted of, or
pleaded nolo contendere, to any felony;
ii. Found liable in a civil or administrative action in
which the complaint or petition alleged fraud,
theft, embezzlement, fraudulent conversion,
misappropriation of property, or the use of untrue
or misleading representations in an attempt to
sell or dispose of property, or to obtain money or
a thing of value from another;
iii. Found liable under any law regarding the use of
unfair, unlawful, or deceptive business practices;
or
iv. Subject to an injunction or restrictive court order
relating to business activity as the result of an
action brought by a federal, state, or local public
agency, including an action affecting a vocational
license.
2. It shall be unlawful for any person to file an application for
a commercial home distribution permit that contains any
false statement of fact.
3. The names of any cities where the applicant has worked in
the previous three hundred and sixty-five (365) days.
4. The application for the permit must be signed by the
applicant and accompanied by a non-refundable
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application fee of $15.00 and a permit fee of $50.00, if
approved. Such application shall also show satisfactory
written proof of the individual's authority to represent the
company.
5. It shall be unlawful for any person to engage in a
commercial home distribution without carrying the permit
required by this ordinance, on his or her person, while so
engaged, or to display a permit issued in the name of
another person.
6. After review of the permit application and within ten (10)
business days of the receipt of the application, the chief of
police or his designee shall either issue a permit, as
provided in this ordinance, or notify the person applying
that the application does not comply with the requirements
of this ordinance, specifying why the application is
incomplete or otherwise does not comply.
7. A permit granted under this article shall be valid only until
the termination of the solicitation period specified in the
permit or for one hundred eighty (180) days, whichever is
less, but may be renewed once for one hundred eighty
(180) days, if made within the initial one hundred eighty
(180) day period of the original permit. Each application
for renewal must verify permit information as correct and
provide copies of sales tax returns for the prior permit
period.
a. A permit renewal application shall be $25.00, if
submitted within one hundred eighty (180) days of the
original application.
C. GROUP REGISTRATION (applies to Commercial Home
Distribution permits only)
1. A person may apply for a group registration applicable to
two (2) or more persons who desire to engage in
commercial home distributions.
2. The registration application shall contain all of the
information required herein for each person who will be
engaging in commercial home distributions under the
group registration.
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3. The application must be signed by a person responsible for
the group application and shall be accompanied by a non-
refundable application fee of $15.00 and an additional
permit fee of $15.00 for each person to be included under
the group application.
4. Provided that, if the applicant registers ten (10) or more
persons under a group application, the additional permit
fee shall be $10.00 per person. The applicant for group
registration shall provide each person distributing under
the applicant’s registration an identification badge to be
worn and displayed while the person is engaging in a
commercial home distribution.
D. ITINERANT VENDORS
1. Every driver or person desiring a permit to conduct sales
activity in the City as a mobile ice cream truck, mobile
frozen dairy food vendor, or other itinerant street vendor
shall make a written application therefore to the chief of
police. The application shall be made on a form approved
by the chief of police, accompanied by a non-refundable
$15.00 application fee and a $50.00 permit fee if
approved, and state the following:
a. Name, business address, and telephone number of
applicant;
b. Name, address, and telephone number of the person,
firm, or corporation the applicant is representing; the
agent or service of process of a corporation, and/or
name and address of any owner of a business not
incorporated, and the assumed name of said business
filed in the index in the county of its home office, for
any business;
c. Attached to the application shall be a certified original
copy of the sales tax permit issued by the comptroller
of the state;
d. Statement of the kind, type, and character of
solicitation and/or the goods that applicant will offer for
sale, and state whether the purchaser of such wares or
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goods shall be required to make any deposit or advance
payment of purchase price before delivery, and a
complete and full statement of the delivery date;
e. The period of time the applicant requests to sell or
solicit in the City;
f. Location or area of the City where sales activity will be
conducted;
g. List of all convictions of all felonies and misdemeanors
and violations of this article of applicant and
representatives, stating the offense, city and state, the
court of conviction, and the punishment imposed;
h. Name and phone number of three (3) character
witnesses for applicant who can be contacted within
forty-eight (48) hours;
i. If sales are to be conducted from one (1) or more
stationary locations, the applicant shall submit written
consent of the property owner, or its authorized agent
consenting to applicant's use of such private property
for sales activity indicated in the permit application;
j. Names of each employee, agent, or representative for
whom the applicant will sell, offer, exhibit, or solicit
orders for the sale of goods, wares, or merchandise for,
or on behalf of, the applicant;
k. The name of all cities in which the applicant has
conducted sales activity in the last three hundred sixty-
five (365) days.
2. No itinerant street vendor permit of any kind shall be
granted unless:
a. The applicant is at least eighteen (18) years of age, has
a valid state issued driver license;
b. The applicant has no active suspension on his or her
driving privileges in any state;
c. No permit shall be issued if the applicant has been
convicted of, or pleaded nolo contendere to, any felony.
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3. Before a permit is issued by the chief of police, or his
designee, the applicant will be required to furnish a policy
of liability insurance, in the amount of $250,000 per
incident. This policy must include a provision that the City
will be notified within thirty (30) days if this policy of
insurance is to be cancelled for any reason.
a. Cancellation of an insurance policy for a mobile ice
cream truck, mobile frozen dairy food vendor, or other
itinerant street vendor shall be an automatic revocation
of the permit issued to that mobile ice cream truck,
mobile frozen dairy food vendor, or other itinerant
street vendor.
b. Cancellation of an insurance policy for any company
that operates any mobile ice cream truck, mobile frozen
dairy food vendor, or other itinerant street vendor shall
be an automatic revocation of all City permits issued to
all mobile ice cream trucks, mobile frozen dairy food
vendors, or other itinerant street vendors operated by
that company.
4. Vehicles must be in good condition and have a current
safety inspection sticker from the Texas Department of
Motor Vehicles.
5. Any itinerant vendor handling or selling non-prepackaged
food must also possess a current Tarrant County Public
Health Department Food Handler Card. Proof of an annual
health department inspection shall be provided at the time
of permit application. The inspection shall be performed
by a registered sanitarian licensed in the State of Texas
and employed with a county or city health department in
the State of Texas.
6. When the application is approved, the mobile ice cream
truck, mobile frozen dairy food vendor, or other itinerant
street vendor’s permit shall be issued in card form. The
photograph of the driver shall be attached to the card.
a. Each driver will be given a mobile ice cream truck,
mobile frozen dairy food vendor, or other itinerant
street vendor permit number, which will be on such
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permit. This card shall be posted in a prominent place
in the mobile ice cream truck, mobile frozen dairy food
vendor, or other itinerant street vendor vehicle, and
shall be shown to any customer, police officer, or code
enforcement officer upon request.
b. A copy of the permit shall be posted in the mobile ice
cream truck, mobile frozen dairy food vendor, or other
itinerant street vendor vehicle at all times.
7. A permit granted under this article shall be valid for one
year – from between January 1 and December 31,
regardless of the date of application. Each application for
renewal must verify permit information as correct, and
provide copies of sales tax returns for the prior permit
period.
IX. EXEMPTION FROM PERMIT FEES
A. The permit fees shall not be required of charitable solicitations,
ordinary commercial travelers who sell or exhibit for sale goods,
wares, or merchandise to persons selling and dealing in the
same within the City, or individuals who file a statement with the
Police Department indicating their indigent status.
X. INVESTIGATION OF THE APPLICANT
A. In addition to all permit fees, each applicant for any type of
permit in this ordinance shall pay a non-refundable fee of $15.00
to cover the cost of conducting a criminal background check on
the applicant(s).
B. It shall be the duty of the chief of police, or his designee, to
investigate each applicant for a permit under this ordinance,
before issuance of such a permit based on a review of the
applicant's background.
XI. ISSUANCE, DENIAL, REVOCATION
A. The chief of police, or his designee, shall issue the applicant a
commercial home solicitation, commercial home distribution, or
itinerant vendor permit if the chief of police, or his designee
determines that the application has been fully and accurately
completed, the permit application fee has been paid, and that
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the applicant has satisfied each requirement of this ordinance. If
not, the chief of police, or his designee, may deny the permit.
B. A commercial home solicitation, commercial home distribution,
or itinerant vendor permit may be revoked if the chief of police
so determines that reasonable cause exists to believe that:
1. A statement of fact contained in the application was false
or materially misleading;
2. The permit holder has failed to comply with any of the
provisions of this ordinance;
3. Any of the conditions of this ordinance is, or has become
applicable, to the permit holder; or
4. The permit holder has engaged in a commercial home
solicitation or commercial home distribution that involves
the use of false, misleading, fraudulent, or deceptive acts.
C. The chief of police, or his designee, shall provide notice of the
revocation by certified mail, personal service, or courier-
receipted commercial delivery sent to the address provided on
the permit holder’s application.
D. The permit holder may appeal the denial or revocation of a
permit to the chief of police by filing a written notice of appeal
with the chief of police within ten (10) business days of delivery
of notice of the denial or revocation. The chief of police shall
render a decision on the appeal within five (5) business days of
the date of the receipt of the appeal. The decision of the chief of
police shall be final. A revocation shall remain in effect for a
period of one (1) year, during which time the permit holder may
not be issued another commercial home solicitation, commercial
home distribution, or itinerant vendor permit.
XII. EXEMPTIONS TO PERMITTING REQUIREMENTS
A. The following shall be exempt from the permitting requirements
of this ordinance:
1. Religious organizations exclusively for the distribution of
literature and other items for the purpose of proselytizing,
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provided that no fees are charged, and no donations are
solicited;
2. Anonymous political speech;
3. Charitable purpose;
4. The provisions of this ordinance shall not apply to sales
made under authority and by order of law, nor to persons,
or their authorized representatives, who have previously
established with the owners or occupants of such private
residences or property a regular business, trade, service,
or other contractual relationship;
5. Any operation, which is exempted by state or federal
statute from this ordinance, is exempt only to the extent of
such applicable exemption;
6. Any person claiming to be legally exempt from the
provisions of this ordinance, including the payment of the
permit, or investigation fee, shall make such a claim in
writing to the chief of police, citing the applicable statute
or authority, and providing proof of its applicability.
XIII. MISCELLANEOUS OCCASIONAL SALES OF NONFOOD ITEMS
IN RESIDENTIAL ZONES
Occasional sales, whether classified as garage sales, yard sales, or any other
display for sale of any other item not classified in this article in a
noncommercial zoned district, such as personal items; trucks, automobiles,
or tractors registered to a person residing on the premises; used household
items or furniture; or any other item not grown, harvested, manufactured,
processed, created, gathered, or otherwise produced on the premises, shall
be permitted for not more than ten days per year, per premises. No signs
shall be erected on property other than the location where the products are
sold, or services are conducted.
XIV. SALES ON PUBLIC RIGHT-OF-WAY PROHIBITED
No person may display products for sale or conduct the sale of products
anywhere within the public right-of-way. (Ord. No. 0-95-1014, § 3, 1-2-96)
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XV. TENTS AND TEMPORARY STRUCTURES
The erection of a tent or other temporary structure as a shelter for outdoor
display and sales of food products shall meet the following requirements:
(1) No tent or other temporary structure shall be erected within 20 feet of
any property line, building, or other tent.
(2) No tent or other temporary structure shall be erected in any fire lane,
dedicated access road, right-of-way, or dedicated easement.
(3) All tents and their appurtenances shall be securely roped, braced, and
anchored to withstand the elements of weather against collapse.
(4) All sections or parts of all tents shall be of flame-retardant material.
This shall include all floor coverings, bunting, decorations, side wall
coverings, and other effects.
(5) Smoking shall not be permitted, and no smoking signs shall be posted
at all entrance doors and where deemed necessary by the fire
marshal.
(6) No fireworks, open flame, nor any device emitting flame, or fire, or
creating a glow, shall be permitted, or used.
(7) Balloons or other similar devices that are filled with toxic, explosive, or
flammable gases shall not be permitted in, or adjacent to, any tent or
other temporary structure.
(8) All exits shall be in accordance with, and comply with, the
International Fire Code, as adopted by the City Council.
(9) All exit signs shall be in accordance with, and comply with, the
International Fire Code, as adopted by the City Council.
(10) Exit illumination shall be in accordance with, and comply with, the
International Fire Code, as adopted by the City Council.
(11) All weeds, grass, vegetation, or other flammable materials shall be
removed and not located within 30 feet of any tent, temporary
structure, or their appurtenances.
(12) Fire extinguishers shall be installed in accordance with, and comply
with, the International Fire Code, as adopted by the City Council.
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XVI. OUTDOOR DISPLAY AND SALES OF HOMEGROWN PRODUCE
IN RESIDENTIAL DISTRICTS
The display and sale to the general public of fruits, vegetables, and other
homegrown produce from private residences in noncommercial zoned
districts may be conducted during the normal growing and harvesting season
under the following restrictions:
(1) A temporary sign advertising the products sold may be erected on the
premises, in accordance with the sign code.
(2) Homegrown or home-produced food products may consist of, but are
not limited to, peaches, pears, apples, nuts, berries, eggs, tomatoes,
beans, peas, grapes, or products processed on the premises from food
items such as jams, jellies, preserves, candies, pies, juices, or any
other edible food product.
(3) Where fruits, vegetables, and other food items are to be displayed and
sold for more than nine months per year, a special use permit shall be
required in every zoning district.
XVII. PENALTIES
A. Any person violating any provision of this ordinance or failing to
observe any provisions of this ordinance shall have their permit
revoked immediately and will not be entitled to reapply for a
period of one (1) year from the date of the revocation. In the
event of such forfeiture of permit, no part of such permit fee as
may have been so paid shall be refunded to such person, and;
B. Any person, firm, or corporation violating any of the terms or
provisions of this ordinance shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine in a sum not
to exceed $500.00 for each offense, and a separate offense shall
be deemed committed each day during or on which a violation
occurs or continues.
1. In case of any willful violation of any of the terms and
provisions of this ordinance, the City, in addition to
imposing the penalties above provided, may institute any
appropriate action or proceeding in any court having
proper jurisdiction, to restrain, correct or abate such
violations; and the definition of any violation of the terms
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of this ordinance as a misdemeanor, shall not preclude the
City from invoking the civil remedies given it by the laws of
the state, but same shall be cumulative and subject to
prosecution as hereinabove prescribed for such violations.
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