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Home My WebLink AboutOrd 1717 - door-to-door solicitation """, Ordinance No. 1717 AN ORDINANCE RELATING TO DOOR-lO-DOOR SOLICITATION; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY~ WHEREAS, the City Council has received a report from the Police Department regarding door-to-door solicitation; and WHEREAS, the City Council finds and determines that some regulation of door- to-door solicitation is necessary to help prevent fraud and criminal activity by unscrupulous persons; and WHEREAS, the City Council further finds and determines that individuals should be able to protect their own homes from unwanted intrusions and clutter, and they should be able to prevent their homes from being Uflagged" in a way that would indicate to potential thieves or burglars that the occupants are out of town; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The findings and determinations set out in the preamble of this Ordinance are officially adopted, and the Code of Ordinances of the City of West University Place, Texas is hereby amended as follows: (1) Section 15~011 (entitled uPeddlersj Hawkers, Vendors") is amended to read in its entirety as set out in Appendix A, which is attached and made a part of this ordinance. (2) Subchapter A of Chapter 3 (entitled uHandbillsu and including Sections 3~016, 3.017 and 3~018) is repealed. Section 2" This Ordinance applies from and after the Effective Date. Any violations committed before the Effective Date are governed by the ordinances in effect immediately before the Effective Date C~Prior Ordinances"). The Prior Ordinances are continued in effect for this purpose~ Section 3. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 4~ If any word! phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clausej sentencej paragraph, section or other part of this Ordinance to any other (00. persons or circumstances, shall be affected thereby. Section 5" The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action~ The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 6. The public importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that this Ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared. This Ordinance is accordingly passed as an emergency measure and . shall take effect on the tenth day following its publication, as provided in the City Charter ("Effective Date"). PASSED AND APPROVED on ~~ /d- , :u:o ~ Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Recommended: c 0802 54 0 sol icitation Exhibit A Sec~ 15.011. Peddling, ha"C,YI{inb, ,rendint;; Door-to-door solicitin~~ (a) Prollibltions Definitions. In tllis sectioll, "commercial solicitillg" il1clu,d.es tIle pr3ctice sf going in 3Jld UpOll to the entrances of private residel1ces ill the City by solicitors, peddlers, ha~~lfl(ers, itiller:Jllt merchants, or tral1sient 'I;/elldors of Inerch3.udise, 110t l1aving been requested or invited to do so by ~ all owner or occupant of said private resid.ences, for the pllrpose of selling, offering to sell or advertisil1g allY goods or service, in excllange for lTIOl1ey or other t11ing of value and eitller: (i) lmocking or rillging a doorbell to attract tIle attentioll of tIle occllpal1ts, or (ii) attacllil1g or leaving advertising materials in or upon tIle porch or other part of tile building (except ill a postal service receptacle or otller receivil1g place for suell itellls designated by tile owner or occupant of tile residence). soliciting orders for tile sale of goods, 'yaTeS 311d merChalldise 311d/or disposing of al1d/or peddlinf; or 11~l\vkinb the same is declared to be a . l1uisance atld. punisl1able as a luisdemeanor. (b) Re~istration. Exccptfo,f1S. This section shall not 3.pply to farlners or dailJTlnen ~.vI1o sell prodllcts raised or produced b)' tllelTI on tlleir Q'fVn farms or dairies, nor to ChllTclles, ser\,ice clubs, boy scouts, girl scouts, campfire girls, or n011profit tax exempt or~anizations, nor to members or represe11tati-ves of 311Y of SllCll gro~lps or org311izatiol1S, \Vllen actinb as representati'les tllereof. It s11all be unlawflll for allY person 14 years of age or older to el1gage ill com.mercial solicitillg witll0l1t first registerillg as required by tllis subsection. A persol11nay register at tIle police dispatcller's office at any time (24 110urs per day)~ To register, a person illllst present positive idelltificatiol1, fill-out a registratiol1 [orin provided by tIle police departmel1t and sign it~ The form must inclu.de: ill The registrant's name, currel1t residellce address and allY otller residence addresses for the preceding five years; ill A brief descriptiol1 oft11e proposed coml11ercial soliciting~ includillg tile goods or services to be sold, offered or ad.vertised.~ ill Tile l1alne., ad.dress and telephone number of tIle registral1t's em.ployer al1d any affiliated organization, witll an illdication of the registrant's allthority to act for them. ill Tile dates and tilues wllel1 the cOlnmercial solicitatioll will ocellI, wIliell l11USt .be witllin 30 days of the date of tIle current registratiol1. (A perSOll l11ay fe-register at allY til11e.) ill The addresses where tIle cOlnmercial solicitation will occur~ illclu.ding at least street names and block llllmbers. @ An ackllowledglnent tllat tIle registraJlt l1as received. a co.py of this section al1d llnderstands it. (c) Specific prohibitions. It sllall be unlawnll for allY person to ellgage ill con1111ercial solicitil1g as follows: ill ill 011 aI1Y day before 8:00 AM or after 8:00 PM~ or at any residel1ce after tIle persol111as fair .notice t11at cOlnnlercial soIicitil1g is not welcolne at tllat residence. (d) Fair notice;si~ns. Fair notice, as Inelltioned above~ may be give.n by any luea11S " I reasol1ably desiglled to advise a person tllat commercial soliciting is 110t welcolne~ Such 110tice Inay be given. orally, in writil1g or by a Si.gl1~ A perSOll is presu1l1ed to 11ave fair 110tice t11at soliciting is 110t welconle at a residel1ce wllere tllere is a Sigl1 meetillg tllese criteria: (i) tIle Sigl1 says "no solicitors~" (i) it is plai11ly legible by persons with nOflnal eyesigllt standillg at the principal entrance to the resid.ence, and (ii) it is affixed witllill 12 inclles of tIle doorbell, door knob or late}l of tIle outer door (or gate) at tIle principal el1trance~ This preslunption is rebll.ttable~