HomeMy WebLinkAboutOrd 1765 - door-to-door soliciting
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Ordinance No. 1765
AN ORDINANCE RELATING TO DOOR-lO-DOOR SOLICITING AND
ADVERTISING; AMENDING THE CODE OF ORDINANCES OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council has received a report and recommendation from
the Police Department regarding door-to-door soliciting and advertising; and
WHEREAS, the City Council finds and determines that regulation of door-to-door
solicitation and advertising is necessary to help prevent fraud and criminal activity by
unscrupulous persons;
WHEREAS, the City Council further finds and determines that people should be
able to protect their own homes from unwanted intrusions and clutter, and they should
be able to prevent their homes from being UflaggedU in a way that would indicate to
potential thieves, burglars and vandals that the occupants are away; and
WHEREAS, the City Council further finds and determines that the amended
regulations adopted by this Ordinance are the best and least-restrictive means of
achieving those objectives, at this time;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. The City Council finds and determines that the matters set out in the
preamble are true and correct and adopts them. The Code of Ordinances of the City of
West University Place is hereby amended as shown in Appendix A, which is attached to
this ordinance and made part hereof for all purposes~
Section 2. All ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of the conflict only.
Section 3~ 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,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4~ 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 discussedf 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. The City Council officially finds, determines and
declares that sufficient notices of the joint public hearing were given, and the City
Council ratifies, approves and confirms such notices, including the contents and the
method in which they were givenA
Section 5. This ordinance shall become effective on the tenth day following its
publication as provided in the City Charter.
ONSIDERED, PASSED AND APPROVED on first reading on
. ~ ,;?(9c) y
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
CONSIDERED, PASSED AND APPROVED on second reading, AND SIGNED,
on ~ /-2- l ~y(
Councllmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Signed:
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'Chief of Police
Appendix A
Sec. 15.011. Door-to-door soliciting and advertisin2.
(a) Definitions. In this section, "col111nercial soliciting" includes going to the entrances of private
residences in the City, not having been requested or invited to do so by an owner or occupant of said
private residences, for the purpose of seUing, offering to se"1 I or advertising any goods or service, in
exchange for lTIOney or other thing of value and either: (i) knocking or ringing a doorbell to attract the
attention of the occu pants, or (i i) attaching or leav ing advertis ing 111aterials i 11 or u pan the porch or other
part of the bui Iding (except "in a postal service receptacle or other receiving place for slIch itenlS
designated by the owner or occupant of the residence).
(b) Registration. It shall be unlawful for any person 14 years of age or older to engage in
COlllJnercial soliciting without first registering as required by this subsection. A person Inay register at
the pol ice dispatcher's office at any tilne (24 hours per day). To register, a perSOlllTIllst present positive
identification, fill-out a registration fonn provided by the pol ice departlnellt and sign it. The fo:nn 11111st
inc lude:
(1) The registrant's natne, current residence address and any other residence
addresses for the preced i ng five years;
(2) A brief description of the proposed C01l1111ercial soliciting, including the goods or
services to be sold, offered or adveltised~
(3) The nanle, address and telephone l1l11nber of the registrant's eJnployer and any
affi Hated organization~ with an ind ication of the registrant's authority to act for
tl1 elTI.
(4) The dates and tinles when the cOllllnercial solicitation wi 11 occur, which ll1U5t be
within 30 days of the date of the current registration~ (A person Inay re-register
at any time.)
(5) The addresses where the cO"lnnlercial sol icitation wi II occur, j nclud ing at least
street nan1es and block nUl11bers.
(6) An acknowledgn1ent that the registrant has received a copy of this section and
understands it.
ill An acknowledglnent that the registrant has received the current list of addresses
where the residents have indicated that C01TIlnercial sol iciting is not welC01l1e
(this list is referred to belo\v as the "do-not-disturb list").
(c) Specific prohibitions. It shall be unlawful for any person to engage in cOlll1uercial soliciting
as follows:
(1) on any day before 9:00 &-GG-A"M or after 8:00 PM; or
(2) at any residence after the person has fair notice that C0111111ercial sol iciting is not
welcolne at that residence.
Cd) Fair notice; do-no/-disturb list~ signs. Fair notice, as 111entiolled above, ll1ay be given by any
Ineans reasonably designed to advise a person that c0l11lnercial sol"iciting is not welconle. Such notice
lnay be given orally, in writing or by a sign. A person is presluned to have fair notice that soliciting is
not welcolne at a residence~
ill if the address of that residence appears on the do-not-disturb list received bv that
person at the tinle of registration.. as provided above: or
(2) where there is a sign Ineeting these criteria: (i) the sign says "no sol"icitors;" (ii)
it is pi ai 11 ly legi b Ie by persons with l10rnlal eyes ight stand ing at the principal
entrance to the residence, and (i ii) it is affixed within 12 inches of the doorbell,
door kno b or latch of the outer door (or gate) at the prine i pal entrance.
Either +J.H.s preSlllnption is rebllttable~