ORD CC 03/15/77 - Solicitor prohibitionORDINANCE NO. 77 -2
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE AMENDING
CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE BY
REPEALING THE PRESENT SECTIONS 13 -13 ENTITLED SOLICITORS, HAWKERS,
ETC'. AND CREATING A NEW SECTION 13 -13 PROVIDING FOR REGISTRATION OF
SOLICITORS, ISSUANCE. OF A CERTIFICATE OF REGISTRATION UPON APPLICA-
TION, GROUNDS FOR DENIAL AND REVOCATION OF CERTIFICATES, APPEAL AND
PENALTY FOR VIOLATION OF THE TERMS OF SAID ORDINANCE, AND CONTAINING
OTHER PROVISIONS INCIDENT THERETO;
WHEREAS there exists in the City of Huntsville, Texas, the practice by
vendors, salesmen, solicitors, canvassers and information gatherers of going
from door to door or house to house to make contact with the residents and
dwellers therein; and, whereas, residential areas are targets for criminal
and mischievious conduct directed at unoccupied dwellings, vacancy of which
may be determined by persons obtaining no response to door to door inquiries,
which conduct of the criminal and vandal element harm and inhibit legitimate
vendors, salesmen and solicitors because of the general suspicion of such
unknown persons; and, whereas the City Council of the City of Huntsville,
Texas, has determined after due investigation and through experience, that
the public safety and welfare can best be served by requiring all persons
wishing to engage in any door to door or house to house sales, solicitations,
advertising, or any other organized activity involving uninvited door to door
or house to house contact with the occupants, to register with the City Secretary
of the City of Huntsville, Texas, in order that the Department of Public Safety
of said City shall at all times be informed of persons so engaged and that such
registration will effectively act as a crime prevention and control procedure
for the benefit of the public welfare;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS THAT:
Section One: Section 13 -13, Chapter 13, of the Code of Ordinances of the City
of Huntsville, Texas, is hereby repealed and in lieu thereof the following
shall be codified and numbered as Section 13 -13, Chapter 13 of the Code of
Ordinances of the City of Huntsville. Such new sections shall be as
follows:
Solicitors
Section 1: Definition: The following definitions shall apply when such
words are used within this Ordinance:
1. Soliciting shall mean and include any one or more of the following
activities when done by an individual going from door to door or
house to house or by anyone causing or employing another to go from
door to door or house to house:
a. Seeking to obtain orders for the purchase of goods, wares,
merchandise, food stuffs, or services of any kind, character,
or description whatever, for any kind of consideration whatever;
or
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b. Seeking to obtain prospective customers for application or
purchase of real estate lots, cemetery lots, or other real
property; or
c. Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type or kind of publication; or
d. Seeking to obtain gifts or contributions of money, clothing, or
any other valuable things for a project of or the support or benefit
of any organization or corporation, or charitable or non - profit
association or corporation; or
e. The placing of advertisement on or in a residence for the purpose
of acquainting the resident with any business, organization or
religion.
2. Residence shall mean and include every separate living unit occupied
for residential purposes by one or more persons, contained within any
type of building or structure.
3. Registered Solicitor shall mean and include any person who has obtained
a valid certificate of registration as hereinafter provided which certi-
ficate is in the possession of the solicitor and prominently displayed
for identification purposes on his or her person while engaged in
soliciting.
4. Solicitor shall mean and include anyone who engages in soliciting.
Section 2: Certificate of Registration
Every person desiring to engage in soliciting as hereinabove defined
within the corporate limits of the City of Huntsville, Texas, is hereby
required to make written application to the City Secretary for a Certifi-
cate of Registration as hereinafter provided. When such application is
submitted for processing, the applicant shall also submit three head and
shoulder type photographs of a size not larger than 2" X 2 ". One copy of
such photograph shall be attached to the registration card upon issuance,
one copy shall be attached to the application for filing in the office of
the City Secretary, and one copy shall be attached to the application to be
filed in the office of the Department of Public Safety. The registration
certificate to be issued shall be pinned, affixed, or otherwise displayed
on the person of the solicitor at all times while such person is engaged
in soliciting. Such registration certificate shall be of a size of 4" X 5"
and shall be substantially as follows:
Solicitor's Name:
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Permit No.:
CITY OF HUNTSVILLE, TEXAS
SOLICITOR'S REGISTRATION
BY:
(SEAL)
City Secretary
VALID: to
(This Permit Does Not Constitute
Endorsement of Product or Person
By the Huntsville City Council.)
Solicitor's Age , Ht._, Wt._, Hair ,Eyes
Permanent Address:
Permanent Telephone:
Company Representing:
Permanent Contact at Company:
Company Address
Solicitor's Signature:
Section 3: Application for Certificate of Registration
An application for a Certificate of Registration shall be made upon a
form provided by the City Secretary of the City of Huntsville. The applicant
shall truthfully answer the following questions:
a. Name and present residence address of applicant. If not permanent,
permanent address also. Telephone number.
b. Physical description of applicant including age, height, weight,
color of hair and eyes.
c. Business address of applicant and business telephone.
d. Name and permanent address of company represented.
e. Name and address of contact person at employer's permanent address.
f. Purpose of permit.
g. Term required for certificate.
h. Has the applicant ever been convicted of a violation of the law
of the grade of felony.
i. Drivers license number and state.
All statements made by the applicant upon the application or in
connection therewith shall be under oath.
Section 4: Processing and Issuance of Certificates
The City Secretary of the City of Huntsville shall receive all applica-
tions which shall be numbered in consecutive order beginning in January of
each calendar year. The City Secretary shall submit a copy of the applica-
tion, together with the photograph of the applicant, to the Department of
Public Safety to be kept by that department for informational purposes. The
Department of Public Safety shall review the application upon receipt and
shall furnish the City Secretary within 24 hours any information which may
or might be available concerning the applicant. Negative reports shall also
be required.
After the passage of one complete working day after the date an applica-
tion is submitted to the City Secretary, and if the City Secretary has no
evidence that answers to the questions on the application are other than as
stated on the application, then said Certificate of Registration shall be
issued to the applicant with the seal of the said City imprinted thereon at
its issuance.
If the City Secretary determines that any question on the application
has been answered falsely, then in that event, the Certificate of Registra-
tion shall not be issued and the applicant shall be so informed and the
reason for non - issuance.
Section S: Revocation of Certificate
Any Certificate of Registration issued under this Ordinance shall be
revoked by the City Secretary if the holder of the Certificate is convicted
of a violation of any of the provisions of this Ordinance, or has made a
false material statement in the application, which material statement is
learned after the issuance of such Certificate, or the holder of the Certi-
ficate otherwise becomes disqualified for the issuance of a Certificate of
Registration under the terms of this Ordinance. Immediately upon such revo-
cation, the City Secretary shall give written notice thereof to the director
of the Department of Public Safety of the City of Huntsville, and to the
holder of the Certificate in person or by certified United States Mail
addressed to his or her residence address as listed on the application, and
by a duplicate copy of such notice to the permanent representative of the
company represented by the holder of such Certificate as shown on the
application. Upon the mailing of such notice, said Certificate of Registra-
tion for such individual shall be deemed revoked and thereafter such person
shall not be entitled to solicit.
Section 6: Appeal
Any person whose Certificate of Registration is denied or once issued
is then revoked, may appeal such denial or revocation by giving written
notice to the City Secretary within 24 hours of such denial or revocation.
Thereafter, the City Council of the City of Huntsville shall hear the
appeal at its next scheduled meeting, and either uphold or reverse the
action of the City Secretary.
Section 7: Term of Certificate
All Certificates of Registration shall be for a period of six (6)
months except for special permits and Certificates as provided in this
Ordinance.
Section 8: Special Certificate of Registration
Persons or organizations who wish to engage in soliciting as defined
in this ordinance for a period of time less than five (5) hours in any two
days in any three (3) month period shall make application to the City
Secretary upon the application form furnished and in addition to the infor-
mation requested thereon shall attach a roster of persons (if more than the
applicant) who will engage in soliciting on such special occasion of less
than five (5) hours duration in any one three (3) month period. The sub-
mission of photographs for all solicitors in such circumstances shall not
be required provided that each of the persons intending to engage in solici-
ting shall personally appear at the office of the Department of Public Safety
and register with such department by signing their usual signature opposite
the name of such person as listed on the application made to the City Secre-
tary. The City Secretary shall furnish applications to the Department of
Public Safety in the same manner as under a normal registration certificate.
Additionally, the person or organization responsible for such special
solicitation shall advise the Department of Public Safety when such solici-
tation commences and when same is terminated.
Section 9: Processing Fee
A fee of $25.00 shall be collected for each application processed
by the City Secretary for the purpose of defraying the expense of regis-
tration and processing applications. Such fee is not refundable and is
due at the time the application is made for a Certificate of Registration.
Section 10: Removal from Premises
As provided above, all solicitors shall prominently display at all
times while soliciting the Certificate of Registration provided for by
this Ordinance. Any solicitor who is requested to leave the premises
by the resident or occupant thereof shall do so immediately upon such
request and the failure to immediately leave the premises upon request
shall be deemed a' violation of this Ordinance.
Section 11: Penalty
Any person, firm, corporation or association of persons, including
nonprofit, religious, benevolent, and profit organizations, who shall
fail to comply with the terms of this Ordinance shall, upon conviction,
be deemed guilty of a Class C Misdemeanor and shall be punished as
provided in Section 1 -8 of the Code of Ordinances of the City of Huntsville,
Texas.
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Section 12: Partial Invalidity
The invalidity of any section or individual paragraph of any
portion of this Ordinance shall not affect the remainder of said
Ordinance.
PASSED on this ti
council in Huntsville, Texas.
(SEAL)
y of 1 ) )ii
BY:
LAY v il/�u�tT /(ec, r
uth De haw, City Secretary
APPROVED AS TO FORM
Martin D. Colley
City Attorney
THE CITY OF HUNTSVILLE
/, ,// lfir.) t; P�
orris I. Waller,
, 1977, in open
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ayor