ORD 1987-18 - Pullers - In Prohibited - Prohibited Solicitation of Business From Pedestrians 08-11-1987ORDINANCE NO. 87 -18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING SECTION 15 -4.1, PULLERS -IN
PROHIBITED, OF ITS CODE OF ORDINANCES; PROHIBITING
SOLICITATION OF BUSINESS FROM PEDESTRIANS; PROHIBITING
DISTRIBUTION OF COMMERCIAL HANDBILLS IN CERTAIN AREAS;
PROVIDING A PENALTY OF UP TO $200 FOR EACH SEPARATE
VIOLATION; AND MAKING OTHER PROVISIONS RELATED THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: Chapter 15, Streets and Sidewalks of the Code of Ordinances of the
City of Huntsville, Texas, is hereby amended by the repeal of Section
15.4.1, Pullers -in prohibited, as presently constituted, and by the
adoption of a new Section 15.4.1 that shall read as follows:
Sec. 15.4.1. Pullers -in prohibited.
(a) For purposes of this section, Walls area means that area
bounded by 11th Street, University Avenue, 13th Street and
Avenue H.
(b) For purposes of this section, pedestrian means any
person afoot on a public street or sidewalk.
(c) A person commits an offense if he intentionally or
knowingly occupies a public street, a sidewalk, a parking lot, or
the entrance of any store or building in the Walls area and he
(1) solicits any business from any pedestrian;
(2) encourages, or entices, any pedestrian to
enter any store or business;
(3) yells or shouts to attract the attention of
any pedestrian to a business;
(4) distributes to a pedestrian any handbill
advertising any store or business; or
(5) carries or wears any banner, placard or
advertisement for any store or business.
(d) Nothing in this section shall be construed to prohibit
the exercise of first amendment rights of any person to solicit
sale of newspapers, political literature or evangelical literature.
(e) Nothing in this section shall be construed to prohibit
activities related to the Fair on the Square held the first
Saturday in October.
Section 2: Any person, firm, or corporation violating any provisions of
this Ordinance or failing to comply with any requirement of this
Ordinance will be guilty of a misdemeanor and subject to a fine of up to
Two Hundred Dollars ($200.00) upon conviction. Each day during or upon
which said person shall violate or continue violation of any provision
of this Ordinance or non-compliance with any requirement of this
Ordinance shall constitute a distinct and separate offense. The
violation of any provision of this Ordinance or the failure to comply
with any requirement of this Ordinance shall each constitute a distinct
and separate offense.
Section 3: If any section, subsection, sentence, clause, phrase or portion of
this Ordinance is for any reason held invalid or unconstitutional, such
portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect any of the remaining provisions of
this Ordinance.
Section 4: All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency and
in all other respects this ordinance shall be cumulative of other
Ordinances regulating and governing the subject matter covered by this
Ordinance.
Section 5: The City Secretary is hereby directed to cause the caption of this
Ordinance to be published at least twice within ten days of final
passage. This ordinance shall take effect ten (10) days after the date
of final passage.
PASSED AND APPROVED this
day of
APPROV AS TO FORM:
S tt Bo nds, City Attorney
1987.
THE CITY OF HUNTSVILLE
By
J
ayor
/