ORD 1985-10 - Police Chief SolicitationORDINANCE NO. 85-10
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS,
DESIGNATING THE POLICE CHIEF AS SOLICITOR'S
ADMINISTRATIVE AUTHORITY; AND MAKING OTHER PROVISIONS
RELATED THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Sectionl: Section 13 -13 of the Code of Ordinances of the City of
Huntsville, Texas, is hereby amended to read as follows:
Sec. 13 -13. Solicitors, canvassers, hawkers, peddlers, etc.
(a) Definitions
(1) Soliciting shall mean and include any one or more of the
following activities, when done by any person going from
door to door or house to house, or by any person causing or
employing another to go from door to door or house to house:
a. Selling goods, wares, merchandise, service, photographs
or magazines;
b. 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;
c. Seeking to obtain prospective customers for application
or purchase of real estate lots, cemetery lots or other
real property;
d. Seeking to obtain subscriptions to books, magazines,
periodicals, newspapers and every other type or kind of
publication;
e. Seeking to obtain gifts or contributions of money,
clothing or any other valuable things; or
f. Placing an advertisement or handbill on or in a house
for the purpose of acquainting the resident with any
business, organization or religion.
(2) House 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.
Registered solicitor shall mean and include any person who
has obtained a valid certificate of registration as herein-
after provided, which certificate is in the possession of
the solicitor.
(3)
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(b) Certificate of registration. Every person desiring to engage in
soliciting, as hereinabove defined, within the corporate limits
of the city is hereby required to make written application to the
police chief for a certificate of registration, as hereinafter
provided.
(c) Application for certificate of registration. An application for
a certificate of registration shall be made upon a form provided
by the police department. The applicant shall provide the
following information and truthfully answer the following
questions:
(1) Name, present residence address, permanent address and
telephone number of the applicant;
(2) Physical description of the applicant, including age,
height, weight, color hair and eyes;
(3) Business address and business telephone number of the
applicant;
(4) Name, permanent address, and telephone number of the company
represented;
(5) Name, address and telephone number of a contact person at
the employer's permanent address;
(6) Purpose of permit;
(7) Proposed dates of solicitation;
(8) Whether the applicant has ever been convicted of a violation
of the law of the grade of felony;
(9) Driver's license number, if any, and state.
All statements made by the applicant upon the application or in
connection therewith shall be under oath.
(d) Processing and issuance of certificates.
(1) The police chief shall receive all applications, which shall
be numbered in consecutive order beginning in January of
each calendar year. The police department shall review the
application upon receipt and, within twenty -four (24) hours,
any information which may or might be available concerning
the applicant.
(2) After the passage of one complete working day after the date
an application is submitted to the police chief, and if the
police chief 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.
(3) If the police chief determines that any question on the
application has been answered falsely, then in that event,
the certificate of registration shall not be issued and the
applicant shall be so informed and given, in writing, the
reason for nonissuance.
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(e) Revocation of certificate. Any certificate of registration
issued under this section shall be revoked by the police chief if
the holder of the certificate is convicted of a violation of any
of the provisions of this section, 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
certificate otherwise becomes disqualified for the issuance of a
certificate of registration under the terms of this section.
Immediately upon such revocation, the police chief shall give
written notice 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 repre-
sented by the holder of such certificate, as shown on the appli-
cation. Upon the mailing of such notice, said certificate of
registration for such individual shall be deemed revoked, and
thereafter such person shall not be entitled to solicit.
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
twenty -four (24) hours of such denial or revocation. Thereafter,
the city council shall hear the appeal at its next scheduled
meeting and either uphold or reverse the action of the police
chief.
(f)
(g) Term of certificate. All certificates of registration shall be
for a period of six (6) months, except for special certificates
as provided in this section.
(h) Special certificate of registration. Persons who wish to engage
in soliciting, as defined in this section, for a period of time
less than five (5) hours in any three -month period, shall make
application to the police chief upon the application form
furnished, and in addition to the information 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 -month period. The
person or organization responsible for such special solicitation
shall advise the police department when such solicitation
commences and when same is terminated.
(i)
(j)
Refusal to show certificate of registration. A person commits an
offense if, while soliciting, he intentionally refuses to show
his certificate of registration to a peace officer or citizen and
when same is terminated.
False material statement in registration application. A person
commits an offense if he intentionally or knowingly makes a false
material statement in his registration application.
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Section 2: This ordinance shall take effect immediately upon its passage
by the City Council.
PASSED AND APPROVED on this the ,ez,r, day of VpARLIAR y , 1985.
ATTEST:
APPROVED AS TO FORM:
Scott Bounds, City Attorney
THE CITY OF HUNTSVILLE, TEXAS
By
Wi jr—lts
iam V. Nash, Mayor