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ORD 1983-05 - Regulating SolicitorsORDINANCE NO. 83-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REGULATING SOLICITORS, CANVASSERS, HAWKERS, PEDDLERS, ETC.; PROHIBITING ANY PERSON FROM SOLICITING DOOR TO DOOR WITHOUT A CERTIFICATE OF REGISTRATION; PROVIDING A PENALTY OF UP TO $200; PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Sec. 13 -13, Solicitors, Hawkers, Etc., as presently constituted and, by the adoption of a new Sec. 13 -13, that Shall read as follows: Sec. 13 -13. Solicitors, canvassers, hawkers, peddlers, etc. - -Going in or upon private residences without invitation. (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, ware,rherchandise, service, photographs or magazines; or 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; or c. Seeking to obtain prospective customers for application or purchase of real estate lots, cemetery lots or other real property; or d. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or 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, oc- cupied for residential purposes by one or more persons, con- tained 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 certificate is in the possession of the solicitor. (b) Certificate or 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 certificate of registration as hereinafter provided. (c) Application for Certificate of Registration. An application for certificate of registration shall be made upon a form provided by the city secretary of the City of Huntsville. The applicant shall provide the following information and truthfully answer the follow- ing questions: (1) Name, present residence address, permanent address and tele- phone number of applicant. (2) Physical description of applicant, including age, height, weight, color hair and eyes. (3) Business address and business telephone of applicant. (4) Name, permanent address, and telephone number of company represented. (5) Name, address and telephone number of a contact person at employer's permanent address. (6) Purpose of permit. (7) Proposed dates of solicitation. (8) Has the applicant 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 city secretary of the City of Huntsville shall receive all applications which shall be numbered in consecutive order beginning in January of each calendar year. The city secretary shall submit a copy of the application 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 twenty -four (24) hours, any information which may or might be available concerning the applicant. Negative reports shall also be required. (2) After the passage of one complete working day after the date an application 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. (3) If the city secretary determines that any question on the appli- cation has been answered falsely, then in that event, the cer- tificate of registration shall not be issued and the applicant shall be so informed and given, in writing, the reason for nonissuance. (e) Revocation of certificate. Any certificate of registration issued under this section 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 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 registra- tion under the terms of this section. Immediately upon such revo- cation, the city secretary shall give a 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 repre- sented by the holder of such certificate as shown on the application. 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. (f) Appeal. Any person whose certificate of registration is denied or, once issued, is then revoked, may appeal such denial or revo- cation by giving written notice to the city secretary within twenty - four (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. (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 two (2) days in any three -month period, • • shall make application to the city secretary 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 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 solicitation commences and when same is terminated. (i) A person commits an offense if, while soliciting, he intentionally refuses to show his certificate of registration to a peace officer or citizen who requests the information. (j) A person commits an offense if he intentionally or knowingly makes a false material statement in his registration application. Section 2: Any person, firm or corporation violating any provision 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 ($200.00) dollars 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 provi- sion 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 provi- sion 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 pro- visions 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: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Secretary is hereby ordered to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Huntsville at least twice within ten (10) days after the passage of this ordinance. • • PASSED UNANIMOUSLY FIRST READING THIS 11th day of January , 1983. PASSED SECOND READING THIS day of , 1983. APPROVED THIS 11th day of January , 1983. ATTEST: uth DeShaw, City Secretary APPROVED AS TO FORM: 2,4)61 Scott Bounds, City Attorney THE CITY OF HUNTSVILLE By WILLIAM V. NASH, MAYOR