ORD 1983-38 - SolicitationsORDINANCE NO. 83-38
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, PROHIBITING PULLERS-IN; PROHIBITING
SOLICITATION OF BUSINESS FROM PEDESTRIANS BY ANYONE ON A
CITY STREET OR SIDEWALK; PROHIBITING THE DISTRIBUTION OF
CERTAIN COMMERCIAL HANDBILLS ON PUBLIC PROPERTY; MAKING
OTHER PROVISIONS RELATED THERETO; PROVIDING A PENALTY OF
UP TO $1,000.00 A DAY FOR CERTAIN VIOLATIONS, PROVIDING
REPEALING AND SAVINGS PROVISIONS, AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
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 adoption of
a new Section 15-4.1, Pullers-in Prohibited, that shall read as
follows:
Section 15-4.1. Pullers-in Prohibited.
A person commits an offense if he, intentionally or knowingly, at any
time Monday through Friday, occupies a city street or sidewalk to
(a) solicit any business from any pedestrian;
(b) encourage or entice any pedestrian to enter any store or business;
(c) distribute any commercial handbill of business advertising for
any store or business;
(d) carry or wear a banner, placard, or advertisement for any store
or business;
(e) Nothing in this section shall be construed to prohibit the
exercise of first amendment rights of any person to solicit sales
of newspapers, political literature, or evangelical literature,
or to encourage participation in religious services.
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 One Thousand Dollars ($1,000.00) 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.
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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 (10) days.
This ordinance shall take effect ten (10) days after the date of final
passage.
PASSED UNANIMOUSLY FIRST READING this 20th day of September 1983.
PASSED SECOND READING this day of
APPROVED this 20th day of September , 1983.
THE CITY OF HUNTSVILLE
ATTEST:
APPROVED AS TO FORM:
8€4414,4d%--
Scott Bounds, City Attorney
, 1983.