Loading...
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THAT: Section One: Section 13 -13, Chapter 13, of the Code of Ordinances of the City of Huntsville, Texas, is hereby repealed and in lieu thereof the following shall be codified and numbered as Section 13 -13, Chapter 13 of the Code of Ordinances of the City of Huntsville.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 2 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: 3 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. 6 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 f i ayor