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ORD 2013-30 - Amending Ch 32 ORDINANCE NO- 20 AN ORDINANCE AMENDING THE CITY OF HUNTSVULkE, TEXAS CODE OF ORDINANCES, CHAPTER 32 "OFFENSES AND MISCELLANEOUS PROVISIONS"; PROVIDING FOR A PENALTY; MAKING OTHER PROVISIONS AND FINDINGS THERETO;AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Huntsville Code of Ordinances, Chapter 32 "OFFENSES AND MISCELLANEOUS PROVISIONS" provides for the regulation of certain activities such as peddling, solicitation and panhandling health, safety and public welfare of the City's residents: WHEREAS, the City of Huntsville, asa home rule city may regulate this activity pursuant to its broad powers of self-government; and WHEREAS,City Council finds it necessary to amend its existing regulations of these activities tn protect the health and public safety; now therefore WHEREAS,the City Council of the City of Huntsville,Texas now wishes to amend Chapter 32 to help promote the health, safety and welfare of its residents; WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting the same at the place reserved and designated for notices ofpublic meetings and public activities and prior tothe adoption of this ordinance. BE!T ORDAINED BY THE CITY COUNCIL OF THE CITY OFHUNTSV|LLE,TEXAS,that: SECTION 1`: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified,and confirmed. SECTION 2: Huntsville Code of Ordinances Chapter 32 ''OFFENSES AND MISCELLANEOUS PROVISIONS" is herebyammendedbyrep|acinQSecdon3I'33"Dnor'to-doorso|icitors, havvkers,etc., of Article |i with the Section 32-33 "Door-to-door solicitors, hawkers, panhandlers, etc."that is attached hereto as Exhibit"A". SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. S8CJ]{}y 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof,other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5: This Ordinance, being a penal ordinance, becomes effective ten (10)days after its date of passage by the City Council,as provided by Article 4.14 of the Charter of the City of Huntsville,Texas. First Reading Date: June 18,2013 � n � P^�SSE|0��hl���uPP0����Egumthe Second Reading an this,the 2 �day nf July, ZO13. THE CITY OFHUNTSV|LkE Mac Woodward,Wayor ATTMT: APPR AS TO FORM: Dy dward, cityy secre ary ALerd chneider,City Attorney EXHIBIT"A" Chapter 32 - OFFENSES AND MISCELLANEOUS PROVISIONS Sec. 32-33. - Door-to-door solicitors, hawkers, panhandlers, etc. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: House means and includes every separate living unit, occupied for residential purposes by one or more persons, contained within any type of building or structure. Registered solicitor means and includes any person who has obtained a valid certificate of registration as hereinafter provided, which certificate is in the possession of the solicitor. Soliciting means and includes 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: (1) Selling goods, wares, merchandise, service, photographs or magazines; (2) 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; (3) Seeking to obtain prospective customers for application or purchase of real estate lots, cemetery lots or other real property; (4) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; (5) Seeking to obtain gifts or contributions of money, clothing or any other valuable things; or (6) Placing an advertisement or handbill on or in a house for the purpose of acquainting the resident with any business or organization. Panhandling means seeking through a communication with another person, whether by gesture or verbally, funds, goods, food, personal favors (such as trips, transportation, clothing, or other), drink, lodging, vehicle fare, or any other purpose to directly benefit an individual or his family members. Panhandler means any person who engages in the act of panhandling as defined above. This term does not include itinerant vendors, merchants, or peddlers as defined in Section 32-34 of this Chapter. Public Place means a street, sidewalk, park, or other places that are open to the public. (b) Certificate of registration—Required. Every person desiring to engage in soliciting 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. 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: (1) The name, present residence address, permanent address and telephone number of the applicant; (2) A physical description of the applicant, including age, height, weight, color hair and eyes; (3) The business address and business telephone of the applicant; (4) The name, permanent address, and telephone number of the company represented; (5) The name, address and telephone number of a contact person at the employer's permanent address; (6) The purpose of the permit; (7) The proposed dates of solicitation; (8) Whether the applicant has ever been convicted of a violation of the law of the grade of felony; (9) The applicant's 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. (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 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) The Police Chief may refuse to issue a permit or may revoke a certificate of registration in accordance with the procedures established by this Code, for any of the following reasons: (a) 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; (b) The applicant has been convicted of a felony or misdemeanor involving a sex offense, trafficking in controlled substances, burglary, theft, or any violent acts against persons or property, within five years preceding the date of application; (c) A civil judgment for fraud, deceit, or misrepresentation was entered against the applicant within five years preceding the date of application; (d) A violation of the prohibitions listed in this article. (e) Prohibitions. (1) It is unlawful for a person to solicit an occupant of a residential dwelling: (a) Without first obtaining a certificate of registration issued by the city; (b) Between the hours of 8:00 p.m., or when sunset occurs, and 9:00 a.m.; (c) At a location other than the primary entrance to the residence. (2) It is unlawful for any person other than the person listed on the certificate to use or wear any certificate of registration or badge issued under the provisions of this article. (f) Revocation. 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 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 registration for such individual shall be deemed revoked, and thereafter such person shall not be entitled to solicit. (g) 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 shall hear the appeal at its next scheduled meeting and either uphold or reverse the action of the police chief. (h) Term. All certificates of registration shall be for a period of six months, except for special certificates as provided in this section. (i) Special. Persons who wish to engage in soliciting, as defined in this section, for a period of time less than five 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 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. Refusal to show. A person commits an offense if, while soliciting, the person intentionally refuses to show his certificate of registration to a peace officer or citizen and when same is terminated. (k) False material statement in application. A person commits an offense if the person intentionally or knowingly makes a false material statement in his registration application. (1) Panhandling. A person commits an offense if the person engages in the act of panhandling, in a public place within the corporate city limits of Huntsville, as defined in this section.