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ORD 1987-18 - Pullers - In Prohibited - Prohibited Solicitation of Business From Pedestrians 08-11-1987ORDINANCE NO. 87 -18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING SECTION 15 -4.1, PULLERS -IN PROHIBITED, OF ITS CODE OF ORDINANCES; PROHIBITING SOLICITATION OF BUSINESS FROM PEDESTRIANS; PROHIBITING DISTRIBUTION OF COMMERCIAL HANDBILLS IN CERTAIN AREAS; PROVIDING A PENALTY OF UP TO $200 FOR EACH SEPARATE VIOLATION; AND MAKING OTHER PROVISIONS RELATED THERETO. 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 repeal of Section 15.4.1, Pullers -in prohibited, as presently constituted, and by the adoption of a new Section 15.4.1 that shall read as follows: Sec. 15.4.1. Pullers -in prohibited. (a) For purposes of this section, Walls area means that area bounded by 11th Street, University Avenue, 13th Street and Avenue H. (b) For purposes of this section, pedestrian means any person afoot on a public street or sidewalk. (c) A person commits an offense if he intentionally or knowingly occupies a public street, a sidewalk, a parking lot, or the entrance of any store or building in the Walls area and he (1) solicits any business from any pedestrian; (2) encourages, or entices, any pedestrian to enter any store or business; (3) yells or shouts to attract the attention of any pedestrian to a business; (4) distributes to a pedestrian any handbill advertising any store or business; or (5) carries or wears any banner, placard or advertisement for any store or business. (d) Nothing in this section shall be construed to prohibit the exercise of first amendment rights of any person to solicit sale of newspapers, political literature or evangelical literature. (e) Nothing in this section shall be construed to prohibit activities related to the Fair on the Square held the first Saturday in October. 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 Two Hundred Dollars ($200.00) 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. 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 days of final passage. This ordinance shall take effect ten (10) days after the date of final passage. PASSED AND APPROVED this day of APPROV AS TO FORM: S tt Bo nds, City Attorney 1987. THE CITY OF HUNTSVILLE By J ayor /