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ORD 1985-10 - Police Chief SolicitationORDINANCE NO. 85-10 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, DESIGNATING THE POLICE CHIEF AS SOLICITOR'S ADMINISTRATIVE AUTHORITY; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Sectionl: Section 13 -13 of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended to read as follows: Sec. 13 -13. Solicitors, canvassers, hawkers, peddlers, etc. (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, wares, merchandise, service, photographs or magazines; 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; c. Seeking to obtain prospective customers for application or purchase of real estate lots, cemetery lots or other real property; d. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; 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, occupied for residential purposes by one or more persons, contained within any type of building or structure. Registered solicitor shall mean and include any person who has obtained a valid certificate of registration as herein- after provided, which certificate is in the possession of the solicitor. (3) • • (b) Certificate of registration. Every person desiring to engage in soliciting, as hereinabove defined, 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 for certificate of registration. 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 and truthfully answer the following questions: (1) Name, present residence address, permanent address and telephone number of the applicant; (2) Physical description of the applicant, including age, height, weight, color hair and eyes; (3) Business address and business telephone number of the applicant; (4) Name, permanent address, and telephone number of the company represented; (5) Name, address and telephone number of a contact person at the employer's permanent address; (6) Purpose of permit; (7) Proposed dates of solicitation; (8) Whether the applicant has 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 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 twenty -four (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) 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. • • (e) Revocation of certificate. 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 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 appli- cation. 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. 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 twenty -four (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. (f) (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 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 (5) 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. (i) (j) Refusal to show certificate of registration. A person commits an offense if, while soliciting, he intentionally refuses to show his certificate of registration to a peace officer or citizen and when same is terminated. False material statement in registration application. A person commits an offense if he intentionally or knowingly makes a false material statement in his registration application. N • • • Section 2: This ordinance shall take effect immediately upon its passage by the City Council. PASSED AND APPROVED on this the ,ez,r, day of VpARLIAR y , 1985. ATTEST: APPROVED AS TO FORM: Scott Bounds, City Attorney THE CITY OF HUNTSVILLE, TEXAS By Wi jr—lts iam V. Nash, Mayor