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ORD 1992-22TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. O 92--22 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING REGULATIONS GOVERNING COMMERCIAL SOLICITORS, VENDORS, CHARITABLE ORGANIZATION SOLICITATIONS AND RELIGIOUS ORGANIZATION SOLICITATIONS; PROVIDING DEFINITIONS; REQUIRING A SOLICITATION PERMIT; PROVIDING AFFIRMATIVE DEFENSES TO THE PERMIT REQUIREMENT; REQUIRING AN APPLICATION FOR A PERMIT; REQUIRING A BOND IF THE APPLICANT FOR A PERMIT SHOWS THAT SUCH APPLICANT WILL RECEIVE, DEMAND, OR ACCEPT PAYMENT OR DEPOSIT OF MONEY IN ADVANCE OF FINAL DELIVERY OF GOODS, SERVICES, MERCHANDISE OR ANYTHING OF VALUE SOLD; PROVIDING FOR THE ISSUANCE OF A PERMIT CARD; PROVIDING FOR APPEAL FROM DENIAL OF REVOCATION OF PERMIT; PROHIBITING CERTAIN CONDUCT IN SOLICITING; PROHIBITING THE SALE OF FRESH OR FROZEN MEATS AND SEAFOOD ON PUBLIC PROPERTY; PROHIBITING THE SALE OF FRESH OR FROZEN MEATS OR SEAFOOD BY ITINERANT VENDORS WITHIN THE TOWN; PROHIBITING THE SOLICITATION OF OCCUPANTS OF VEHICLES ON PAVED SURFACE OR SHOULDER OF PUBLIC STREETS; PROHIBITING SOLICITATION AND THE ERECTION OF STRUCTURES ON PUBLIC PROPERTY; PROHIBITING NEWSPAPER AND PUBLICATION SALES ON MAJOR THOROUGHFARES WITHIN THE TOWN; DESIGNATING MAJOR THOROUGHFARES; REQUIRING A PERMIT FOR CHARITABLE SOLICITATIONS; PROVIDING FOR THE SUBMISSION OF AN APPLICATION FOR PERMIT; PROVIDING FOR APPEAL FROM A PERMIT DENIAL OR REVOCATION; REQUIRING THE FURNISHING OF PROPER CREDENTIALS BY PERMIT HOLDERS TO AGENTS AND SOLICITORS FOR CHARITABLE PURPOSES; PROHIBITING CERTAIN METHODS OF SOLICITATION BY CHARITABLE SOLICITORS; REQUIRING REGISTRATION BY SOLICITORS FOR RELIGIOUS PURPOSES; PROHIBITING CERTAIN METHODS OF RELIGIOUS SOLICITATION; REQUIRING SUPERVISION OF CHILD SOLICITORS; PROVIDING A SAVINGS CLAUSE; REPEALING IN ITS ENTIRETY ORDINANCE NO. 86-12 OF THE TOWN RELATING TO SOLICITATION AND PEDDLING EXCEPT TO THE EXTENT THAT ANY PROCEEDING HAS BEEN INITIATED PURSUANT TO THE SAID ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the "Town") is a duly incorporated municipality pursuant to article 11, Section 5 of the Texas Constitution and the general laws of the State of Texas; and WHEREAS, the Town Council possesses, pursuant to article 1016, Texas Revised Civil Statutes (Vernon), as amended, the exclusive control and power over the streets, alleys and public grounds and highways of the Town; and -1- WHEREAS, pursuant to article 1015(37), Texas Revised Civil Statutes (Vernon), as amended, the Town Council has the power and authority to license, tax and regulate or suppress and prevent peddlers; and WHEREAS, the Town Council has the power, pursuant to article 1031, Texas Revised Civil Statutes (Vernon), as amended, to require a license upon trades, professions, callings and other business carried on, including the occupation of hawker or peddler of goods or any article whatever; and WHEREAS, the Town Council hereby finds that there has been and continues to be an ever increasing amount of commercial, charitable and religious solicitation within the Town; and WHEREAS, the Town Council finds that the regulation of such solicitation is in the best interest of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. Definitions. In this ordinance: A. "Actively supervised" shall mean a supervisor shall be within one hundred (loo) feet of all children ten (10) years of age or less for whom the supervisor is responsible at all times when said children are engaged in soliciting. B. "Agent" means any person contracting with the holder of a permit secured pursuant to the terms of this ordinance to advertise, distribute or sell products under said permit. C. "Charitable solicitations campaign" shall mean any course of conduct whereby any person, organization, society, association, corporation or any agent, member or representative thereof shall solicit property or financial assistance of any kind, or sell or offer to sell any article, tag, service, emblem, publication, ticket, advertisement, subscription or anything of value on the plea or representation that such sale or solicitation or the proceeds therefrom are for a charitable, educational, patriotic or philanthropic purpose. D. "Goods or merchandise" means and shall be construed to mean any personal property of any nature whatsoever except printed material. E. "Itinerant vendor" means a person who engages in a business of selling goods or services from any structure or vehicle -2- which is not affixed to the ground, or from no structure or vehicle. F. "Mobile food unit" means a vehicle from which food is distributed or served to an ultimate customer. G. "Person" means an individual, corporation, association, church, organization, society or any other legal entity. H. "Public property" means any property open or devoted to public use or owned by the Town, including, but not limited to, sidewalks, streets, parkways, medians, right-of-way easements and parks. I. "Religious solicitation" and "solicitations for a religious purpose" shall mean and include any course of conduct whereby any person, organization, society, association or corporation, or any agent, member or representative thereof, solicits property or financial assistance of any kind or sells or offers for sale any article, tag, service, emblem, publication, ticket, advertisement, subscription or anything of value on the plea or representation that such sale or solicitation or the proceeds therefrom are for a religious purpose, on the streets, in any office building or any other public or private place, or by house-to-house canvassing. J. "Shoulder" shall mean the unpaved section of highway, road, or street in Trophy Club which is located in the public right-of-way and abuts the paved section of the highway, road or street and extends to the outside boundaries of the right-of-way. K. "Solicit" shall mean selling or attempting to sell goods or merchandise, services or anything of value, or to take or attempt to take orders for the future delivery of goods or merchandise, or anything of value, or take or attempt to take orders for services to be furnished or performed in the future when the solicitation occurs upon the premises of another or upon any public property. L. "Solicitation" shall mean the practice, act or instance of soliciting. M. "Solicitor" shall mean all persons, as well as their agents and employees, who solicit. N. "Vehicle" means every device in, upon, or by which a person or property may be transported or drawn upon a street or sidewalk, including but not limited to motor vehicles, carts, wagons, cars, trucks and vans. Section 3. Commercial solicitation. A. Permit „required. It shall be unlawful for a person to solicit in person in the Town without first having a written permit therefor. -3- B. Affirmative defenses to permit reguirement. The following shall be affirmative defenses to prosecution under Section 3.B. of this ordinance. (1) That the solicitation is for a charitable, educational, patriotic or philanthropic or religious purpose. (2) That the solicitor is on the property by express invitation of the person residing on or controlling such premises. (3) That the solicitor is a wholesale agent or factory representative who sells or exhibits for sale goods, wares or merchandise and was soliciting a person or persons engaged in the business of buying, selling and dealing in the same type of goods or merchandise. (4) That the solicitor was operating under a license granted by a state agency or the Town of Trophy Club authorizing the sale of property or services which the solicitor wishes to sell in the Town of Trophy Club. (5) That the person was soliciting newspaper sales or sales of other printed matter. (6) That the solicitation takes place upon the premises owned, leased or controlled by the solicitor or by his empower. C. Application for permit. (1) Any person and any agent of any person desiring to solicit within the Town shall file a written application for a permit to do so with the Town Secretary, which application shall show: (a) The name and address of the applicant; if the applicant is an association, company or corporation, then it shall state its name along with the names of the persons who will be soliciting in the Town; (b) The name and address of the employer or firm which such applicant represents; (c) If the applicant is a corporation, or if the individual is employed by a corporation, the date and place of incorporation; (d) The names of other communities in which the applicant has worked as a solicitor in the past twelve (12) months; and if he was employed by a different company in the other communities, the names of those companies shall also be stated; (e) The nature of merchandise to be sold or offered for sale or the nature of the services to be furnished; -4- (f) Whether such applicant upon any such order so obtained will demand, accept or receive payment or deposit of money in advance of final delivery; (g) The period of time such applicant so wishes to solicit, sell or take orders in the Town; (h) An outline of the method or methods to be used in conducting the solicitations; (i) A physical description of the applicant which includes race, sex, height, weight, hair and eye color, date of birth, driver's license number and the name of the state issuing the driver's license; and (j) Whether the applicant or any agent of the applicant has been convicted within the last five (5) years of murder, burglary, theft, fraud, robbery, rape, or any drug- related felony. (2) Such application shall also show satisfactory proof of the applicant's authority to represent the company or individual such applicant states that he represents, and it shall be in writing. (3) This application shall be accompanied by a ten dollar ($10.00) fee an no permit hereunder shall be issued until such fee has been paid by the applicant. (4) A permit requested under this ordinance shall be issued for the length of time requested, not to exceed twelve (12) months. Upon expiration of one permit, the solicitor may apply for a new permit in the same manner prescribed by this section for a new permit. (5) The Town Secretary shall refer the application to the police department for the purpose of determining whether or not the applicant or any of the applicant's agents have been convicted within the last five (5) years of murder, burglary, fraud, theft, robbery, gape or any drug-related felony. D. Issuance ofpermits; bond required. (1) Where the applicant for a permit to solicit within the Town shows that the applicant will not demand, receive or accept payment and/or deposit of money in advance of final delivery of such goods, merchandise or services to be sold and/or solicited by such applicant, it shall be the duty of the Town Secretary to issue to such applicant a permit to solicit, sell and take orders for such goods, merchandise, and/or services set out in such applicant's application within five (5) working days (Monday through and including Friday) of the completion of the application and upon the payment of the ten dollar ($10.00) fee unless it has been determined that the application contains false information or the person has been convicted within the last five (5) years of -5- murder, theft, fraud, burglary, robbery, rape or a drug-related f elony. . (2) If the application for such permit shows that such applicant shall receive, demand or accept payment and/or deposit of money in advance of final delivery of goods, merchandise, services or anything of value sold, then such application shall be accompanied by a bond in the penal sum of one thousand dollars ($1,000.00) for an individual permit executed by such applicant as principal and a surety company licensed to do business as such in Texas. Such bond is to be conditioned upon making final delivery of such goods, merchandise, services or anything of value in accordance with the terms of such order and/or orders obtained and which bond shall be used for the benefit of all persons, firms or corporations who may pay in advance or make any advance deposit on the purchase of said orders and said bond shall so stipulate in its terms. (3) If the application contains false information or the person has been convicted within the last five (5) years of murder, theft, fraud, burglary, robbery, rape or a drug-related felony, the Town secretary shall not issue the permit. D. Permit card. (1) Along with every individual permit issued under the provisions of this ordinance, the permittee shall be issued a card which shall be wallet size and contain the following information. Name of permittee, permit number, date of expiration of permit and the signature of the Town Secretary. Such card shall be stamped with the seal of the office of Town secretary on the face thereof. (2) It shall be unlawful for any person to solicit in the Town without having the required permit card on his person. (3) It shall be unlawful for any person soliciting to fail or refuse to show or display such permit card upon the request of any person demanding the same. E. Appeal from denial or revocation of permit. Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the Town Council by submitting a letter to the Town Secretary's office within ten (10) days of the action complained of. A hearing on the denial will then be scheduled for the next regular meeting of the Council. The Council will render a decision on the appeal within ten (10) days of said hearing. F. Prohibited conduct. It shall be unlawful for a person engaged in solicitation to: (1) Misrepresent the purpose of the solicitation; (2) Misrepresent the affiliation of those engaged in the solicitation; (3) Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or buy anything from that solicitor; (4) Represent the issuance of any permit or registration under this ordinance as an endorsement or recommendation of the solicitation; (5) Go on property upon which the owner of the property or the person controlling the property has posted signs prohibiting solicitation; or (6) Remain on property after the owner of the property or person controlling the property has instructed the solicitor to leave. G. Sale of fresh or frozen meats and seafood rohibited on Public property. It shall be unlawful for any person to peddle, solicit, sell, offer for sale or exhibit for sale fresh or frozen meats or frozen seafood upon any public property within the Town. H. Sale of fresh or frozen meats or seafood by itinerant vendors prohibited. (1) It shall be unlawful for any itinerant vendor to peddle, solicit, sell, offer for sale or exhibit for sale fresh or frozen meats or seafood within the limits of the Town of Trophy Club. (2) It shall be an affirmative defense to Section 3.H.1. if the solicitor is a wholesale agent, factory representative or other person who sells or exhibits for sale fresh or frozen meats or seafood and was soliciting persons engaged in the business of buying and selling fresh or frozen meats and said solicitation does not occur on public property. I. Unlawful to solicit occupants of vehicle, on paved surface or shoulder of Public streets. (1) It shall be unlawful for any person to solicit the occupant of any vehicle located upon the paved surface or shoulder of any public street, highway or road within the Town. (2) It shall be an affirmative defense to prosecution under Section 3.1.1. if the solicitation was for the sale of newspapers or publications or other printed material which deal with the dissemination of information or opinion; however, this defense is not available if said solicitation occurred upon the paved surface or shoulder of those major thoroughfares listed in section 3.L. -7- J. Unlawful to solicit or to erect structures on public Property. (1) It shall be unlawful for any person to occupy any public property in the Town, including but not limited to public right-of- way, public street median or public sidewalk, for the purpose of soliciting. (2) It is an affirmative defense to prosecution under this section if a person engaged in soliciting: (a) Possesses a contract with the Town to operate a concession on designated areas of public property; or (b) Possesses a vendors permit for prepared frozen dairy food products or frozen desserts to be sold from a mobile food unit on the streets and which unit remains in the same place no more than five (5) minutes and then moves on to a new location after each sale; however, this defense is not applicable to the sale of prepared frozen dairy food products or frozen desserts to be sold from a mobile food unit or otherwise upon the major thoroughfares listed in Section 3.L.; or (c) Is selling, distributing or offering for sale only printed matter on streets, sidewalks or rights-of-way other than those major thoroughfares listed in Section 3.L.; or (d) Is operating a vehicle for hire pursuant to a franchise, license or permit of the Town of Trophy Club or State of Texas; or (e) Has been granted permission by agreement approved by the Town Council. (3) It shall be unlawful for any person to erect, construct, build, place or maintain any booth, stand or other structure, or vehicle, either permanent or temporary upon any public property, including, but not limited to, public right-of-way, public street median or public sidewalk with the intent of soliciting from such structure or vehicle. It shall be an affirmative defense to prosecution under Section 3.J.3. if: (a) The coin-operated newspaper vending machine is located upon public sidewalks and does not create a hazard to pedestrians or vehicular traffic; or (b) The person possesses a contract with the Town to operate a concession on designated areas of public property; or (c) The person has been authorized to do so at a special event by the Town Council; or -8- (d) The person possesses a vendor's permit for prepared frozen dairy food products or frozen desserts to be sold from a mobile food products or frozen desserts to be sold from a mobile food unit on the streets and which unit remains in the same place no more than five (5) minutes and then moves on to a new location after each sale; however, this defense is not applicable to the sale of prepared frozen dairy food products or frozen desserts to be sold from a mobile food unit or otherwise upon those major thoroughfares listed in Section 3.L. K. Newspaper -and publication sales. It shall be unlawful for any person to sell or offer for sale or to give newspapers or publications to any occupant of any vehicle which is located in a traffic lane or shoulder of any of the major thoroughfares set forth in Section+3.L. L. Mal -or thoroughfares. The rights-of-way, highways, roads and streets and the intersections where other rights-of-way, highways, roads and streets intersect the rights of way, highways, roads and streets enumerated in Exhibit "A", attached hereto and incorporated herein for all purposes, are declared to be major thoroughfares within the limits of the Town of Trophy Club for purposes of this chapter. Section 4. Charitable Solicitations. A. Permit required• exceptions. (1) It shall be unlawful to conduct any charitable solicitations campaign in any office building or any public or private place or by house-to-house canvass, unless the person, organization, society, association or corporation conducting same and responsible therefor shall first have obtained a permit in compliance with the terms of this section. (2) Affirmative defenses. The permit requirement of this section shall not apply to: (a) Any organization which solicits funds solely from its own members or from its own assemblies, not using public streets or public places for such purposes; (b) Any public or private school located in Trophy Club which controls the solicitation of funds by parent -teacher association organizations and the solicitation of funds by other activity groups which may be sponsored by the public school or by an association or club whose primary purpose is to sponsor certain student and parent activities for the benefit of such association, club or activity; (c) Any solicitation for the benefit of an individual or family that has suffered a personal tragedy resulting from personal injury, illness or the loss of housing; and (d) Any solicitations campaign conducted through the use of television or radio as to those activities directly related to the use of television or radio. B. Same --Application; information to be contained. (1) A permit to conduct a charitable solicitations campaign on the streets or in any public place or by house--to-house canvass in the Town shall be granted upon application of such permit filed in duplicate with the Town Secretary's office not less than five (5) working days (Monday through and including Friday) prior to the initiation of the proposed charitable solicitations campaign. If the application is mailed to the Town Secretary's office, it must be received five (5) working days (Monday through and including Friday) prior to initiation of the proposed campaign. Such application shall be sworn to by the applicant and shall contain at least the following information: (a) The full name of the organization applying for a permit to solicit and the address of the headquarters in the Town; if the organization is a chapter or other affiliate of an organization having its principal office outside the Town, the name and address of the parent organization. (b) The names and addresses of all officers and directors or trustees of the organization and the name and city of residence of all officers, directors or trustees of the parent organization, if any. (c) The purpose or purposes for which the gross receipts derived from such solicitations or other activities are to be used. (d) The name of the person or persons by whom the receipts of such solicitation shall be disbursed; if the receipts are transmitted to a parent organization for further disbursement, detailed information on the methods of handling and disbursement of all funds and a detailed and complete financial statement of the parent organization for the last preceding fiscal year. (e) The name and address of the person or persons who will be in charge of conducting the charitable solicitations campaign and the names of the persons who shall actually solicit contributions. (f) A physical description of the applicant which includes race, sex, height, weight, hair and eye color, date of birth, driver's license number and the name of the state issuing the driver's license. -10- (g) Whether the applicant or any agent of the applicant has been convicted within the last five (5) years of murder, burglary, theft, fraud, robbery, rape, or any drug- related felony. (h) An outline of the method or methods to be used in conducting the charitable solicitations campaign. (i) The period within which such charitable solicitations campaign shall be conducted, including the proposed dates for the beginning and ending of such campaign. (j) The total amount of funds proposed to be raised. (k) The amount of all salaries, wages, fees, commissions, expenses and costs to be expended or paid to anyone in connection with such campaign, together with the manner in which such wages, fees, commissions, expenses and costs are to be expended, and the maximum percentage funds collected which are to be used to pay such expenses of solicitation and collection. (1) A full statement of the character and extent of the charitable, educational, patriotic or philanthropic work done by the applicant within the Town during the last preceding year. (m) If the applicant is a charitable corporation or other organization to which contributions are tax deductible for federal income tax purposes. (2) A fee of ten dollars ($10.00) must be submitted with the application unless the applicant can prove indigency or inability to pay, in which case arrangements may be made to pay the requisite fee in installations. (3) The Town Secretary shall refer the application to the police department for the purpose of determining whether or not the applicant or any of the applicant's agents have been convicted within the last five (5) years of murder, burglary, fraud, theft, robbery, rape or any drug-related felony." C. Issuance of permit. Upon receipt of a proper application, the Town Secretary shall issue a permit unless she determines that: (1) One or more of the statements made in the application are not true; (2) The applicant or person in charge of the charitable solicitations campaign has made or caused to be made false statements or misrepresentations to any member of the public with regard to the charitable solicitations campaign or other activities described in the permit, or has made or caused to be made false -11- statements or misrepresentations in the application, or has in any way publicly represented that the permit granted hereunder is an endorsement or recommendation of the cause for which the charitable solicitations campaign is being conducted or has otherwise violated any of the terms of the permit or this ordinance; or (3) The applicant or person or persons who are actually to solicit contributions have been convicted of murder, burglary, fraud, robbery, theft, rape or a drug-related felony within the last five (5) years preceding the filing of the application. D. Duration of permit. A permit issued under this section shall be for a one-year period. At the end of that time, the applicant may apply for an extension of the permit on a form supplied to him by the Town Secretary's office. This form may require the submission of the same information that was required in the original application, or only portions of that information. E. Appeal from permit denial or revocation. should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the Town Council by submitting a letter to the Town Secretary's office within ten (10) days of the action complained of. A hearing on the denial will then be scheduled for the next regular meeting of the Council. The Council will render a decision on the appeal within ten (10) days of the hearing. F. Agents and solicitors for permit holders. All persons to whom permits have been issued under this section shall furnish proper credentials to their agents and solicitors for such charitable solicitations campaign. Such credentials shall include the name of the permit holder, the date, a statement describing the holder's charitable, educational, patriotic or philanthropic activity, a description of the purpose of the solicitation, the signature of the permit holder or of the holder's chief executive officer and the name, address, age, sex and signature of the solicitor to whom such credentials are issued and the specific period of time during which the solicitor is authorized to solicit on behalf of the permit holder. No person shall solicit under any permit granted under this ordinance without the credentials required by this section and a facsimile copy of the permit in his possession. The credentials and facsimile copy of the permit shall be shown, upon request, to all persons solicited and to any police officer of the Town. -12- G. Responsibilitv for acts of solicitors. The recipient of a permit for a charitable solicitations campaign shall be responsible for the acts of his authorized representatives in connection with such campaign. H. Certain methods of solicitation prohibited. The following methods of solicitation are and shall be prohibited within the Town: (1) It shall be unlawful for any person to solicit charitable contributions in the right--of-way or upon the paved portion or the median of any major thoroughfare listed in Section 3.L. (2 ) It shall be unlawful for any person to stop or attempt to stop any vehicle which is located upon the paved surface or shoulder of any public road, street or highway for the purpose of soliciting a charitable contribution. (3) It shall be unlawful for any person to obstruct a public sidewalk while soliciting for a charitable contribution. Section 5. Reli ions Solicitation. A. Registration requirement. (1) It shall be unlawful to conduct any religious solicitations in any office building or any public or private place, or by house-to-house canvass unless the person and religious organization conducting religious solicitations shall first have registered with the office of Town Secretary in compliance with this section. (2) It shall be an affirmative defense to prosecution under this section if a person, organization, society, association or corporation conducting a religious solicitation obtains a charitable permit in compliance with Section 4 of this ordinance or a commercial permit in compliance with Section 3 of this ordinance. B. Form of registration. (1) A religious solicitor required to register hereunder shall first register in person with the Town Secretary's office giving the following information: (a) Name of registrant and his permanent address; (b) Name of the person, organization, society, association or corporation the registrant represents and the telephone number and address of its principal office; (c) Duration and location of the proposed solicitation; -13- (d) Method or methods to be used in conducting the solicitations; and (e) Approximate number of participants. (2) Registration expires after one year and must be renewed annually. If a change occurs in any of the information submitted with the registration, the registrant or organization shall notify the Town Secretary's office of the change as soon as possible. C. Registration card. (1) Any person who solicits for a religious purpose and is required to register under this section, or though not required to register is soliciting for a religious purpose by house-to-house canvass, on the streets, or sidewalks or other public passageway, or in any other public place open to the general public, shall carry a registration card issued by the Town while engaged in that religious solicitation. must: (2) The registration card required by subsection (1) above (a) Be furnished by the applicant in a form approved by the Town Secretary; (b) Identify the name of the person, organization, society, association, or corporation represented as registered with the Town Secretary; and (c) Contain the statement "Religious solicitations" or "Religious Solicitor". D. Certain methods of solicitation prohibited. The following methods of religious solicitation are and shall be prohibited within the Town: (1) It shall be unlawful for any person to solicit religious contributions in the right -of --way or upon the paved portion or the median of any major thoroughfare set forth in Section 3.L. (2) It shall be unlawful for any person to obstruct any public sidewalk within the Town when soliciting a religious contribution. Section b. Child Solicitors. A. Supervision of child solicitors. It shall be unlawful for any person to use children ten (10) years of age or younger for commercial solicitation, charitable solicitation or religious solicitation purposes unless said children are actively supervised by an adult person at least -14- eighteen (18) years of age who is permitted or registered, depending upon the type of solicitation. Section 7. Savings; Repealer. This Ordinance shall be cumulative of all other ordinances of the Town affecting the solicitation or peddling within the Town and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. _86-12 is hereby repealed in its entirety, such repeal to take effect as of the effective date of this Ordinance, but provided however that any complaint, action, cause of action, claim or proceeding which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to the said repealed Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No. 86-12 shall be deemed to remain and continue in full force and effect. Section 8. Severabilitv. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto, any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. Penalty. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Five Hundred Dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 10. This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 15th day of Decemb4 , 1992. ATTEST: i Tow Secre ry, Town of Trophy Club, Texas [SEAL] -15- , Towh ofArophy Club, Texas APPROVED AS TO FORM: Town tt rn , Town of Trophy Club, Texas -16-