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ORD 2014-15TOWN OF TROPHY CLUB, TEXAS TOWN ORDINANCE NO. 2014-15 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES, ENTITLED "PUBLIC SAFETY", BY REPEALING SECTION 4.05, ENTITLED "APPROVED TIMES FOR SOLICITATION" OF ARTICLE IV, ENTITLED "PEDDLERS AND SOLICITORS" AND ADOPTING A NEW SECTION 4.05 REGULATING APPROVED TIMES FOR SOLICITATION; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club ("Town") is a home rule municipality acting under its Charter, the Texas Constitution and the laws of the State of Texas; and WHEREAS, the Town currently regulates home solicitation and distribution on private property in a manner to promote good order and protect citizens and non -citizens, while at the same time maintaining the First Amendment right to communication through that medium; and WHEREAS, the Town has endeavored to protect the health, safety, and welfare of the public from negative impacts associated with soliciting and distribution; and WHEREAS, the regulation of door-to-door solicitation serves the Town's interest in preventing crime and protecting the privacy of its citizens; and WHEREAS, the Town's efforts to protect its citizens have included a curfew on soliciting and distribution, and such curfew has played an important role in the Town's overall safety plan; and WHEREAS, the Town Council finds that unanticipated visit by a stranger on citizens' doorsteps is capable of causing fear or suspicion or anxiety; and WHEREAS, the Town Council finds that curfew regulations limiting the hours and days when a person may solicit, peddle, or distribute on private property are necessary to prevent undue annoyance of and alarm to its residents, to protect the sanctity of citizens' homes, and are necessary to prevent ORD 2014-15 Page 1 of 4 crime to property and persons as well as to protect the health and safety of persons engaged in solicitation or distribution; and WHEREAS, the Town Council finds the regulations of this Ordinance do not prevent door-to-door activity and that the regulations allow ample opportunity for solicitation; and WHEREAS, the Town Council finds that the regulations provided in this ordinance are an integral component of the Town's safety plan and that crime prevention efforts would be less effective without the provisions of this Ordinance; and WHEREAS, the Supreme Court of the United States has consistently recognized the right and obligation of local governments to protect their citizens from fraud and harassment, particularly when solicitation of money is involved, and WHEREAS, an important part of the freedom enjoyed by all citizens and residents of the United States is the right to speak freely, to express ideas that may be unpopular, and to engage others in debate without government interference, and WHEREAS, it is the responsibility of all units of government to balance these competing interests in a manner consistent with the Constitution of the United States and of Texas, while attempting to minimize fraud, prevent crime, and protect the privacy of our citizens. WHEREAS, the Town Council hereby finds that repealing the current Section 4.05 of Article IV, of Chapter 10, of the Code of Ordinances and adopting a new Section 4.05 entitled "Approved Times for Solicitation" as further specified herein, serves the best interests of the Town and the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein as findings of the Town Council and made a part hereof for all purposes. ORD 2014-15 Page 2 of 4 SECTION 2. AMENDMENT 2.01 Section 4.05 entitled "Approved Times for Solicitation" of Article IV entitled "Peddlers and Solicitors" of Chapter 10, entitled "Public Safety" of the Code of Ordinances of the Town is hereby repealed in its entirety and the following new Section 4.05 entitled "Approved Times for Solicitation" of Article IV entitled "Peddlers and Solicitors" of Chapter 10 entitled "Public Safety" is hereby adopted to be and read as follows: 4.05 Approved Times for Solicitation. 1. It shall be unlawful for any Person to conduct Commercial Solicitations, Charitable Solicitations or Religious Solicitations before the hour of 9:00 AM and after the earlier of dusk or the hour of 9:00 PM on any day Monday through Saturday, except as otherwise expressly provided herein. For purposes of this Section, dusk shall mean thirty (30) minutes after sunset. 2. There shall be no Solicitation on Sunday, New Years Eve, New Years Day, Memorial Day (observed), Fourth of July, Labor Day (observed), Thanksgiving Day, the day after Thanksgiving, Christmas Eve, or Christmas Day." SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the solicitations and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect ORD 2014-15 Page 3 of 4 the validity of the remaining portions of the 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 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage and publication in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the le day of June, 2014. m ATTEST: ,s F T6rrymy Ar, Town Secretary Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, Texas „tea �, L Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2014-15 Page 4 of 4