ORD 2014-21TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2014-21
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES,
ENTITLED "PUBLIC SAFETY", BY AMENDING VARIOUS
SECTIONS OF ARTICLE IV THEREOF, ENTITLED "PEDDLERS
AND SOLICITORS", TO INCLUDE AN AMENDMENT TO
SECTION 4.01 ENTITLED "DEFINITIONS, AN AMENDMENT TO
SECTION 4.02 (G)(5) ENTITLED "PROHIBITED CONDUCT", TO
REPEAL THE EXISTING SECTION 4.06 ENTITLED "PENALTY"
AND ADOPT A NEW SECTION 4.06 ENTITLED "DO-NOT-
SOLICIT/NO-KNOCK LIST", AND TO ADOPT A NEW SECTION
4.07 ENTITLED "PENALTY" TO PROVIDE FOR A CRIMINAL
PENALTY FOR INTENTIONAL, KNOWING, OR RECKLESS
VIOLATIONS OF ARTICLE IV, AND A PENALTY OF
REVOCATION OR SUSPENSION; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENTS; PROVIDING A SAVINGS AND CUMULATIVE
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 FOR A REVOCATION OR
SUSPENSION UPON CONVICTION; 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 as well as
the Town's interest in preventing litter within its streets; and
ORD 2014-21 Page 1 of 6
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 the regulations of this Ordinance do
not prevent door-to-door soliciting 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; and
WHEREAS, the Town Council hereby amends various sections of Article
IV "Peddler's and Solicitors" of Chapter 10, "Public Safety" of the Code of
Ordinances of the Town in order to implement a Do-Not-Solicit/No Knock List and
to enact other related provisions as further specified herein to serve 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 2014-21 Page 2 of 6
SECTION 2.
AMENDMENT
2.01 Section 4.01 entitled "Definitions" of Article IV entitled "Peddlers and
Solicitors" of Chapter 10, entitled "Public Safety" of the Code of Ordinances of
the Town is hereby amended to provide an amendment to the existing definition
for "Solicit or Soliciting" and to add a definition for "Town Manager" to be placed
in alphabetical order as part of the existing list of definitions with all other
definitions remaining the same:
4.01 Definitions
In this Code:
"Solicit or Soliciting: Means any course of conduct to sell or
attempt to sell Goods or Merchandise, including without limitation,
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 to 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. The
term includes the distribution of a handbill, a circular, or a flyer
advertising a commercial event, or commercial Goods or
Merchandise. An offer of membership in an organization is
expressly excluded.
Town Manager: Means the Town Manager for the Town of Trophy
Club or his designee."
2.02 Subsection 5 of Subsection "G", entitled "Prohibited Conduct" of Section
4.02 entitled "Commercial Solicitation" of Article IV entitled "Peddlers and
Solicitors" of Chapter 10, entitled "Public Safety" of the Code of Ordinances of
the Town is hereby amended so that Subsection G(5) shall to be and read in its
entirety as follows:
4.02 Commercial Solicitation
G. Prohibited Conduct
It shall be unlawful for a Person engaged in Solicitation to:
5. Go onto residential property upon which the owner of the
property or the person controlling the property: (1) has posted signs
prohibiting Solicitation, and (2) has placed his/her name and the
address of such residential property on the Do-Not-Solicit/No Knock
List maintained by the Town.
ORD 2014-21 Page 3 of 6
2.03 Section 4.06 entitled "Penalty" 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 4.06
entitled "Do-Not-Solicit/No Knock List" of Article IV entitled "Peddlers and
Solicitors" of Chapter 10 entitled "Public Safety" is hereby adopted to be and read
as follows:
4.06 Do-Not-Solicit/No Knock List.
The Town Manager shall develop and maintain a list of residential
property addresses where Soliciting is prohibited and such list shall be
referred to as the "Do-Not-Solicit/No Knock List".
2. Any property owner or occupant of a residential property may elect to
add or remove his or her residential address to or from the Do-Not-
Solicit/No Knock List through the procedures developed by the Town
Manager as posted on the Town website and as available at the Town
Permitting Department. The property owner or occupant making such a
request shall be required to affirm in writing that he or she is an owner
or occupant of the residential property, and is making the request on
his or her behalf and/or on behalf of any other owner or occupant at
that property.
3. The Town Manager shall make the Do-Not-Solicit/No Knock List
available on the Town's website and shall also make the List available
at the Town Permitting Department to any person upon request.
4. The Town Manager shall make the Do-Not-Solicit/No Knock List
available to each person issued a permit under this Article and to each
person issued a Solicitor's Identification Card under this Article at the
time of issuance of the Permit or Solicitor's Identification Card. It shall
be the responsibility of the holder of the Permit or Solicitor's
Identification Card to review the listing of residential properties
provided on the Town website at intervals identified by Town on the
Permit or Solicitor's Identification Card in order to ensure that he/she is
utilizing the most current Do-Not-Solicit/No Knock List."
2.04 Section 4.07 entitled "Penalty" of Article IV entitled "Peddlers and
Solicitors" of Chapter 10, entitled "Public Safety" of the Code of Ordinances of
the Town is hereby adopted and shall be and read in its entirety as follows:
ORD 2014-21 Page 4 of 6
4.07 Penalty
A. Criminal Penalty.
Any person intentionally, knowingly, or recklessly violating any of the
provisions of this Code 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.
B. Revocation or Suspension of Permit or Identification Card by
Municipal Court Judge
Upon conviction of two (2) or more violations of any one (1) or more of the
provisions of this Article, the Town's Municipal Court Judge, in addition to
imposing a fine, may institute proceedings to suspend or revoke the
Permit or the Solicitor's Identification Card issued under this Article. A
Person who has received two (2) or more convictions under this Article
shall be denied a Permit or Solicitor's Identification Card for a period of
two (2) years following the date of the second conviction."
SECTION 3.
SAVINGS AND CUMULATIVE 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
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
ORD 2014-21 Page 5 of 6
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. In addition to the criminal penalty provided by this Ordinance, a
person violating or failing to comply with a provision of this Article shall be subject
to permit revocation or suspension and all other civil penalties allowed by law.
Penalties hereunder shall be cumulative and not exclusive.
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 12th day of August, 2014.
ATTEST:
Ta io Ard Jown Secretary
Town of Trophy Club, Texas
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
11 VIE Aswi��)
Patriaa A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2014-21 Page 6 of 6