ORD 1986-12I mml:4 WE'll I A
ORDINANCE 0 86-12
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 86-12,
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ESTABLISHING REGULATIONS GOVERNING COMMERCIAL SO-
LICITORS, VENDORS, CHARITABLE ORGANIZATION SOLICITA-
TIONS AND RELIGIOUS ORGANIZATION SOLICITATIONS; PRO-
VIDING DEFINITIONS; REQUIRING A SOLICITATION PERMIT;
PROVIDING AFFIRMATIVE DEFENSES TO THE PERMIT RE-
QUIREMENT; REQURING 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
OR REVOCATION OF PERMIT; PROHIBITING CERTAIN CON-
DUCT IN SOLICITING; PROHIBITING THE SALE OF FRESH OR
FROZEN MEATS AND SEAFOOD ON PUBLIC PROPERTY; PRO-
HIBITING THE SALE OF FRESH OR FROZEN MEATS OR
SEAFOOD BY ITINERANT VENDORS WITHIN THE TOWN; PRO-
HIBITING THE SOLICITATION OF OCCUPANTS OF VEHICLES ON
PAVED SURFACE OR SHOULDER OF PUBLIC STREETS; PRO-
HIBITING SOLICITATION AND THE ERECTION OF STRUCTURES
OF PUBLIC PROPERTY; PROHIBITING NEWSPAPER AND PUBLI-
CATION SALES ON MAJOR THOROUGHFARES WITHIN THE
CITY; DESIGNATING MAJOR THOROUGHFARES; REQUIRING A
PERMIT FOR CHARITABLE SOLICITATIONS; PROVIDING FOR
THE SUBMISSION OF AN APPLICATION FOR PERMIT; PRO-
VIDING FOR APPEAL FROM A PERMIT DENIAL OR REVO-
CATION; REQUIRING THE FURNISHING OF PROPER CRE-
DENTIALS BY PERMIT HOLDERS TO AGENTS AND SOLICITORS
FOR CHARITABLE PURPOSES; PROHIBITING CERTAIN MET-
HODS OF SOLICITATION BY CHARITABLE SOLICITORS; RE-
QUIRING REGISTRATION BY SOLICITORS FOR RELIGIOUS PUR-
POSES; PROHIBITING CERTAIN METHODS OF RELIGIOUS SO-
LICITATION; REQUIRING SUPERVISION OF CHILD SOLICITORS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the "Town") is a duly
incorporated municipality pursuant to article 11, section 4 of the 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
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 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 (100) 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 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.
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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 a 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 solieiation.
A. Permit required.
It shall be unlawful for a person to solicit in person in the Town without
first having a written permit therefor.
B. Affirmative defenses to permit requirement.
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
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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 employer.
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;
(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
or rape.
(2) Such application shall also show satisfactory proof of the ap-
plicant's authority to represent the company or individual such applicant states
that he represents, and it shall be in writing.
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(3) This application shall be accompanied by a ten dollar ($10.00) fee
and 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 or rape.
D. Issuance of permits; bond required.
(1) Where the application for a permit to solicit in 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 the application contains false information or
the person has been convicted within the last five (5) years of murder, theft,
fraud, burglary, robbery or rape.
(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
or rape, 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.
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(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 to 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 seafoods prohibited on public
It shall be unlawful for any person to peddle, solicit, sell, offer for sale
or exhibit for sale fresh or frozen meats or fresh or frozen seafoods upon any
public property within the Town.
H. Sale of fresh or frozen meats or seafoods 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 seafoods 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 seafoods and was soliciting persons engaged
in the business of buying and selling fresh or frozen meats or seafoods and said
solicitation does not occur on public property.
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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.I.1. if the solicitation was for the sale of newspapers or publications or other
printed material which deal with the dissmination 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.
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 vendor's 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
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(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
(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. Major 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 corp-
oration 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 for 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.
(g) Whether the applicant or any agent of applicant has been convicted
within the last five (5) years of murder, burglary, theft, fraud, robbery or rape.
(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 of funds collected which
are to be used to pay such expenses of solicitation and collection.
(1) A full statement of the
educational, patriotic or philanthropic
Town during the last preceding year.
character and extent of the charitable,
work done by the applicant within the
(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 or rape.
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 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 solicitiations 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 or theft
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.
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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.
G. Responsibility 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 con-
tributions 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. Religious Soliciation.
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
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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 cor-
poration the registrant represents and the telephone number and address of its
principal office;
(c) Duration and location of the proposed solicitation;
(d) Method or methods to be used in conducting the soliciations; 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 or place open to the general
public, shall carry a registration card issued by the Town while engaged in that
religious solicitation.
(2) The registration card required by subsection (1) above must:
(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."
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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 6. 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 eighteen (18) years of age who is permitted or registered,
depending upon the type of solicitation.
Section 7. Severability.
If any section, article, paragraph, sentence, clause, phrase or word in this
ordinance, -or application thereto any person or circumstances 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 City
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 8. 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 Two Hundred Dollars ($200.00) for each offense
and a separate offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
Section 9. Emergency.
The fact that the present ordinances and regulations of the Town of
Trophy Club, Texas, are inadequate to properly safeguard health, safety, morals,
peace, and general welfare of the inhabitants of the Town of Trophy Club
creates an emergency for the immediate preservation of the public business,
property, health, safety, and general welfare of the public which requires tha
this ordinance become effective from and after the date of its passage and it
is accordingly so ordained.
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PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 14 day of Ar�ri I , 1986.
[SEAL]
APPROVED AS TO FIRM:
':�3 "'= t 4-t� �'u
own ttorney, Town of Trophy Club, Texas
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