ORD 2008-21TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2008-21
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES,
ENTITLED "PUBLIC SAFETY", BY REPEALING ARTICLE IV,
ENTITLED "PEDDLERS AND SOLICITORS", AND ADOPTING A
NEW ARTICLE IV REGULATING "PEDDLERS AND
SOLICITORS", TO DEFINE TIME LIMITS AND DURATION, TO
ALLOW BACKGROUND CHECKS; 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, Ordinance No. 1992-22 was adopted on December 15, 1992
establishing regulations governing commercial Solicitors, vendors, charitable
organizations; and
WHEREAS, the Town Council has determined that public safety and
welfare require additional identification and regulation of persons engaged in the
sale of goods and services through door to door and various other in person
solicitation campaigns conducted within the Town; and
WHEREAS, the Town Council has determined that additional regulations
on Solicitors will help safeguard the public and allow greater accountability for
those who engage in Solicitation within the Town; and
WHEREAS, the Town Council hereby finds that repealing the current
Article IV, of Chapter 10, of the Code of Ordinances and adopting new
provisions regulating solicitations and codified as Chapter 10, entitled "Public
Safety", Article IV, entitled "Peddlers and Solicitors", as further specified herein,
serves the best interests of the Town and the health, safety and welfare.
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 and made a part hereof for all purposes.
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SECTION 2.
AMENDMENT
2.01 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Safety" of the Code of Ordinances of the Town is hereby repealed in its entirety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 Article IV entitled "Peddlers and Solicitors" is hereby
adopted to be and read as follows:
"Section 4.01 Definitions
In this Code:
Actively Supervised: Means oversight and supervision by an adult person at
least eighteen (18) years of age who is physically located within one hundred feet
(100') of a child Solicitor sixteen (16) years of age or less for whom the
supervisor is responsible at all times when such child Solicitor is engaged in
Soliciting.
Agent: Means any Person contracting with the holder of a Permit, secured
pursuant to the terms of this Article to advertise, distribute or sell products under
such Permit.
Applicant: Means any Person that requests a Permit for Solicitation as required
by this Article.
Charitable Solicitations and Charitable Solicitations Campaign: Means any
course of conduct whereby any Person solicits property or financial assistance of
any kind, or sells or offers for sale or use any Goods or Merchandise, including
without limitation, any article, tag, service, emblem, publication, ticket,
advertisement, subscription or anything of value on the plea or 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.
Commercial Solicitations: Means any course of conduct whereby any Person
engages in Soliciting of Goods or Merchandise, other than Charitable
Solicitations or Religious Solicitations as defined herein.
Goods or Merchandise: Means and shall be construed to mean any service or
personal property of any nature whatsoever except printed material.
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.
Mobile Food Unit: Means a vehicle from which food is distributed or served to
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an ultimate customer.
Person or Persons: Means an individual, corporation, association, church,
organization, society or any other legal entity, including their employees,
contractors, agents, members, and representatives.
Permit: Written documentation issued by the Town of Trophy Club Permitting
Department authorizing activities in accordance with this Article.
Permitting Department. Means the office and individuals assigned to the office
primarily tasked with issuing permits as required or authorized by the Town of
Trophy Club.
Public Property: Means any property open or devoted to public use or owned
by, leased to or under the control of the Town, including, but not limited to,
buildings, facilities, sidewalks, streets, parkways, medians, right-of-way
easements and parks.
Religious Solicitation, Religious Solicitations Campaign, and Solicitations
For a Religious Purpose: Means and includes any course of conduct whereby
any Person, Solicits property or financial assistance of any kind or sells or offers
for sale or use any Goods or Merchandise, including without limitation, any
article, tag, service, emblem, publication, ticket, advertisement, subscription or
anything of value on the plea or presentation that such sale or solicitation or the
proceeds therefrom are for a religious purpose, on Public Property, in any
privately or publicly owned or controlled office building, or any other public or
private place, or by house-to-house canvassing.
Shoulder: Means the unpaved section of highway, road, or street in the Town
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.
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 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.
Solicitation: Means the practice, act or instance of Soliciting as defined herein.
Solicitor: Means all Persons who solicit.
Town: Means the area within the corporate and extraterritorial boundaries of the
Town of Trophy Club, Texas, and includes without limitation all private property
and Public Property within those boundaries.
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Vehicle: Means any 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 4.02 Commercial Solicitation
A. Permit Required
Except as expressly provided herein, it shall be unlawful for a person to
conduct any Commercial Solicitation in the Town without first having in his or
her possession a valid written Permit therefore issued by the Town.
B. Affirmative Defense: The following shall be affirmative defenses to
prosecution for violation of applicable Permitting requirements set forth in this
Article:
1. That the Solicitor is on the property by express invitation of the Person
residing on or controlling such premises.
2. 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.
3. 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.
4. That the Solicitor was Soliciting newspaper sales or sales of publications
or other printed material which deal with the dissemination of information
or opinion; however, this defense is not available for a violation of Section
4.02(L), Section 4.02 (M), or Section 4.05 of this Article.
5. 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 desiring to Solicit within the Town shall file a written
application for a Permit to do so with the Permitting Department, 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
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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 Goods or Merchandise to be sold or offered for sale or
the nature of the services to be furnished;
f. Whether such Applicant upon 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 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 sex, height, hair
and eye color, date of birth, driver's license number and the name of
the state issuing the driver's licenses; and
j. Whether the Applicant or any Person soliciting pursuant to the
Applicant's Permit has been convicted within the five (5) years
preceding the date of the application of murder, burglary, theft, fraud,
robbery, rape, any drug-related felony or is a registered sex offender.
2. Such application shall also show satisfactory written proof of the
Applicant's authority to represent the company or individual such Applicant
states that he represents.
3. The application shall be accompanied by a Fifty Dollar ($50.00) fee and no
Permit hereunder shall be issued until such fee has been paid by the
Applicant.
4. A Permit requested under this Section 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 Permitting Department shall require the Applicant to provide
documentation from the Texas Department of Public Safety that neither
the Applicant nor any of the Applicant's agents have been convicted within
the five (5) years preceding the date of the application of murder, burglary,
fraud, theft, robbery, rape, any drug-related felony or are registered sex
offenders.
D. Issuance of Permits; 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 Goods or Merchandise to be
Solicited by such Applicant and/or Applicant's agents, it shall be the duty
of the Permitting Department to issue to such Applicant a Permit to Solicit
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the Goods or Merchandise identified in such Applicant's application within
five (5) working days of the completion of the application and payment of
the Fifty dollar ($50.00) fee, unless it has been determined that the
application contains false information or the Applicant and/or any of the
Applicant's agents has been convicted within the five (5) years preceding
the date of the application of murder, theft, fraud, burglary, robbery, rape,
a drug-related felony or are a registered sex offender.
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 or Merchandise 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, who may pay in advance or make any advance
deposit on the purchase of orders for Goods or Merchandise and such
bond shall stipulate this obligation in its terms.
3. If the application contains false information or the Applicant and/or any
Person operating under the Applicant's Permit has been convicted within
the five (5) years preceding the date of the application of murder, theft,
fraud, burglary, robbery, rape, a drug-related felony or are a registered sex
offender, the Permitting Department shall not issue the Permit.
E. Permit Holders and Identification Cards:
1. Solicitor's Identification Cards. Along with every individual Permit
issued under the provisions of this Article, the Permit holder shall be
issued a Solicitor's Identification Card which shall contain the information
set forth in Section 2 below. The Applicant shall provide the Permitting
Department with the names and addresses of all Persons Soliciting and
for whom such Solicitor Identification Cards are required under this
Section. A Person to whom a Permit has been issued under this
Section shall obtain a Solicitor's Identification Card for himself and for
each Person Soliciting for or on behalf of such Permit holder.
2. Information on Solicitor's Identification Cards. Solicitor's Identification
Cards shall contain the name of the Permit holder, the address of the
Permit holder, the name, address, date of birth, sex, hair and eye color,
photograph, and signature of the Solicitor to whom such Solicitor's
Identification Card is issued, a description of the purpose of the
Solicitation for which the Permit has been issued, the signature of the
Solicitor and the specific period of time during which the Solicitor is
authorized to Solicit on behalf of the Permit holder. The Solicitor's
Identification Card shall also contain the following language prominently
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printed in either red or bold face type: "This identification card is not an
endorsement of the Solicitation by the Town of Trophy Club or its officers,
officials, or employees. It is your duty to verify all information given to you
by this Solicitor."
3. Possession and Display of Solicitor's Identification Card and Permit.
No Person shall Solicit without the Solicitor's Identification Card and a
copy of the Permit in his possession. The Solicitor's Identification Card
shall be prominently displayed on the person of the Solicitor at all times
while engaged in Solicitation within the Town. Upon the request of any
Person to whom a Solicitation is being made or upon the request of a
peace officer, a copy of the Permit issued by the Town of Trophy Club
shall be shown. It shall be unlawful for any Person to Solicit in the Town
without having the required Permit and/or Solicitor's Identification Card on
his person. It shall be unlawful for any Person Soliciting to fail or refuse to
show or display such Permit or Solicitor's Identification Card upon the
request of a Person Solicited or of a peace officer.
F. 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 effective date of the denial or revocation. A hearing on the denial or
revocation will then be scheduled for the next regular meeting of the Trophy Club
Town Council for which all legal requirements can be met. The Trophy Club
Town Council will render a decision on the appeal within ten (10) days of the
hearing.
G. 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 under this Article as an
endorsement or recommendation of the Solicitation by the Town of Trophy
Club;
5. Go on property upon which the owner of the property or the person
controlling the property has posted signs prohibiting Solicitation;
6. Remain on property after the owner of the property or person controlling
the property has instructed the Solicitor to leave; or
7. Conduct any form of Solicitation during prohibited hours as set forth in
Section 4.05.
H. Sale of Fresh or Frozen Meats and Seafood Prohibited on Public
Property.
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It shall be unlawful for any Person to Solicit or exhibit for sale fresh or frozen
meats or frozen seafood upon any Public Property within the Town.
1. Sale of Fresh or Frozen Meats or Seafood by Itinerant Vendors
Prohibited.
1. It shall be unlawful for any itinerant vendor to Solicit or exhibit for sale
fresh or frozen meats or seafood within the Town.
2. It shall be an affirmative defense to Section 4.02(H and 1.1) 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 such Solicitation does not occur on Public Property.
J. Unlawful to Solicit Occupants of Vehicles 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 4.02(J.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 for a violation of Section
4.02(L), Section 4.02 (M), or Section 4.05 of this Article.
K. 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 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 and frozen deserts to be sold from a mobile food unit or
otherwise upon the Major Thoroughfares identified by Section 4.02(M);
or
c. Is Soliciting, distributing or offering for sale only printed matter on
streets, sidewalks or rights-of-way other than those Major
Thoroughfares listed in Section 4.02(M); 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
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maintain any booth, stand or other structure, or vehicle, either permanent
or temporary upon any Public Property with the intent of Soliciting from
such structure or vehicle. It shall be an affirmative defense to prosecution
under this Section 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
d. The Person 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 those major thoroughfares listed in Section
4.02(M).
L. Newspaper and Publication Sales
It shall be unlawful for any Person to Solicit 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 4.02(M).
M. 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 the Town's Comprehensive Land
Use Plan are declared to be major thoroughfares within the limits of the
Town of Trophy Club for purposes of this Section. Except as specifically set
forth herein, Solicitation upon Major Thoroughfares is prohibited.
N. Child Solicitations - Supervision of Child Solicitors
It shall be unlawful for any Person to use children sixteen (16) years of age or
younger for Commercial Solicitation purposes unless such children are
Actively Supervised by an adult Person who is permitted or registered as
required by this Article.
Section 4.03 Charitable Solicitations
A. Permit Required / Display of Proof
1. It shall be unlawful to conduct any Charitable Solicitation Campaign in any
office building, or on any Public Property or private place or by house -to -
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house canvass, unless the Person sponsoring the Charitable Solicitation
Campaign shall first have obtained a Permit in compliance with the terms
of this Section.
2. No Person shall engage in Charitable Solicitations under this Article
without having in his possession a copy of the Permit or other
documentation evidencing that a Permit has been issued by the Town for
the Charitable Solicitations Campaign. The proof of registration shall be
shown, upon request, to all Persons solicited and to any peace officer of
the Town of Trophy Club.
B. Affirmative Defenses.
The following are Affirmative Defenses to the Permitting requirements of
this Section:
a. Any Charitable Solicitation by or from a Person who is a member of or is
acting on behalf of an organization which solicits funds solely from its own
members or from its own assemblies; not using Public Property for such
purposes;
b. Any Charitable Solicitation by or from a Person for or on behalf of a public
or private school 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 or private 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 Charitable 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 Charitable Solicitations Campaign conducted through the use of
television or radio as to those activities directly related to the use of
television or radio.
e. Members of bona fide full-time or volunteer fire departments or police
departments when engaged in a Charitable Solicitations Campaign,
including without limitation, the Muscular Dystrophy Foundation "Fill the
Boot" campaign.
C. Application - Same Information to be Contained
1. A Permit to conduct a Charitable Solicitations Campaign on Public
Property or private property in the Town shall be submitted in duplicate to
the Permitting Department 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
Permitting Department, it must be received five (5) working days (Monday
through and including Friday) prior to proposed date for the initiation of the
proposed campaign. Such application shall be sworn to by the Applicant
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and shall contain, at minimum, the following information. A Permit will be
issued upon the approval of the Permitting Department on or before the
fifth working day after its receipt or it shall be deemed denied. The
Application shall contain:
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
approximate number of Persons who shall actually Solicit
contributions.
f. A physical description of the Applicant which includes sex, height, hair
and eye color, date of birth, driver's license number and the name of
the state issuing the driver's license, if applicable.
g. Whether the Applicant has been convicted within the five (5) years
preceding the date of the application of murder, burglary, theft, fraud,
robbery, rape, any drug-related felony, or is a registered sex offender.
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.
I. 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.
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2. The Permitting Department shall require the Applicant to provide
documentation from the Texas Department of Public Safety that the
Applicant has not been convicted within the five (5) years preceding the
date of the application of murder, burglary, fraud, theft, robbery, rape, any
drug-related felony, or is a registered sex offender.
D. Issuance of Permit / Duration of Permit
a. Issuance of Permit. Upon receipt of a fully completed application, the
Permitting Department shall issue a Permit unless it is determined that:
One or more of the statements made in the application are not true;
ii. 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 Solicitations
Campaign is being conducted or has otherwise violated any of the
terms of the Permit or this Article; or
iii. The Applicant has been convicted within the five (5) years preceding
the date of the application of murder, burglary, fraud, robbery, theft,
rape, any drug-related felony or is a registered sex offender.
2. Duration of Permit. A Permit requested under this Section 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.
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 effective date of the denial or
revocation action. A hearing on the denial or revocation will then be
scheduled for the next regular meeting of the Town Council for which all legal
requirements can be met. The Town Council will render a decision on the
appeal within ten (10) days of the hearing.
F. Responsibility for Acts of Solicitors
The Applicant for Permit for a Charitable Solicitations Campaign shall be
liable for the acts of Persons Soliciting pursuant to his Permit in connection
with such campaign.
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G. Certain Methods of Solicitation Prohibited
1. It shall be unlawful for any Person to engage in Charitable Solicitations in
the right-of-way or upon the paved portion or the median of any major
thoroughfare listed in Section 4.02(M).
2. Notwithstanding the foregoing, a Charitable Solicitations Campaign that
provides documentation that one hundred percent (100%) of the proceeds
collected will be provided to the organization for which the solicitations are
being made, may solicit in the areas defined by 4.02(M) as Major
Thoroughfares under the following conditions:
a. The Charitable Solicitations Campaign is only allowed to Solicit
between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday
and between the hours of 7:00 a.m. and 5:00 p.m. on Saturdays; and
b. The Police Chief or his designee shall have the authority to order the
suspension or cessation of the activities of one or more Persons acting
pursuant to such Permit if, in the discretion of the Police Chief or his
designee, such activities present a safety hazard to the general public
or to the individual(s) soliciting.
3. 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.
4. It shall be unlawful for any Person to obstruct a public sidewalk while
engaged in Charitable Solicitation.
Section 4.04 Religious Solicitations
A. Registration Requirement
1. A Person sponsoring or otherwise conducting a Religious Solicitations
Campaign shall register with the Town as required by this Section.
2. It shall be unlawful for any Person to conduct or sponsor any Religious
Solicitations Campaign in any office building or any Public Property or
private place, or by house-to-house canvass unless such Person shall
first have registered with the Permitting Department in accordance with
this Section.
3. It shall be affirmative defense to prosecution under this Section if a Person
conducting a Religious Solicitation obtains a Charitable Solicitation Permit
in compliance with Section 4.03 of this Code or a Commercial Solicitation
Permit in compliance with Section 4.02 of this Code.
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B. Form of Registration
1. A religious Solicitor required to register hereunder shall first register in
person with the Permitting Department and shall provide the following
information:
a. Name of registrant and his permanent address;
b. Name of the Person 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 Solicitations; and
e. Approximate number of participants who will be engaging in
Religious Solicitations within the Town.
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 Permitting Department of the
change as soon as possible.
C. Registration Card
1. Any Person who engages in Solicitations For a Religious Purpose, or
has obtained a Permit to Solicit in compliance with Sections 4.02
(Commercial Solicitation) or 4.03 (Charitable Solicitation) of this Code
and who is Soliciting for a religious purpose, by house to house
canvass, on Public Property or private property, or in any other public
place open to the general public, shall carry a copy of the registration
as proof that the Religious Solicitations Campaign for which such
Person is Soliciting has been properly registered with the Town.
2. The proof of registration required by subsection (1) above shall:
a. Be a card or other documentation issued by the Permitting
Department to the Person sponsoring or otherwise conducting the
Religious Solicitations Campaign;
b. Identify the name of the name, address, date of birth, sex, hair and
eye color of the Person sponsoring the Religious Solicitations
Campaign and registered with the Permitting Department; and
c. Contain the statement "Religious Solicitations" or "Religious
Solicitor" and the specific period of time during which the Solicitor is
authorized to Solicit on behalf of the registered Person.
3. No Person shall engage in Religious Solicitations under this Article
without having in his possession a registration card or other
documentation evidencing that the Religious Solicitations Campaign
has been registered with the Town. The proof of registration shall be
shown, upon request, to all Persons solicited and to any peace officer
of the Town of Trophy Club.
D. Certain Methods of Solicitations Prohibited
The following methods of Religious Solicitation are and shall be prohibited
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within the Town:
1. Except as expressly provided herein, it shall be unlawful for any
Person to Solicit in the right-of-way or upon the paved portion or the
median of any major thoroughfare set forth in Section 4.02(M).
2. It shall be unlawful for any Person to obstruct any public sidewalk
within the Town when Soliciting.
3. It shall be unlawful for any person to Solicit during prohibited hours as
set forth in this Article.
Section 4.05 Approved Times For Solicitation
1. Except as otherwise expressly provided herein, it shall be unlawful for
any Person to conduct any form of Solicitation before the hour of 9:00
AM and after the hour 5:00 PM on any day of the week.
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
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.
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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 18th day of August, 2008.
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
!'own Secretary, Lisa Hennek p
Town of Trophy Club, Texas i�� RO yy
[SEAL] ��°�
- - U LACJ ILXL�UIk
Town Attorney, Patricia Adams �qRY
Town of Trophy Club, Texas
IN