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Home My WebLink AboutORD 1990-050 CITY OF GRAPEVINE ORDINANCE N0. 90-50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY � OF GRAPEVINE, TEXAS AMENDING 'CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF �„,,�, GRAPEVINE, TEXAS, RELATING TO PEDDLERS AND SOLICITORS BY AMENDING SECTIONS 17-2, 17-4, � 17-7, 17-8, 17-10, and 17-13; PROVIDING FOR � THE REPEAL OF ALL INCONSISTENT ORDINANCES; ��" � PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ( $2 ,000 . 00) FOR EACH � OFFENSE RELATING TO FIRE SAFETY, ZONING, OR - PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, NOR TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500 . 00) FOR EACH OFFENSE FOR ALL OTHER VIOLATIONS, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY . AND PROVIDING AN EFFEGTIVE DATE. � WHEREAS, residents and citizens of the City of Grapevine, . � Texas, (the "City" ) have experienced incidences of harassment, � disturbance, annoyance, and safety risks resulting from door-to-door solicitation, including but not limited to alleged window peeking, door knob jiggling, and theft; and WHEREAS, the City Council finds and concludes it is necessary to adopt reasonable rules and regulations for the � . protection of the residents and citizens of the City from the harassment, disturbance, annoyance and safety risks which mag result from door-to-door solicitation. ��-,� � NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. 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 . That Chapter 17 of the Code of Ordinances. of the City of Grapevine, Texas relating to Peddlers and Solicitors be amended as follows: A. That Section 17-2 shall be amended in its entirety to read as follows : "Sec . 17-2 . License-Required. It shall be unlawful for any person to conduct himself as a solicitor without having first obtained a license therefor from the city, except that where the person who will be soliciting is under "'�� the age of � sixteen ( 16) , such person shall be supervised by a person who is over the age of sixteen ( 16 ) , and who � shall obtain a license on behalf of the person to be supervised. " B. That Section 17-4 shall be amended in its entirety to read as follows: "Sec 17-4 Same-Fees• term; exemptions from fees . The license fee for a solicitor under � this chapter shall be ' twenty-five dollars ($25 . 00) . Provided, however, ,,,�,, when a person engages in any such activity, through one or more agents or � employees, such person shall, in � addition to the twenty-five dollars `� � ( $25 . 00) fee above mentioned, pay a license fee of five dollars ( $5 . 00) for each agent or employee so engaged, all - of which licenses shall be valid for one ( 1) year from the date of their issuance. The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of the licenses except that the license fee shall not be required of those engaging in interstate commerce, � nor those conducting charitable solicitations, nor of vendors �of farm or � dairy products . " � � C.� That Section 17-7 shall be amended in its entirety to read as follows: "Sec . 17-7 . Bond. The application for a license shall be �. � accompanied by a bond in the sum of one thousand dollars ($1,000 . 00) , signed by the applicant, and signed as surety by � � some surety company authorized to do business in the state, conditioned for the final delivery of goods, wares, merchandise, or services of any nature whatsoever in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any purchasers or customers for any defects in material or workmanship that may exist in the article sold by the principal of such bond at the time of delivery, and that may be discovered by such purchaser or customer within thirty � (30) days after delivery, and which bond shall be for the use and benefit of all persons who may make any purchase or give any order to the principal of such bond, or to an agent or employee of the principal; provided that in case the applicant is engaging in any activity as defined in section 17-1 through one or �, , more agents or employees, such applicant shall be required to enter into only one bond, in the sum of one thousand dollars ($1,000. 00) as required in this section, �' which bond shall be made to cover the activities of all its agents or employ�es . This section shall not apply to those conducting charitable solicitations nor to vendors of farm or dairy products . ° -2- 0437L D. That Section 17-8 shall be amended in its entirety to read as follows: "Sec 17-8 Exem�tians to licensinQ requirements . (a) Commercial travelers . sales �. -, aQents, legal sales , and established trade. The provisions of this chapter � shall not apply to sales made to dealers � by commercial travelers or sales agents `�°� � in the usual course of business, nor to sales made under authority and by order of law, nor to persons, or their " authorized representatives, who have previously� established with- the owners or occupants of such private residences or property a regular business, trade, service or other contractual relationship. � (b) Newspaper solicitations . The � licensing requirements of sections 17-2 through 17-7 shall not apply to � newspaper solicitations . However, it shall be unlawful for any person, firm � or corporation to conduct newspaper solicitations except in compliance with this sec�ion 17-8 (b) and the other applicable sections of this chapter. Each newspaper is required to notify the city secretary during the regular � . business hours of the city, and at least twelve ( 12) hours in advance of such solicitation, of the date, time, and � ; general location of the solicitation, and of the number of persons who will be soliciting. Each person conducting himself as a newspaper solicitor shall wear a badge or other form of identification which identifies the newspaper and is worn on a clearly visible location on the person. " E. That Section 17-10 shall be amended in its entirety to read as follows : "Sec. 17-10 . Hours of operation. It � shall be unlawful for any person acting as a solicitor to go in or upon the premises of a private residence in the city prior to 9 :00 a.m. or after 9:00 p.m. of any day, Monday through Saturday, or at any time on Sunday, New Year' s Day, Memorial Day, July 4th, �, ,, Labor Day, Thanksgiving Day or Christmas Day. This section shall not. apply to a visit to the premises as a result of a request or invitation made by the "��° occupant. ° F. That Section 17-13 shall be amended in its entirety to read as follows: "Sec . 17-13 . Prohibited Conduct. It shall be unlawful for any solicitor to: -3- 0437L (a) misrepresent the purpose of the solicitation; (b) misrepresent the affiliation of those engaged in the solicitation; �. . (c) 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 `�""x � that solicitor; or (d) represent the issuance of any � license under this chapter as an endorsement or recommendation of the solicitation. " � Section 3. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guiity of a misdemeanor, and upon conviction in the Municipal Court, shall be fined in an amount not to exceed the sum of Two Thousand Dollars ($2,000 . 00) for each offense relating to fi.re � safety, zoning, or public health and sanitation, including � dumping of refuse, nor to exceed Five Hundred Dollars ($500.00) � for each offense for all other violations, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues . Section 4 . That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby � are deemed repealed and of no force or effect provided, however, that the ordinance or. ordinances under which the cases currently filed and pending in the Municipal Court of the City �° ' of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding not guilty or nolo contendere, or dismissal. Section 5 . If and section, article, paragraph,, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this _ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6 . The fact that the present ordinances and regulations of the City of Grapevine, Texas, do not adequately regulate solicitation within the City creates an emergency and the preservation of the public health, safety, and welfare requires that this ordinance take effect immediately from and �..�. after the date of its passage. �� -4- 0437L PASSED AND APPROVED_ BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, .TEXAS on this the 21st day of Auaust , 1990 . APPROVED: � `�/' . Wil iain D. Tate � Mayor �-. � ATTEST: i da Huff City Sec�etary � APPROVED AS TO 'FORM: John F. Boyle, Jr. City Attorney �_ � . �....w � �» � -5- 0437L .