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HomeMy WebLinkAboutItem 05 - 45 Day Moratorium on Solicitation ActivitiesITEM # _5 s MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGERO// MEETING DATE: FEBRUARY 18, 2003 SUBJECT: AN ORDINANCE DECLARING A 45 DAY MORATORIUM ON SOLICITATION ACTIVITIES IN THE CITY OF GRAPEVINE RECOMMENDATION: The City Manager recommends that the City Council approve an ordinance placing a 45 day moratorium on solicitation activities in the City of Grapevine. BACKGROUND: Staff has been in the process of revising the sections of the solicitation ordinance dealing with solicitation in the rights of way. As this process has continued it has come to our attention that the Police Department cannot continue to conduct the criminal background searches using the TCIC or NCIC systems. The agreements that we have entered into with both TCIC and NCIC prohibit the use of the systems for anything other than a criminal investigation. Continued use of the system for permit background checks would endanger our continued ability to use the system. The alternative is to contract with a third party for criminal background checks, similar to what the Personnel department does prior to the City's hiring of a new employee. The solicitors ordinance does not currently provide for the City with the ability to charge an applicant for a background check. In addition, the permit fees are currently waived for solicitors that are either charitable in nature or are conducting interstate commerce. Our inability to conduct background checks without incurring costs of approximately $30 to $40 per background, coupled with the need to conduct these criminal histories to protect the citizens of Grapevine, is driving staff's recommendation that the Council approve a moratorium on these activities for up to 45 days. The ordinance covers all solicitation activities that would require a solicitor's permit. City Manager recommends approval. RN February 13, 2003 (2:52PM) ORDINANCE NO. AN ORDINANCE DECLARING A FORTY-FIVE (45) DAY MORATORIUM ON SOLICITATION OR SELLING MERCHANDISE BY ANY INDIVIDUAL, INSTITUTION OR GROUP ORGANIZED FOR POLITICAL, RELIGIOUS, CHARITABLE OR PROFITABLE PURPOSES WITHIN THE CITY OF GRAPEVINE; TEXAS DIRECTING THE CITY MANAGER TO REVIEW AND PROPOSE AMENDMENTS TO CHAPTER 17 OF THE CODE OF ORDINANCES TO ENSURE THE SAFETY AND GENERAL WELFARE OF THE CITIZENS OF GRAPEVINE, TEXAS AND PERSON(S) CONDUCTING SOLICITATION ACTIVITIES; PROVIDE A PENALTY FOR VIOLATIONS THEREOF; AND EXEMPT CITY -APPROVED SPECIAL EVENTS, VENDORS SELLING FOOD OR DRINK PRODUCTS FROM A MOTORIZED VEHICLE, AND VEHICLES FOR HIRE AND REPAIR FROM THE REGULATIONS OF THIS MORATORIUM; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas, is a home -rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, there are serious safety issues involved when individuals solicit in or on public streets, street right-of-ways, medians within the City of Grapevine, Texas including concerns for the physical safety of those who participate in solicitation activities, as well as the possible impeding of traffic flow on public streets; and WHEREAS, due to the nature of solicitor activity, the City of Grapevine, Texas finds a public necessity to conduct criminal background checks on any applicant for a solicitor permit; and WHEREAS, Chapter 17 of the Code of Ordinances does not currently provide adequate means to conduct and fund such criminal background checks; and WHEREAS, pursuant to §215.031 of the Texas Local Government Code, as amended, the City Council has the power and authority to license, tax, suppress, prevent, or otherwise regulate peddlers and hawkers; and WHEREAS, the City Council finds that declaring a forty-five (45) day moratorium on all solicitation activities to allow the opportunity to determine appropriate and safe I locations for solicitation activities is in the best interest of the health, safety and welfare of those participating in solicitation activities and the citizens of the City of Grapevine, Texas; and WHEREAS, the terms of this section shall not apply to City -approved special events; vendors selling food or drink products from a motorized vehicle; any public transportation system, taxicabs or other vehicles for hire, commercial servicing or repair of any disabled motor vehicle or any commercial activity' involving pick-up, delivery or unloading; and WHEREAS, the City Council finds that the passage of this Ordinance is necessary to protect the health, safety, and welfare of the public; and WHEREAS, the City Council finds that the imposition of this moratorium is in the furtherance of a legitimate governmental purpose, and is deemed to be in the best interest of the City of Grapevine, Texas, the citizens therein, and the public in general. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF GRAPEVINE, TEXAS, THAT: Section 1. All matters stated in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. There is hereby imposed a forty-five (45) moratorium on all solicitation activities within the City of Grapevine, Texas to: 1) ensure the physical safety of those who solicit; 2) ensure unimpeded traffic flow on public streets and other areas of vehicular travel; 3) allow sufficient time to consider amendments to Chapter 17 of the Code of Ordinances to ensure that an adequate background check system is in place for all applicants for solicitor permits; and 4) provide City staff the opportunity to formulate any other recommended revisions to Chapter 17 of the Code of Ordinances necessary to protect the health, safety, and welfare of the public. Section 3. Any individuals, institution or group who violates, disobeys, omits, neglects, or refuses to comply with this moratorium shall be fined not more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 4. This moratorium shall take effect and be in full force until such time as the City Council has a reasonable opportunity to consider and act upon appropriate amendments to Chapter 17 of the Code of Ordinances. Upon final adoption of any ordinance amending the regulations applicable to solicitation or upon a final determination being made by City Council that amendments are not necessary, this moratorium shall expire. This moratorium shall automatically expire 45 days from the date of adoption unless it is specifically extended by City Council. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto, to any person or circumstance, is held invalid or ORD. NO, 2 Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto, 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 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 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 18th day of February, 2003. WAI ATTEST: ORD. NO. 3