HomeMy WebLinkAboutORD 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 . °
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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:
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(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.
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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
�_ � .
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