HomeMy WebLinkAboutORD 2003-009 ORDINANCE NO. 2003-09
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� * 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
I��°�� 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
� 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) day 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. 2003-09 2
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
r, 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.
APPROVED:
William D. Tate
Mayor
ATTEST:
,
Lind Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
;.�,.;�,
ORD. NO. 2003-09 3