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1232ORDINANCE NO. 1232 AN ORDINANCE AMENDING CHAPTER 13, PEDDLERS AND SOLICITORS, OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, BY PROVIDING ADDITIONAL REGULATIONS FOR SOLICITATION AND CANVASSING ACTIVITIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake 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 Texas Local Government Code; and WHEREAS, the City Council has determined that solicitation and other types of activity at residences and other private property at certain times and under certain circumstances greatly intrudes on the privacy and personal property rights of the citizens of Southlake; and WHEREAS, the City Council finds that regulations addressing all these concerns are in the best interest of the health, safety, and welfare of the citizens of Southlake; and WHEREAS, it is the intent of the City Council to not infringe on any rights protected by First and Fourteenth Amendments to the United States Constitution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SOUTHLAKE, TEXAS: SECTION 1. That Section 13-24, "Regulation of solicitors and canvassers," of Article III, "Regulations," of Chapter 13, "Solicitors and Canvassers," of the Code of Ordinances of the City of Southlake, Texas, is hereby amended to read as follows: Sec. 13-24. Regulation of solicitors and canvassers. (a) A person commits an offense if the person engages in solicitation activity or canvassing activity at a residence: (1) before 9:00 a.m.; or (2) after dark or 9 p.m., whichever is earlier on a given day; or (b) A person commits an offense if the person engages in solicitation or canvassing activity at a premises with a posted notice that such activity is not welcomed or invited. It shall be presumed that there is notice that solicitation and canvassing activity is not welcomed or invited when there is exhibited in a conspicuous place on or near the main entrance of a premises, a sign, not less than one inch by three inches in size, containing the words "NO SOLICITORS," "NO TRESPASSING," or words of similar meaning. (c) A person, who is not the owner or tenant of a residence, commits an offense if the person removes, defaces or otherwise renders illegible a sign placed by the owner or tenant of the residence pursuant to Subsection (b). (d) A person commits an offense if the person engages in solicitation activities and remains or lingers on a premises after being informed by the owner or tenant that they are not welcome. (e) A person commits an offense if the person engages in solicitation or canvassing activities in an aggressive or intimidating manner. The term "aggressive or intimidating manner" means: (1) Blocking the path of a person who is the object of the activity; (2) Following behind, ahead or alongside a person who walks away from the solicitor or canvasser after being solicited, approached, accosted or offered a handbill, leaflet or any other item; (3) Shouting, making any outcry, blowing a horn or whistle, or using any sound device, including any loud speaker or sound amplifying system in violation of the city's noise ordinance for the purpose of attracting attention to one's location; or (4) Taking any action which intentionally, knowingly, or recklessly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative, or which threatens another with such imminent physical contact or with bodily harm, or which causes bodily injury. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinance, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation activities, canvassing activities, or handbill distribution, that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice sitting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS k= DAY OF AA4 01 kc"A- 2020. MAYOR/ —r: v't AT "T- CITY SE TARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2020. LAf��c Psi. MAYOR AT CITY SEC TARY EFFECTIVE: ac� AF�PROVED AST D FORM AND LEGALITY: Attorney RStar-Te1egri SEP MEDIA c 1101 Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 *** MEMO INVOICE *** Fed ID#26-2674582 -' TOTAL AMOUNT DUE $60.76 SALES REP I.:n ADVERTISER INFORMATION BILLING PERIOD n I BILLED ACCOUNT NUMBER 7 I ADVERTISER/CLIENT NUMBER 7 I ADVERTISER/CLIENT NAME Advertising Dept 08/21/2020 600637 600637 CITY OF SOUTHLAKE MAKE CHECKS PAYABLE TO Star-Telegram CITY OF SOUTHLAKE Star-Telegram-Advertising 1400 MAIN ST PO BOX 51847 Livonia,MI 48151 STE 440 SOUTHLAKE,TX 76092-7604 Billing:Contact Sales Rep.Credit:Email ssccreditandcollections@mcclatchy.com Payment is due upon receipt. Far �'�1 'START " NEWSPAPER I"l'41 13 Li U BILLED I�I TIMES to Li STOP REFERENCE DESCRIPTION PRODUCT SAU SIZE UNITS RUN RATE AMOUNT 08/21 08/21 0004733152 22000185,City of Southlake legal notice Telegram 1 x 41 L 41 1 $1.36 $55.76 08/21 08/21 0004733152 22000185,City of Southlake legal notice Upsell ST.Com 1 x 41 L 41 1 $0.12 $5.00 Invoice Total $60.76 THIS ISA MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. SW-Telegram , I PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE BILLING PERIOD 2 ADVERTISER/CLIENT NAME MEDIA 08/21/2020 CITY OF SOUTHLAKE Star-Telegram-Advertising TOTAL AMOUNT DUE ;d I TERMS OF PAYMENT PO BOX 51847 Livonia,MI 48151 $60.76 Upon Receipt *** MEMO INVOICE *** 0164 PAE. 6mwNooATE . (n(\I o. 12 6 J- 1 08/21/2020 YY 111 NEWSPAPER REFERENCE 0004733152 Star-Telegram 61 BILLED ACCOUNT NUMBER Star-Telegram-Advertising 600637 PO BOX 51847 7I ADVERTISER/CLIENT NUMBER Livonia, MI 48151 600637 A... i Star-Telegram - MEDIA SEP C 110tti Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO 1 Amount Cols Depth 600637 0004733152 ORDINANCE NO. 1232 AN ORDINANCE AMEN 22000185 $60.76 1 41.00 Li Attention: Amy Shelley THE STATE OF TEXAS CITY OF SOUTHLAKE County of Tarrant 1400 MAIN ST STE 440 Before me. a Notary Public in and for SOUTHLAKE, TX 760927604 said County and State, this day personally appeared VICTORIA ORDINANCE NO.1232 RODELA, Bid 9nd Legal Coordinator AN ORDINANCE AMENDING g CHAPTER 13, PEDDLERS AND published for the Star-Telegram, SOLICITORS, OF THE CODE OF by ORDINANCES OF THE CITY OF ORDINANCE NO.1232 i the Star-Telegram, Inc. at Fort Worth, SOUTHLAKE, TEXAS, AS AN ORDINANCE AMENDING AMENDED, BY PROVIDING AD- CHAPTER 13, PEDDLERS AND in Tarrant County, Texas; and who, DITIONAL REGULATIONS FOR SOLICITORS, OF THE CODE OF SOLICITATION AND CANVASS- ORDINANCES OF THE CITY OF after being duly sworn, did depose ING ACTIVITIES; PROVIDING SOUTHLAKE, TEXAS, AS and saythat the attached clipping of THAT THIS ORDINANCE SHALL AMENDED, BY PROVIDING AD- pp 9 BE CUMULATIVE OF ALL ORDI- DITIONAL REGULATIONS FOR an advertisement was published in NANCES; PROVIDING A SOLICITATION AND CANVASS SEVERABILITY CLAUSE; PRO- ING ACTIVITIES; PROVIDING the above named paper on the listed VIDING A PENALTY FOR VIOLA- THAT THIS ORDINANCE SHALL TIONS; PROVIDING A SAVINGS BE CUMULATIVE OF ALL ORDI- dates: CLAUSE; PROVIDING FOR PUB- NANCES; PROVIDING A LICATION IN THE OFFICIAL SEVERABILITY CLAUSE; PRO- NEWSPAPER; AND PROVIDING VIDING A PENALTY FOR VIOLA- AN EFFECTIVE DATE. TIONS;PROVIDING A SAVINGS SECTION 4. CLAUSE; PROVIDING FOR PUB- ANY PERSON,FIRM OR CORPO- LICATION IN THE OFFICIAL RATION WHO VIOLATES, DISO- NEWSPAPER; AND PROVIDING BEYS, OMITS, NEGLECTS OR AN EFFECTIVE DATE. 1 Insertion(s) REFUSES TO COMPLY WITH OR SECTION 4. WHO RESISTS THE ENFORCE- ANY PERSON,FIRM OR CORPO- Published On: MENT OF ANY OF THE PROVI- RATION WHO VIOLATES,DISO- SIONS OF THIS ORDINANCE BEYS, OMITS, NEGLECTS OR August 21, 2020 SHALL BE FINED NOT MORE REFUSES TO COMPLY WITH OR THAN FIVE HUNDRED DOL- WHO RESISTS THE ENFORCE- LARS ($500.00) FOR EACH OF- MENT OF ANY OF THE PROVI- FENSE.EACH DAY THAT A VIO- SIONS OF THIS ORDINANCE LATION IS PERMITTED TO EX- SHALL BE FINED NOT MORE 1ST SHALL CONSTITUTE A SEP- THAN FIVE HUNDRED DOL- ARATE OFFENSE. LARS ($500.00) FOR EACH OF- PASSED AND APPROVED on FENSE.EACH DAY THAT A VIO- the 2 nd reading ON THE 18TH LATION IS PERMITTED TO EX- DAY OF AUGUST 2020. 1ST SHALL CONSTITUTE A SEP- MAYOR:LAURA HILL ARATE OFFENSE. ATTEST: AMY SHELLEY, CITY PASSED AND APPROVED on SECRETARY the 2 nd reading ON THE 18TH DAY OF AUGUST 2020. MAYOR:LAURA HILL ATTEST: AMY SHELLEY, CITY SECRETARY K..)/(- ) /' (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME. THIS 21st day of August in the year of 2020 1111 40)( 1 _ _. , Notary Public- -9-. -. ;! `:1:4 ;. AMANDA DAWN GRISHAM at --1— "•= ID#132031326 iN My •+. o..,,,,;;c: Expires May 30,2023 r up tca a of!davits. Legal document please do not destroy!