0843ORDINANCE NO. 843
AN ORDINANCE DECLARING A ONE HUNDRED TWENTY (120) DAY
MORATORIUM ON SOLICITATION OR SELLlNG MERCHANDISE BY
ANY INDIVIDUAL, INSTITUTION OR GROUP ORGANIZED FOR
POLITICAL, RELIGIOUS, CHARITABLE OR PROFITABLE
PURPOSES ON THE STREETS, STREET RIGHT-OF-WAYS, OR
MEDIANS WITHIN THE CITY OF SOUTHLAKE; DIRECT THE
DEPARTMENTS OF PUBLIC SAFETY AND PLANNING TO REVIEW
AND AMEND THE CURRENT SOLICITOR'S ORDINANCE NO. 643 TO
DETERMINE APPROPRIATE I,OCATIONS FOR SOLICITATION
ACTIVITIES THAT WILL ENSURE THE SAFETY AND GENERAL
WELFARE OF THE CITIZENS OF SOUTHLAKE AND PERSON(S)
CONDUCTING SOLICITATION ACTIVITIES AND REPORT TO THE
CITY COUNCIL AS EXPEDITIOUSLY AS POSSIBLE; PROVIDE A
PENALTY FOR VIOLATIONS HEREOF; PROVIDE A METHOD OF
REPEAL OF THIS MORATORIUM; PROVIDE AN EFFECTIVE DATE;
AND EXEMPT ClTY APPROVED SPECIAL EVENTS, VENDORS
SELLING FOOD OR DR1NK PRODUCTS FROM A MOTORIZED
VEHICLE, AND VEHICLES FOR HIRE AND REPAIR FROM THE
REGULATIONS OF THIS MORATORIUM.
WHEREAS, the City of Southlake, Texas is a home rnle 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 Southlake, 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, 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 one-hundred twenty (120) day
moratorium on solicitation activities to allow the Departments of Public Safety and Planning 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 §outhlake; 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, taxi cabs or other vehicles for hire, commercial servicing or repair of any disabled motor
vehicle or any commercial activity involving pick up, delivery or unloading.
NOW, THEREFORE
SOUTHLAKE, TEXAS THAT:
BE IT ORDAINED BY THE CITY OF
SECTION 1.
Purpose
The purpose of this ordinance is to implement an one-hundred and twenty day (120)
moratorium on all solicitation activities on public streets, street right-of-ways, medians or other
areas of vehicular passage to: 1) ensure the physical safety of those who solicit; 2) ensure
unimpeded traffic flow on public streets and other areas of vehicular travel; and 3) provide the
Departments of Public Safety and Planning the opportunity to determine appropriate and safe
locations in the City in which solicitation activities may take place.
SECTION 2.
Definitions
The following words or phrases shall have the meaning respectively ascribed to them in
this section:
Solicitation-attempt to collect funds or contributions from persons traveling in or on
vehicles, whether such vehicles are actually moving or temporarily stopped. It shall be
unlawfiil for any person to distribute or attempt to distribute literature or other materials
to persons traveling in or on vehicles, whether such vehicles are actually moving or
temporarily stopped.
Selling-sell, dispense, peddle, hawk, display, offer to sell or solicit for sale by offering or
exposing for sale any goods, wares, merchandise or services.
Charitable purposes-shall mean philanthropic or other nonprofit objectives, including the
benefit of the poor, needy, sick or handicapped persons; the benefit of a patriotic or
veterans' association or organization; the benefit of any fraternal, social or civic
organization; or the benefit of any educational institution.
Political Purposes-shall mean any form of communication related to a political issue, a
particular candidate to a position of non-partisan office, a political committee, as defined
by state law, or to a political party.
Religious purpose-shall mean the use of money for the support of the church, religious
society, or other religious sect, group or order.
SECTION 3.
Findings of Fact
The City Council has determine that a moratorium on the solicitation and selling in the
streets, street right-of-ways and medians in the City of Southlake creates a serious safety issue of
those individual who solicit and impedes traffic flow on public streets and it is necessary to allow
the Departments of Public Safety and Planning to determine safe and appropriate locations
within the City of Southlake for solicitation activities. Also, the imposition of this moratorium is
in furtherance of a legitimate government purpose, and is deemed to be in the best interest of the
City of Southlake, the citizens therein, and public in general.
SECTION 4.
Penalty
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 5
Effective Date and Repeal of the Moratorium
This moratorium shall take effect and be in full force nntil such time as the City Council
has a reasonable opportunity to consider and act upon appropriate amendments to the Solicitor's
Ordinance No. 643. 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 120 days
from the date of adoption unless it is specifically extended by City Council.
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON FIRST READING ON THIS 4"' DAY OF FEBRUARY,
2003.
,,,, ,.,.
PASSED AND APPROVED ON SECOND READING ON THIS 18TM DAY OF
FEBRUARY, 2003.
ATTEST:
APPROVED TO FORM AND LEGALITY:
DATE:
APPROVED:
EFFECTIVE:
The State of Texas
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared KAREN D.
WILLIAMS.Bid & Legal Coordinator for the Star-Telegram, published by Star-Telegram, Inc. At Fort
Worth, in Tarrant County, Texas and distributed in other surrounding Counties; and who, after being
duly sworn, did depose and say that the following clipping of an advertisement was published in the
above named paper on the following dates:
CUSTOMER ID: CIT57 DESCRIPTION:
CITY OF SOUTHLAKE
INVOICE DATE: 2/23/03
INVOICE 22448505 Q
s c
SALES REP: JANICE GREGORY
NUMBER NONE "SEcgEtPRV
PUBLICATION DATES: 2/21/03-2/23/03 OFFIGEOfC`
INVOICE AMOUNT $ 74.52
Signed: 4411a1A6
Subscribed and sworn to before me, this the 5 Day of MARCH
2003
Notary Public
Tarrant County, Texas
Karen Williams
STAR TELEGRAM BIDS AND LEGALS
PHONE: (817) 390-7182 i
+ � CHRISTY L. HOLLAND
( �i�ti./ MY COMMISSION EXPIRES
ADDRESS: STAR TELEGRAM JULY 31,2004
400 WEST 7TH STREET -� —
FORT WORTH ,TX 76102
DAGE #1 AD IS ATTACHED ON PAGE #2
•
PAGE# 2
INVOICE : 22448505 2/21/03-2/23/03
PASTE AD HERE
CILAKE
ORDINAONCEHNO.
843
AN ORDINANCE DE-
HUNDRED TWENTY
(120) DAY MORA-
TORIUM ON SOLIC-
ITATION OR SELL-
ING MERCHANDISE
BY ANY INDIVIDUAL,
INSTITUTION OR
GNIZEEDPFOR POLITI-
CAL, RELIGIOUS,
CHARITABLE OR
PROFITABLE PUR-
POSES ON THE
STREETS, STREET
RIGHT-OF-WAYS,
OR MEDIANS
WITHIN THE CITY
OF SOUTHLAKE;
DIRECT THE DE-
PARTMENTS OF
PUBLIC SAFETY
AND PLANNING TO
REVIEW AND.
AMEND THE CUR-
RENT SOLICITOR'S ITONO.
643 TO DETERMINE
APPROPRIATE LO-
R SO-
LICITOATION NS OACTIVII-
TIES THAT WILL
ENSURE THE
SAFETY AND GEN-
ERAL WELFARE OF
THE CITIZENS OF
SOUTHLAKE AND
PERSON(S) CON-
DUCTING SOLICI-
TATION ACTIVITIES
AND REPORT TO
THE ITY COUNCIL
AS EXPEDITIOUSLY
AS POSSIBLE:
PROVIDE A PENAL-
TY FOR VIOLA-
TIONS HEREOF:
PROVIDE A METH-
OD OF REPEAL OF
THIS MORATORIUM,
PROVIDE AN EF-
FECTIVE.DATE:AND
' EXEMPT CITY Ai--
PROVED SPECIAL
EVENTS, VENDORS
SELLING FOOD OR
DRINK PRODUCTS
FROM A MOTOR-
IZED VEHICLE, AND
VEHICLES FOR
HIRE AND REPAIR
FROM THE REGU-
LATIONS OF THIS
MORATORIUM.CT ON 4.
Penalty
Any individuals, insti-
tution or group
who
violates,
omits neglects or re-
fuses to comply with
this moratorium shall
be fined not more than
$500 for each offense.
Each day that a vio-
lation is permitted to
' exist shall constitute
a se arate offense.
PASSEDP-
ED ANDHI THE
18th DAY OF FEB-
DUR-
INGR2
THE REGULAR
CITY COUNCIL
MEETING.
MAYOR: Rick Stacy
ATTEST: Lori Farwell,
City Secretary
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: I12011 /223941111
FORT WORTH,TX 76102
(817)39o-776t Invoice Date 2/9/03
Federal Tax ID 22-3148254 Terms: DUE UPON RECEPT
Due Date: 02/28/03
Bill To: CITY OF SOUTHLAKE PO Number
1400 MAIN ST STE 440
SOUTHLAKE, TX 76092-7604 Sales Rep: 073
Description PULBIC NOTICE AD
Publication Dates: 2/7—2/9/03
Description udsa-a -4*P tion Col Depth Linage MU Rate Amount
Legal Notices
Notice is hereby given
by the City Council of
the City of Southlake,
Texas, that a public
hearing will be held 580 1 X 109 109 LINE 241.89 $88.29
NOTICE OF PULIC HE at soo�P 18o°im-
mediately following
• the Work Session,
NOTICE OF PUBLIC during the Regular
HEARING City Council Meeting
to be held in the City
Council Chambers of
Town Hall, 1400 Main
Street, Southlake,
Texas.
Purpose of the public
hearing is to consider
the second reading of
the following ordi-
nance:
CITY OF SOUTH-
LAKE, TEXAS
ORDINANCE NO.
843
AN ORDINANCE DE-
CLARING A ONE
HUNDRED TWENTY
f 120) DAY MORA-
TORIUM ON SOLIC-
ITATION OR SELL-
ING MERCHANDISE
BY ANY INDIVIDUAL
INSTITUTION OR
GROUP ORGA-
NIZED FOR POLITI-
CHARITABLE OGIOUSI
PROFITABLE PUR-
POSES
ETS,ON THE
STREET
LS`TTR
THE STATE OF TEXAS BRIGHT-OF-WAYS
County of Tarrant OR MEDIANS`
WITHIN THE CITY
OF SOUTHLAKE;
DIRECT THE DE-
Before me,a Notary Public In and PARTMENTS of ate,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
C for the Star-Tele amr published b ANDDLPLANNNGTO C.at Fort Worth,in Tarrant County,T •and who,after beingdulysworn,did depose REVIEW AND exas r and say
that the attached clipping of an ad AMEND THE CUR-ed in the above named paper on the listed dates: BIDS'et LEGALS DEPT. STAR TELEGRAM
(817) 390-7182. RDINANCE IT NO.
643 TO DETERMINE
APPROPRIATE LO-
CATIONS FOR SO-
LICITATION ACTIVI-
TIES THAT WILL
ENSURE THE
SUBSCRIBED AND SWORN TO ERAL WELFARE OF 'sday, Septe e ,2003.
THE CITIZENS OF
SOUTHPERSON(S)
AND
•
CON-
DUCTING SOLICI- r Public
TATION ACTIVITIES
AND REPORT TO
THE CITY COUNCIL
AS EXPEDITIOUSLY
AS POSSIBLE;
PROVIDE A PENAL- �- -
TY FOR VIOLA-
TIONS HEREOF; �,,-- CHRISTY L. HOLLAND
PROVIDE A METH- II?'
OD OF REPEAL OF ‹.P$ MY COMMISSION EXPIRES
THIS MORATORIUM; �a;
PROVIDE AN EF- -+i� �t}:'
FECTIVE DATE;AND ''`-•�.., --� JULY 31,2004r �7
Remit To: Star-TelegraiD PROVED CSPECLAL ��� CI-TS7
P.O. Box 90, EVENTS, VENDORS Customer Name: . CITY OF SOUTHLAKE
SELLING FOOD OR
DRINK PRODUCTS
FORT WOR'ZED VEHICLIEO No 2051 Invoice Number: 112011 /223941111
VEHICLES FOR
HIRE AND REPAIR Invoice Amount: $ 88.29
FROM THE REGU-
LATIONS OF THIS
MORATORIUM.
SECTION 4.
Penalty
Any individuals, insti- PO Number
tution or group who
violates, disobeys,
omits neglects or re- Amount Enclosed:
fuses to comply with
this moratorium shall
be fined not more than
$500 for each offense.
Each day that a vio-
lation is permitted to
exist shall constitute
a separate offense.
City ofarwe ll Southlake.
I Lori F
City Secretary