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Item 4K Memo M E M O R A N D U M July 13, 2020 To: Shana Yelverton, City Manager From: Ashleigh Casey, Assistant Chief of Police Subject: Ordinance No. 1232, 1st Reading, an ordinance amending Chapter 13, “Peddlers and Solicitors” of the Southlake Code of Ordinances. Action Requested: The purpose of this item is to seek Council’s approval of Ordinance No. 1232, which will provide additional regulations for solicitation and canvassing activities. Background Section 13-24 (Regulation of Solicitors and Canvassers) of the current Information: ordinance (Ordinance No. 850) prohibits solicitation activities at a residence: (1) before 9:00 am or after dark or 9:00 pm (whichever is earlier); (2) with a posted notice that such activity is not welcomed or invited; or (3) if the person engages in solicitation activities in an aggressive or intimidating manner. The current ordinance specifically defines the term “aggressive and intimidating manner” as: (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; or (3) Shouting, making any outcry, blowing a horn or whistle, or using any sound device, including any loudspeaker or sound amplifying system in violation of the city’s noise ordinance for the purpose of attracting attention to one’s location. The existing language in this section of the ordinance limits the Police Department’s ability to take enforcement action and/or revoke or suspend permits of solicitors who engage in solicitation activities in an aggressive and intimidating manner unless their behavior fits the very narrow definition listed above. Ordinance No. 1232 expands the definition of “aggressive and intimidating manner” to include the following assaultive behaviors: 4K Item 4K: Ordinance No. 1232, 1st Reading City Council Meeting Date – August 4, 2020 Page 2 of 8 (1) 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. In addition, Ordinance No. 1232 adds the two following offenses to the list already contained in Sec. 13-24 of the current ordinance: (1) 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; and (2) A person commits an offense if the person engages in solicitation activities and remains or lingers on the premises after being informed by the owner or tenant that they are not welcome. These offenses already exist within the Texas Penal Code and are enforceable by officers; however, adding them to the ordinance provides the Police Department with the ability to suspend or revoke a solicitor’s permit while awaiting the final disposition of the criminal charge. Under the current ordinance, the Police Department cannot suspend or revoke a solicitor’s permit unless that person has been convicted of an offense, has entered a plea of guilt or nolo contendere, or there is an outstanding warrant issued for the person’s arrest. This means that if an officer finds probable cause to arrest a solicitor for assault, the solicitor could feasibly return to his/her solicitation activities immediately upon release from jail because the current ordinance doesn’t allow for the revocation or suspension of a solicitor’s permit simply because he/she was arrested for the offense. The new language in Ordinance No. 1232 will provide a remedy and close this loophole. Financial Considerations: There are no direct financial impacts from the passage of this ordinance. Strategic Link: C1 - Achieve the highest standards of safety & security. Citizen Input/ Board Review: N/A Legal Review: The ordinance was reviewed and approved by the City Attorney’s Office. Item 4K: Ordinance No. 1232, 1st Reading City Council Meeting Date – August 4, 2020 Page 3 of 8 Alternatives: City Council may: 1) pass the ordinance as presented, 2) modify the ordinance provisions, or 3) decide not to move forward. Supporting Documents: Ordinance No. 1232 Staff Recommendation: Staff recommends approving the ordinance with provisions that suit Council’s strategic objectives. Item 4K: Ordinance No. 1232, 1st Reading City Council Meeting Date – August 4, 2020 Page 4 of 8 ORDINANCE 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: Item 4K: Ordinance No. 1232, 1st Reading City Council Meeting Date – August 4, 2020 Page 5 of 8 Sec. 13-24. Regulation of solicitors and canvassers. (a) A person commits an offense if the person engages in solicitation a ctivity 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 bei ng 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; Item 4K: Ordinance No. 1232, 1st Reading City Council Meeting Date – August 4, 2020 Page 6 of 8 (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 jurisdict ion, 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. Item 4K: Ordinance No. 1232, 1st Reading City Council Meeting Date – August 4, 2020 Page 7 of 8 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 t o 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 impos ition 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. Item 4K: Ordinance No. 1232, 1st Reading City Council Meeting Date – August 4, 2020 Page 8 of 8 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 ______ DAY OF __________________, 2020. ___________________________________ MAYOR ATTEST: ___________________________________ CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF ____________________, 2020. ___________________________________ MAYOR ATTEST: ___________________________________ CITY SECRETARY EFFECTIVE: ____________________ APPROVED AS TO FORM AND LEGALITY: ________________________________________ City Attorney