Item 6A - Memo
M E M O R A N D U M
August 11, 2020
To: Shana Yelverton, City Manager
From: Ashleigh Casey, Assistant Chief of Police
Subject: Ordinance No. 1232, 2nd 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:
6A
Item 6A: Ordinance No. 1232, 2nd Reading
City Council Meeting Date – August 18, 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 6A: Ordinance No. 1232, 2nd Reading
City Council Meeting Date – August 18, 2020
Page 3 of 8
City Council: August 4, 2020; Approved (4-0) on the Consent Agenda as written.
Supporting
Documents: Ordinance No. 1232
Staff
Recommendation: Recommend approval of proposed Ordinance 1232.
Item 6A: Ordinance No. 1232, 2nd Reading
City Council Meeting Date – August 18, 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 6A: Ordinance No. 1232, 2nd Reading
City Council Meeting Date – August 18, 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 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 be ing 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 6A: Ordinance No. 1232, 2nd Reading
City Council Meeting Date – August 18, 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 6A: Ordinance No. 1232, 2nd Reading
City Council Meeting Date – August 18, 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 6A: Ordinance No. 1232, 2nd Reading
City Council Meeting Date – August 18, 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