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/
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PASSED AND APPROVED ON SECOND READING ON THIS DAY
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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
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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
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0004733152
Star-Telegram 61 BILLED ACCOUNT NUMBER
Star-Telegram-Advertising 600637
PO BOX 51847 7I ADVERTISER/CLIENT NUMBER
Livonia, MI 48151
600637
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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
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(Principal Clerk)
SUBSCRIBED AND SWORN TO
BEFORE ME. THIS 21st day of
August in the year of 2020
1111 40)( 1
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Notary Public-
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;! `:1:4 ;. AMANDA DAWN GRISHAM
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