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480-UU ATT A -DRAFT SOLICITOR'S ORDINANCE 5-29-03 ORDINANCE NO. 850 AN ORDINANCE REQUIRING REGISTRATION OF SOLICITORS; REQUIRING IDENTIFICATION BADGES; PROVIDING REGULATIONS FOR SOLICITATION ACTIVITIES; PROVIDING LOCATIONS FOR SOLICITATION ACTIVITIES; PROVIDING APPROPRIATE TIMES OF DAY IN WHICH SOLICITATION ACTIVITIES CAN OCCUR; PROVIDING REGULATIONS ON THE MANNER IN WHICH SOLICITING CAN OCCUR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINACES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; 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 Local Government Code; and WHEREAS, the City Council has determined that in order to ensure the safety of solicitors and the citizens of Southlake, it is necessary to regulate the locations and times of solicitation activities; WHEREAS, the City Council possess, pursuant to § 311.011 of the Texas Transportation Code, as amended, the exclusive control and power over public streets; WHEREAS, there are serious safety issues involved when individuals solicit by foot in or on public streets or right-of-ways, including such concerns as to the physical safety of those who solicit as well as the possible impeding of traffic flow on public streets; WHEREAS, the City Council has determined that in order to protect the privacy of its citizens and prevent crime, including deceptive practices, fraud, and burglary, it is necessary to register and regulate solicitors; WHEREAS, the City Council finds that the registration and regulation of such solicitors is in the best interest of the health, safety and welfare of the citizens of Southlake; WHEREAS, it is the intent of the City Council not to abridge any individual’s or group’s recognized First Amendment Rights; WHEREAS, it is the intent of the City Council to fully respect such First Amendment rights in this ordinance; Draft Solicitor’s Ordinance 1 5/14/03 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SOUTHLAKE, TEXAS: SECTION 1. Purpose and Intent The purpose of this Ordinance is to secure the general health, safety and welfare for the residents of the City of Southlake by insuring the peaceful enjoyment of their homes and property and allowing them to travel by vehicle or foot safely throughout the city by enforcement of the following regulations: 1) prohibiting door-to-door solicitation during those times when such solicitation is most intrusive and disruptive; 2) to minimize unwelcome disturbances by solicitors while traveling by foot or vehicle throughout the city; 3) to regulate the locations in which any solicitation activities can commence; and 4) to aid crime prevention and detection by requiring solicitors to obtain all required State and local permits. SECTION 2 Definitions Charitable purposes-shall mean the collection of money or the selling of goods to support 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. City- means the City of Southlake. City Secretary-means city secretary of the city or the city secretary's designated representative. City Approved/Authorized or Sanctioned Event – An event or activity for which the city has issued a permit for that use or activity to occur; or a use or activity that was lawful prior to the adoption, revision, or amendment of the Zoning Ordinance but that fails by reason of such adoption, revision or amendment of the Zoning Ordinance to conform to the present requirements of the zoning district. Curb- means the line adjacent to the edge of the roadway which may be either a raised or lowered, marked or unmarked surface. Director-means the director of public safety of the city or the director's designated representative. Handbill-means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any manner. Minor-means a person under the age of 18. Draft Solicitor’s Ordinance 2 5/14/03 Permanent business – an established place of business operating in a permanent structure on a continuous basis. Public Street Right-of-Way- shall mean the street, median, curb and the area four (4) feet outside the curb. Political Purposes-shall mean the collection of money or 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 collection of money for the support of the church, religious society, or other religious sect, group or order. 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. Solicitation-means the act of traveling either by foot or vehicle, going door-to-door, house-to- house, building-to-building, or displaying goods along any street or in a parking lot in order to personally contact persons for the purpose of asking, bartering or communicating in any other such manner, whether orally, by written, or printed materials including but not limited to handbills or leaflets, hand signing or by any other method, direct or implied, by an individual or group for the purposes of 1) selling or taking orders for goods, wares, merchandise or services; 2) collecting money for commercial, charitable, political, personnel or religious purposes; or 3) setting up or operating a temporary business on public or privately owned property, whether approved or unimproved, for the purposes of soliciting, selling, or taking orders for any goods, wares, merchandise or services. Solicitor- means person who engages in solicitation activities. Temporary Business--shall mean engaging in a business on private property, apart from a permanent structure for the purposes of solicitation activities with the intent to discontinue such activity upon the expiration of a time period, generally less than 120 days. Vendor's Vehicle -shall mean any vehicle from which sales of food or beverage items designed for immediate consumption are offered for sale, such as ice cream. Zoning Administrator – The official, or his designee, appointed by the City Manager to enforce and administer the terms of the Zoning Ordinance. Draft Solicitor’s Ordinance 3 5/14/03 SECTION 3 General Regulations (a) No person shall engage in solicitation activities in the City without first registering with the City and obtaining a solicitor's permit and identification badge from the Director. A solicitor's permit will be valid for six (6) months following the date of issuance. (b) No person shall conduct solicitation activities by foot from a public street right-of-way unless the street is closed in association with a city approved/sanctioned event. Staff Comment: Serious safety issues result when individuals solicit by foot in or near public streets. This includes a concern for the physical safety of those who solicit as well as a concern for those traveling by vehicle. Solicitation activities are permitted on or along a public street only at such a time that the roadway is closed for a city approved event or festival such as Art in the Square. (c) Solicitation from a vehicle is permitted if the following conditions are met: a) no solicitation on the SH-114, FM-1709, or FM-1938 right-of-ways or on any street or road right-of-way designated as an arterial or collector on the City’s Master Thoroughfare Plan; b) the vehicle must be approached, called or waived down by a prospective customer prior to stopping; c) the vehicle may be parked only when conducting business; and d) while parked the vehicle must comply with the regulations of this ordinance and other applicable ordinances. Staff Comment: This regulation permits ice cream trucks to continue to operate in the City . (d) Every solicitor shall identify him or herself as a solicitor upon approaching a person at a residence or at any other location in the City and explain their purpose, whether it be direct sales, solicitation of orders or services, or the demonstration of merchandise, or any combination of such purposes. (e) Solicitors shall conduct activities at a residence only between 9:00 AM and sunset of any day. The term "sunset" means the time of day identified by the National Weather Service as the time for sunset on that day in the city. Solicitation activities not at a residence shall be allowed to occur between 9:00 AM and 9:00 PM. Staff Comment: In the past, solicitors have approached resident’s homes after sunset and after 9:00 PM. This regulation will prohibit a solicitor from approaching a residence after sunset. (f) All solicitation is strictly prohibited on a premises with a posted notice that solicitors are not welcomed or invited. A person, desiring that no solicitor engage in solicitation on their premises, shall exhibit in a conspicuous place upon or near the main entrance, a card, not less than one (1) inch by three (3) inches in size, located near the doorbell or knocker, and containing words such as "NO SOLICITORS", "NO TRESASSING" or words of similar meaning. (g) No person engaged as a solicitor shall remain or linger on a premises after having been verbally informed by the owner or tenant that they are not welcomed. Draft Solicitor’s Ordinance 4 5/14/03 (h) It shall be unlawful to conduct solicitation activity on private property as a temporary business unless the activity is specifically authorized by the Zoning Ordinance and other applicable ordinances. In addition, written permission to conduct such solicitation activity shall be granted by the owner of the property. (i) It shall be unlawful to engage in an act of solicitation in an aggressive manner, including any of the following actions: (1) Touching the solicited person without the solicited person's consent; (2) Blocking the path of a person being solicited; (3) Following behind, ahead or alongside a person who walks away from the solicitor after being solicited; (4) Shout, make any outcry, blow a horn or whistle, or use any sound device, including any loud speaker or sound amplifying system, upon any of the streets, public places or upon private property for the purpose of attracting attention to the location of any goods, ware or merchandise. (j) All persons granted permission to conduct solicitation activities in the city shall prominently display the badge issued to them at all times. (k) All persons conducting solicitation activities must have proof of possession of any license or permit required under federal, state or county regulations and shall submit copies of such license(s) or permit (s) at the time of application (i.e. vehicle inspection report-food handlers permit). (l) If a vehicle is used in solicitation activities, there must be a sign located in a conspicuous place on the vehicle, identifying the name of the person, company or organization that the person represents. If the name is an individual, it must be followed by the word "solicitor". The lettering on the sign must be at least two and one-half inches high. (m) Every solicitor who is permitted to solicit edible merchandise shall keep all articles for sale to the public in a clean and sanitary condition, as well as the wagons, vehicles, or other conveyances used in the transportation of such merchandise and shall meet all applicable Federal, State and local regulations. (n) It shall be unlawful for any solicitor to sell or offer to sell any unsound or unwholesome merchandise or give a false weight of measure to such offered for sale. (o) It shall be unlawful for any person to operate a vendor's vehicle upon the streets of the city unless the vehicle is equipped with warning lights that are in actual operation, whether or not the vehicle is stopped or moving. (p) All solicitation on City-owned land must be approved by the Director. The solicitor may be required to enter into a contract agreement with the City prior to solicitation activities commencing. Draft Solicitor’s Ordinance 5 5/14/03 (q) All minors must be sponsored or employed by a person, company or organization. The person, company or organization that is sponsoring the minor(s) must be responsible for controlling the conduct of all sponsored individuals. (r) Applicants claiming a nonprofit status may be required to provide documentation of such status to the Director. Staff Comments: Section 11 of this ordinance is written to allow the sponsor of a “non-profit organization” as defined by 501 (c)(3) of the Internal Revenue Code to complete a single application for all individuals/agents engaging in solicitation activity. The sponsor will be required to provide the names, addresses, etc. of all individual conducting solicitation activities as part of the application. In some cases it may be difficult for the Director to determine if a group is a true non-profit organization. This language provides the Director the ability to request documentation of such status if needed. SECTION 4 Application (a) Any person desiring to conduct solicitation activities within the city shall make a written application on a form provided by the Director and reviewed by the Director for a solicitor's permit. The application shall contain the following information: (1) The name, social security number, date of birth and address of each person applying and desiring to make solicitations. (2) If the solicitor is: i. employed by another-provide the name and physical business address (not a P.O. Box) of the employer; ii. acting as an agent-provide the name, the physical address (not a P.O. Box), and telephone number of the principle being represented, with credentials in written form establishing the relationship and authority of the employees or agent to act for the employer or principal, of the employer; or iii. volunteer-provide the name and physical address (not a P.O. Box) of the business or organization being represented. (3) The nature of solicitation activity (i.e. the merchandise to be sold or offered for sale; or the nature of the services to be furnished; or the type of pamphlets /handbills that will be distributed). (4) The approximate time period within which the solicitation is to be made, giving the date of the beginning of the solicitation activity and its projected conclusion and Draft Solicitor’s Ordinance 6 5/14/03 how often the applicant will solicit in the city during the year (If approved, the permit will be valid for the time period indicated on the application up to six (6) months). (5) Names of all other communities in which the applicant has conducted solicitation activities in the past six (6) months. (6) Whether the applicant, upon any order obtained, will demand, accept or receive payment or the deposit of money in advance of final delivery. (7) Solicitors who require cash deposits or advance payments for future delivery or who require an agreement to finance the sale of goods or services for future delivery, or for services to be performed in the future, shall furnish to the city a bond with application in the amount determined in Section 10 of this ordinance. (8) Valid state driver's license number or a state-approved identification card number with a photograph (The Director will make a photocopy and attach to the application). (9) Two photographs of the applicant, measuring at least 1 1/2" x 2" and showing the head and shoulders of the applicant in a clear and distinguishing manner, which shall have been taken within the preceding 60 days before filling the application. Staff Comment: DPS will have the ability to take a photograph of the applicant if needed. One photograph will be part of the badge. The other photograph will remain in the application file. (10) If the applicant has plead guilty, or nolo contenere to, or has been convicted of a felony, misdemeanor, or ordinance violation involving fraud, deceit, misrepresentation, a sex offense, trafficking a controlled substance, or of any violent acts against persons or property within five (5) years preceding the date of application, description of each such conviction of plea must be listed. The description shall include the date of the offense. (11) If a vehicle is used, a description of the same, together with the license number and the VIN number. (12) Proof of possession as determined by the Director of any license or permit which, under federal, state, or local laws or regulations, the applicant is required to have in order to conduct the proposed solicitation. Copies of all such licenses and permits must be attached to the application. (13) A solicitation permit may be valid for up to six months from the date of issuance. Draft Solicitor’s Ordinance 7 5/14/03 SECTION 5 Issuance (a) The Director shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless he finds one or more of the following to be true: (1) Upon submission of an incomplete application for a solicitor's permit; (2) Providing false and/or misleading statements on the application for a solicitor's permit; (3) An applicant is overdue in payment to the city of taxes, fines or penalties accessed against or imposed upon the applicant; (4) The applicant is a person against whom a judgment based upon fraud, deceit, or misrepresentation has been entered within five (5) years; (5) Within five years preceding the date of the application, the applicant has pleaded guilty or nolo contendere to, or has been convicted of, a felony, misdemeanor, or ordinance violation involving fraud, deceit, misrepresentation, a sex offense, trafficking a controlled substance, or any violent acts against persons or property; (6) The type of solicitation activity requires a bond, and the applicant has not complied with the bond requirements as indicated in Section 10; or (b) A denial and the reasons for denial shall be noted on the application, and the applicant shall be notified of the denial by certified mail and sent to the address shown on the application. SECTION 6 Consumer's Right to Cancel for Home Solicitation (a) In addition to other consumer rights to revoke an offer or rescind a transaction, or to any other remedy for a solicitor's breach, the solicitor shall provide to the consumer the right to cancel a home solicitation transaction made in person in which the consideration exceeds $25.00, until midnight of the third business day after the day on which the consumer signs an agreement or offer to purchase in a home solicitation transaction. (b) Every solicitor in a home solicitation transaction made in person in which the consideration exceeds $25.00, shall furnish the consumer with a fully completed receipt or copy of any contract pertaining to the home solicitation transaction at the time of its execution, which in the same language as that principally used in the oral sales presentation and which shows the date of the transaction and contains the name, address and telephone number of the solicitor or the company that the solicitor represents, and in immediate proximity to the space reserved in the contract for the signature of the consumer or on the front page of the receipt if a contract is not used, and in bold type face of a minimum of ten points, a statement in substantially the following form: Draft Solicitor’s Ordinance 8 5/14/03 YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. (c) A solicitor in a home solicitation transaction made in person in which the consideration exceeds $25.00 shall furnish each consumer, at the time he or she signs the home solicitation transaction contract or otherwise agrees to buy goods, wares, merchandise or services from the solicitor, a completed form in duplicate, captioned "Notice of Cancellation" which shall be attached to the contract or receipt and easily detachable, and which shall contain in bold face type of a minimum of 10 points, the following statement: NOTICE OF CANCELLATION (enter date of transaction here) YOU MAY CANCEL THIS TRANSACTION, WITHOUT PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SOLICITOR OF YOUR CANCELLATION NOTICE. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SOLICITOR AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY WISH, COMPLY WITH THE INSTRUCTIONS OF THE SOLICITOR REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SOLICITOR'S EXPENSE AND RISK. IF YOU DO NOT AGREE TO RETURN THE GOODS TO THE SOLICITOR AND IF THE SOLICITOR DOES NOT PICK UP THEM UP WITHIN 20 DAYS OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. Draft Solicitor’s Ordinance 9 5/14/03 TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE, TO (Name of merchant) AT (Address of merchant's place of business) NO LATER THAN MIDNIGHT OF (Date). I HEREBY CANCEL THIS TRANSACTION. (Date) (Buyer's Signature) (d) Notification by mail shall be considered given at the time mailed as evidence by the postmark. (e) Before furnishing copies of the notice of cancellation to the consumer, a solicitor conducting a home solicitation shall complete both copies by entering the name of the merchant, the address of the merchant's place of business, the date of the transaction, and the date, not earlier than the third business day following the date of the transaction, by which the consumer may give cancellation. One copy shall be provided to the buyer and one copy shall be retained by the solicitor. (f) A solicitor in a home solicitation in which the consideration exceeds $25.00, shall inform each consumer orally, at the time the consumer signs the contract or purchases the goods, wares, merchandise or services of the consumer's right to cancel. (g) A solicitor shall not misrepresent in any manner the consumer's right to cancel. (h) A solicitor shall honor the notice of cancellation by a consumer and, within ten business days after the receipt of the notice, a solicitor shall refund all payments made under the contract or sale. Staff Comment: State law reference: Cancellation of certain consumer transactions, V.T.C.A, Occupations Code §39.001 et seq. SECTION 7 Solicitation on Private Property (a) A solicitor who intends to conduct solicitation activities at a generally fixed location on private property must provide to the Director a “Notice of Property Owner(s) Permission” in conjunction with the application. The following statement must be included and the property owner’s signature must be notarized. Draft Solicitor’s Ordinance 10 5/14/03 WHEREAS, I ______________, am the sole owner (or we, _____________, are all the owners) for property located at (provide address), do hereby grant permission for (solicitor’s name) to conduct solicitation activities on this property from (dd/mm/yr) to (dd/mm/yr). Signed name State of ______ County of ______ BEFORE ME, the undersign authority, on this day personally appeared ____________ known to me to be the person(s) whose names is (are) subscribed to the above and foregoing instrument, and acknowledged to me that he/she/they executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ____ day of _______. 20__. Seal ______________________ Notary Public Commission expires: (b) All solicitation activities on private property must be consistent with the use allowed in the designated zoning district as indicated on the City of Southlake’s Official Zoning Map and defined in Zoning Ordinance, unless otherwise permitted by City Council under the approval of a Mass Gathering permit (Ordinance No. 851). (c) Solicitation activity on a property that is determined by the Zoning Administrator to be customary and incidental activity consistent with the zoning designation are not subject to the regulations of this ordinance. Staff Comment: Activities such as lemonade stands and yard sales in residential areas, bazaars on church property, concession sales at ball games, etc. are considered customary and incidental and will not require a permit. Solicitation activities inconsistent with the designated zoning but part of a mass gathering event such as selling hot dogs at the Kaleidoscope Home Show may be permitted under the mass gathering ordinance. Draft Solicitor’s Ordinance 11 5/14/03 SECTION 8 Revocation or Suspension of Permit (a) A permit issued pursuant to this ordinance may be revoked or suspended by the Director for any of the following reasons: (1) Fraud or misrepresentation in the application for a permit; (2) Fraud or misrepresentation in the course of conducting solicitation activities; (3) Conducting solicitation activities contrary to the condition of the permit; (4) Conducting solicitation activities in such as manner as to create or constitute a danger to the public health, safety and welfare; (5) A judgment against the registrant involving a matter described in 5(a)(5); (6) Conviction of a crime as described in Section 5(a)(6); or (7) Violation of regulations described in Section 3; (b) Upon revocation, the Department of Public Safety shall deliver written notice to the permit holder stating the action and the reasons supporting such action. A written notice shall be delivered to the permit holder’s place of business (as indicated on the application) or mailed to the permit holder’s last known address. The Director or his designee shall have the authority to seize any and all permit badges possessed by persons conducting business as a solicitor while official notification process is underway. At such time, any and all solicitation activities conducted under the authority of that permit shall cease. SECTION 9 Badges (a) The Department of Public Safety shall issue to each approved permit holder a badge under the terms of this ordinance. Such badge shall be worn constantly in a conspicuous place by the permit holder while conducting solicitation activities in the city. Staff Comment: Individuals that are conducting solicitation activities for a nonprofit organization or as part of a city sponsored/approved event will be issued a non-pictured badge by the Department of Public Safety. (b) No badge issued under the provisions of this ordinance shall be worn at any time by any persons other than the one to whom it was issued. Draft Solicitor’s Ordinance 12 5/14/03 SECTION 10 Bond (a) Solicitors who require cash deposits or advance payments for future delivery or who require in an agreement to finance the sale of goods and services for future delivery, or for services to be performed in the future, shall furnish to the city a bond in the amount of $10,000.00 in conjunction with the application. The bond shall be signed by the applicant and a surety company authorized to do business in Texas. Such bond will be refunded 30 days after the last day that solicitation activity will take place as indicated on the application to ensure the following: (1) final delivery of goods and services in accordance with the terms of any order obtained; (2) purchasers are compensated for any loss, damages or injury that resulted from materials or workmanship that may exist in the goods sold or the services rendered; and (3) violations to this ordinance or other ordinances in the city which result in a fine have not occurred. SECTION 11 Exemptions (a) Any organization recognized as a “non-profit organization” as described in Section 501 (c)(3) of the Internal Revenue Code is exempt from payment of the permit fee. (b) The sponsor of any organization recognized as a “non-profit organization” as described in Section 501 (c)(3) of the Internal Revenue Code or a sponsor of any “approved/authorized or sanctioned City event” is only required to complete one (1) application for all its individuals/agents engaging in solicitation activities. The sponsor shall provide the City a list of name(s), date of birth(s), address(es) and social security number(s) (if applicable) of all individuals that will be conducting solicitation activities. Staff Comment: It is impracticable to require that every girl scout or high school student trying to raise funds through the sale of goods be required to complete a solicitor’s application. It is also impracticable and very costly to issue permits for every solicitor participating in a city approved/sanctioned events such as Art in the Square or Oktoberfest. Therefore, the ordinance is written to allow the sponsor of a “non-profit organization” or “City approved/sanctioned” to fill out a single application for all individuals/agents engaging in solicitation activity. The sponsor will be required to provide the names, addresses, etc. of all the individual conducting solicitation activities as part of the application. (c) The sponsor of a nonprofit organization or a city approved/authorized or sanctioned event is exempt from 4(a)(9) of this ordinance. Draft Solicitor’s Ordinance 13 5/14/03 (d) Any individual(s) conducting solicitation activities for a non-profit organization or part of a city approved/authorized or sanctioned event is exempt from Sections 6 & 10 of this ordinance. (e) Any person going from house-to-house, door-to-door, business to business, or other type of place-to-place when such activity is for the purpose of exercising that person's State or Federal Constitution rights (i.e., freedom of speech, press, religion, etc.) are exempt from the regulations of this ordinance, except that this exemption may be lost if the person's exercise of Constitutional rights is merely incidental to a commercial activity. (f) Salespersons with an appointment calling upon or dealing with manufacturers, wholesalers, distributors, brokers or retailers at their place of business or homes and in the usual course of business. (g) Curb painting vendors otherwise regulated by Ordinance 644 of the City of Southlake. Staff Comment: These vendors paint addresses on street curbs which assist the DPS in locating a residence (particularly at night) during an emergency call. Since this activity helps ensure the public safety and welfare of the citizens, it is proposed that this activity be exempt from the regulations of this ordinance. (h) Solicitation in the Public Right-of-Way- The terms of Section 3(h) shall not apply to any public transportation system; taxi cabs; mail carriers; vehicles for hire such as commercial servicing or repair of any disabled motor vehicle; any commercial activity involving pick up, delivery or unloading. (i) The terms of this ordinance shall not apply to residential yard or garage sales. (j) The terms of this ordinance shall not apply to a permanent business. SECTION 12 Appeals (a) A person who is denied a solicitor's permit or an exemption, or whose registration is revoked or suspended by the Director, may appeal the decision to the City Manager by filing a notice of appeal with the City Secretary within 15 days after the notice of decision is certified mailed to the address indicated on the application or the last known address of the solicitor. (b) Within ten (10) days of the receipt of the notice of appeal, the city manager shall set a time and place for a hearing on the appeal which shall be not later than 30 days from the date of receipt of the notice of appeal. (c) Notice of the time and place of the hearing shall be delivered to the appellant by certified mail, sent to the address indicated on the application or the last known address of the solicitor. (d) The decision of the City Manager on the appeal is final. No other administrative procedures are provided by the city. Draft Solicitor’s Ordinance 14 5/14/03 SECTION 13 Cumulative Clause (a) 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 other ordinances, in which event, the conflicting provisions of the other ordinances are hereby repealed. Ordinances No. 643 and No. 419 are repealed. SECTION 14 Severability Clause (a) It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections 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 15 Penalty Clause (a) Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any provisions of this ordinance 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 16 Savings Clause (a) All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any other ordinances which 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 17 Effective Date Clause (a) 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. Draft Solicitor’s Ordinance 15 5/14/03 PASSED AND APPROVED ON FIRST READING ON THIS ___________DAY OF, _____________________, 2003. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY Approved as to form and legality: ------------------------------- City Attorney Date: ________________ Approved: ____________ Draft Solicitor’s Ordinance 16 5/14/03