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Item 7BORDINANCE NO. 850 AN ORDINANCE AMENDING CHAPTER 13, PEDDLERS AND SOLICITORS, AND ARTICLE VI OF CHAPTER 5, BUSINESSES, OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, BY REQUIRING REGISTRATION OF AND IDENTIFICATION BADGES FOR SOLICITORS; PROVIDING REGULATIONS FOR SOLICITATION AND CANVASSING ACTIVITIES; PROVIDING THAT CURB PAINTING VENDORS SHALL USE REFLECTIVE PAINT; 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 Local Government Code; and WHEREAS, the City Council has determined that in order to prevent and deter deceptive practices and fraud, it is necessary to require solicitors to obtain permits and to regulate those solicitors; and N & '. Aw WHEREAS, the City Council possesses, pursuant to §311.011 of the Texas Transportation Code, as amended, the exclusive control and power over public streets; and WHEREAS, the City Council has determined that solicitations by persons standing or operating within certain roadway or on medians and traffic islands of certain streets and highways within the City of Southlake greatly endangers such persons and the motoring public and also increases traffic congestion within the City; and WHEREAS, the City Council has determined that solicitations by persons directed towards the occupant of any vehicle that contemplate a transaction while the vehicle is in certain roadways within the City of Southlake endangers such persons and the motoring public, greatly increases traffic congestion within the City and distracts the drivers of those vehicles from their primary duty of observing their surroundings; and WHEREAS, the City Council has determined that solicitations 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 has determined solicitation activity conducted in certain Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 1 locations presents safety and congestion concerns; 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 Chapter 13 of the Code of Ordinances of the City of Southlake, Texas, is hereby amended to read as follows: "Chapter 13 SOLICITORS AND CANVASSERS Article I. General Provisions Sec. 13 -1. Purpose and Intent. The purpose of this chapter is to secure the general health, safety and welfare for the residents of the City by: (1) prohibiting door -to -door solicitation and canvassing at residences during the times when such activity is most intrusive and disruptive to citizens' privacy; (2) regulating the locations in which solicitation activity may occur to promote safety and minimize congestion; (3) regulating the manner in which any solicitation or canvassing activity may occur to promote good order protect citizens from aggressive and intimidating practices; and (4) requiring solicitors to obtain permits from the City to aid crime detection and deter deceptive practices and fraud. Sec. 13 -2. Definitions. In this chapter: Canvasser means a person who engages in canvassing activities. Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 2 Canvassing means the act of: (1) traveling either by foot or vehicle, going door -to -door, house -to- house, building -to- building; or (2) occupying space in or traveling on or through any public place in the City; personally contacting persons to communicate in any manner, whether orally, by written or printed materials including, but not limited to, handbills, leaflets, hand signing or by any other method, direct or implied, for any purpose other than selling or taking orders for goods, wares, merchandise or services or collecting money. City means the City of Southlake, Texas. City Manager means the City Manager of the City or the City Manager's designated representative. City Sponsored Event means a special event for which the City has issued a permit other than a solicitor's permit or has otherwise authorized to occur, and for which the City pays all or a portion of the costs of the event. Curb means the line adjacent to the edge of the roadway which may be either a raised or lowered or a marked or unmarked surface. Dark means the time of day identified by the United States Naval Observatory as being after the end of civil twilight on a particular day in the City. Director means the Director of Public Safety of the City or the Director's designated representative. Handbill means 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. Non - Profit Organization means an organization or entity that is exempt from the payment of tax pursuant to section 501(c)(3) of the Internal Revenue Code. Permanent Established Business Location means an established place of business operating in a permanent structure on a continuous basis. Permanent Structure means a structure for which a certificate of occupancy has been issued. Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 3 Public Place means any area to which the public is invited or in which the public is permitted, and includes, but is not limited to: the parking lot of any commercial establishment, the right of way of any street or highway, but does not include the offices or work areas of work places not entered by the public in the normal course of business. Roadway means that portion of a street or highway designed, improved or ordinarily used for vehicular travel, typically delineated by curbs, edgelines or the edge of the pavement. Selling means to sell, dispense, peddle, hawk, display, offer to sell or solicit for sale by offering or exposing for sale any goods, wares, merchandise or services. Sidewalk means the portion of a street or highway that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use. Solicitation means (a) the act of: (1) traveling either by foot or vehicle, going door -to -door, house -to- house, building -to- building; or (2) occupying space in or traveling on or through any public place in the City; (b) while personally contacting persons to ask, barter or communicate in any other 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, for the purpose of: (1) selling or taking orders for goods, wares, merchandise or services; or (2) collecting money for any purpose. The term does not include: (1) activity of a 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; (2) activity approved in conjunction with a city sponsored event; (3) activity conducted in conjunction with a residential yard or garage sale; (4) activity of a business conducted at the permanent established location of that business; Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 4 (5) activity conducted on property not owned or under control of the City with consent of the owner or person in control of the property not conducted while traveling either by foot or vehicle, going door -to -door, house -to -house or building -to- building; (6) activity for which a special use permit has been issued pursuant to the City's zoning ordinance; (7) activity conducted in connection with a mass gathering event under Section 34 of the City's zoning ordinance; or (8) activity conducted at a city park pursuant to a concession agreement with the City or in accordance with applicable park ordinances and policies. Solicitor means a person who engages in solicitation activities. Solicitor's Permit or Permit means a permit issued by the Director which allows a person to conduct solicitation activities within the City. Street or highway means the width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular traffic. -, R. � IW_ Structure means that [built is built or constructed, an edifice or building of any kind, or any piece of work artificial up or composed of parts joined together in some definite manner. Secs. 13 -3 - 13 -10. Reserved. Article II. Solicitor's Permits; Bonds. Sec. 13 -11. Permit Required for Solicitors; Fee. (a) A person commits an offense if the person engages in solicitation activities in the City without first obtaining a solicitor's permit from the Director. (b) A solicitor's permit shall be valid for six (6) months following the date of issuance unless a shorter period is requested by the applicant. (c) An applicant for a solicitor's permit shall pay a permit fee at the time the application is submitted, and if required, shall submit a bond. The amount of the solicitor's permit fee shall be set forth in the city's schedule of fees as approved by the city council. (d) An non - profit organization or a person conducting solicitation activity on behalf of a non - profit organization is exempt from payment of a permit fee. Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 5 Sec. 13 -12. Solicitor's Permit Application. (a) A person or organization desiring to conduct solicitation activities within the City shall make a written application on a form provided by the Director for a solicitor's permit. The application shall contain the following information: (1) the name, driver's license or state issued identification, date of birth, phone number and address of each person /organization applying for a permit; (2) a 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); (3) if a vehicle is used, a description of the same, together with the license number and the vehicle identification number; (4) except as provided by section 13- 13(c), two photographs of the applicant, measuring at least 1.5" x 1.5" 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 filing the application; (5) proof of possession 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 shall be attached to the application; (6) if the applicant is: (i) employed by another, the name and physical street address (not a post office box) of the employer; (ii) acting as an agent, the name, the physical street address (not a post office box), and telephone number of the principal being represented, with credentials in written form establishing the relationship and authority of the employees or agent to act for the employer or principal; or (iii) acting as a volunteer, the name and physical street address (not a post office box) of the business or organization being represented must be provided; (7) 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 or handbills to be distributed); Solicitation Ordinance 2003 WASouthlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 6 (8) the approximate time period within which the solicitation is to be made, stating the date of the beginning of the solicitation activity, its projected conclusion and the proposed dates and times of solicitation; (9) the names of all other cities in which the applicant has conducted solicitation activities in the past six (6) months; (10) whether the applicant, upon any order obtained, will demand, accept or receive payment or the deposit of money in advance of final delivery, and if so, the bond required by section 13 -14; (11) if the applicant has plead guilty, or nolo contendere to, or has been convicted of a felony or misdemeanor involving fraud, deceit, misrepresentation, a sex offense, trafficking a controlled substance, or any act of violence against persons or property within five (5) years preceding the date of application, a description of each such conviction or plea and the date of the offense; (12) if the applicant claims that the solicitation activity is to be conducted on behalf of a non - profit organization, proof of such status shall be attached to the application; (13) if the applicant is an entity that sponsors or employs minors as solicitors and is submitting one application, the information set forth in section 13- 13(b). Sec. 13 -13. Solicitation by Minors; Applications. (a) A minor who conducts solicitation activities shall be sponsored or employed by a person over the age of eighteen, a corporation, company or organization. The person, company, corporation or organization that is sponsoring or employing the minor(s) is responsible for controlling the conduct of the minors. (b) Except as provided by subsection (d), a person, company, or organization that sponsors or employs one or more minors as solicitors may submit one (1) solicitor's permit application and pay one permit fee for the registration of the minors regardless of the number of minors who conduct solicitation activities. The sponsor or employer shall provide the Director the name(s), date(s) of birth, address(es) and driver's license number(s) (if applicable) of all minors that will be conducting solicitation activities. (c) A minor that does not submit an application shall carry while conducting solicitation activities: (1) a copy of the approved solicitor's permit application; and (2) some form of identification that contains the name of the minor and the name Solicitation Ordinance 2003 WASouthlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 7 of the sponsor or employer of the minor. (d) A minor sixteen (16) years of age or older that is sponsored or employed by any person, company, corporation or organization that is not a non - profit organization shall submit an application and pay a registration fee. Sec. 13-14. Bond. (a) 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 the application in the amount determined in subsection (c) below, signed by the applicant and a surety company authorized to do business in Texas, conditioned: (1) Upon the final delivery of goods or services in accordance with the terms of any order obtained; (2) To indemnity purchasers for defects in material or workmanship that may exist in the goods sold and that are discovered within 30 days after delivery; and (3) For the use and benefit of persons, firms, or corporations that may make a purchase or give an order to the principal of the bond or to the agent or employee of the principal of the bond. (b) If the applicant is a person, firm, or corporation engaging in solicitation activities through one or more agents or employees, only one bond is required for the activities of all the agent or employee solicitors. (c) The amount of the bond is determined by the number of solicitors acting as agents or employees of the same person, firm, or corporation as follows: 1--3 solicitors ... $ 500.00 4--6 solicitors ... $ 750.00 7 or more solicitors ... $ 1,000.00. Sec. 13 -15. Issuance of Solicitor's Permit. (a) The Director shall approve or deny the issuance of a permit to an applicant and send notice of this decision to the applicant by certified mail sent to the address shown on the application within 30 days after receipt of the application. The permit shall be approved unless the Director finds one or more of the following to be true: Solicitation Ordinance 2003 WASouthlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 8 (1) the application for a solicitor's permit does not contain the information required by section 13 -12; (2) false or misleading statements are found to be included in the application for a solicitor's permit; (3) the applicant, employer or principal is a person against whom a civil judgment based upon fraud, deceit, or misrepresentation has been entered within five (5) years; (4) within five (5) years preceding the date of the application, the applicant, employer or principal 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 act of violence against persons or property; (5) the applicant is a registered sex offender; (6) within the six (6) months preceding the date of the application, the applicant has failed to comply with any rule, regulation or ordinance of another city or state concerning solicitation activity; W � (7) the applicant has an outstanding warrrrest for any offense described in subsection (a)(4); or (8) the type of solicitation activity requires a bond, and the applicant has not complied with the bond requirements in section 13 -14. (b) If an application is denied, the reasons for denial shall be noted on the application. (c) Except as otherwise provided in this chapter, the Director shall issue to each approved permit holder a photo identification tag under the terms of this ordinance. Such photo identification tag shall be worn constantly in a conspicuous place by the permit holder while conducting solicitation activities in the City. (d) A person commits an offense if the person wears or displays a photo identification tag issued to another person. Sec. 13 -16. Revocation or Suspension of Solicitor's Permit. (a) A permit may be revoked or suspended by the Director for any of the following reasons: Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 9 (1) the Director finds that any fact or event in section 13 -15(a) is true or has become true since the application was completed; or (2) the solicitor conducts solicitation activities in violation of any provision of this chapter. (b) Upon revocation, the Director shall immediately deliver written notice to the permit holder stating the action and the reasons supporting such action. A written notice shall be delivered or mailed by certified mail to the solicitor's address as shown on the application. (c) The Director shall have the authority to seize any and all permits and photo identification tags possessed by persons conducting business as a solicitor while official notification process is underway. At such time, all solicitation activities conducted under the authority of that permit shall cease. Sec. 13 -17. Appeals. (a) A person who is denied a solicitor's permit, or whose permit is revoked or suspended by the Director, may appeal the decision to the city manager by filing a notice of appeal with the Director within 15 days after the notice of decision is delivered via certified mailed to the address indicated on the application. IW (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 thirty (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 person by certified mail, sent to the address indicated on the application. Notice shall be sent within ten (10) days of the receipt of the notice of appeal. (d) The decision of the city manager on the appeal is final. No other administrative procedures are provided by the City. Secs. 13 -18 - 13 -20. Reserved. Article III. Regulations. Sec. 13 -21. Regulation of Solicitors; Generally. (a) A solicitor shall identify himself as a solicitor upon approaching a person at a residence or at any other location in the City and explain his purpose, whether it be direct sales, solicitation of orders or services, or the demonstration of merchandise, or any combination of such purposes. Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 10 (b) A person who uses a vehicle in solicitation activities, shall post 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 person, it must be followed by the word "solicitor ". The lettering on the sign must be at least two and one -half (2'/2 ") inches high. (c) A 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. (d) A person commits an offense if that person sells or offers to sell any unsound or unwholesome merchandise or give a false weight of measure to such offered for sale. Sec. 13 -22. Solicitation and Canvassing in Public Right of Way. (a) A person commits an offense if the person engages in solicitation or canvassing activity within the roadway, or on any median or traffic island within the right -of -way of any street or highway within the City. (b) A person commits an offense if the person engages in solicitation activity by a direct transaction or exchange with the occupant of any vehicle stopped or traveling on the roadway of Highway 114, F.M. 1709, F.M. 1938, any street or highway within the Town Center designation of the City's land use plan, or any street or highway in the city which is designated as an arterial or collector on the city's thoroughfare plan. An offense under this subsection occurs when the offer, solicitation or distribution is made regardless of whether a transaction is completed. (c) A person commits an offense if the person engages in solicitation or canvassing activity on a sidewalk within the City in a manner that impedes the flow of pedestrian traffic. (d) A person commits an offense if the person engages in solicitation or canvassing activity on a sidewalk within the Town Center designation of the City's land use plan in such a manner that the sidewalk is occupied by any tent, table, blanket, container, box, rack or any other physical structure. Solicitation or canvassing activity on a sidewalk in the Town Center designation of the City's land use plan is permitted if the handbills, leaflets, or other written or printed material, goods, wares or merchandise are carried and displayed by the person engaged in the solicitation or canvassing activity. (e) It is a defense to prosecution under subsections (a) or (b) above if the person engages in solicitation activity to operate a taxi cab, mail carrier, vehicle for hire such as commercial servicing or repair of any disabled motor vehicle. For the purposes of this subsection, the term "vehicle for hire" includes horse drawn carriages operated in the Town Center designation of the City's land use plan. Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 11 (f) It is a defense to prosecution under subsection (a) if the person engages in solicitation activity from a vehicle in a manner that does not violate section 13- 23(x)(1). Sec. 13 -23. Solicitation from a Vehicle. (a) A person commits an offense if the person conducts solicitation activities from a vehicle and: (1) the solicitation is conducted at a location within the right of way of Highway 114, F.M. 1709, F.M. 1938, any street or highway within the Town Center designation of the City's land use plan, or any street or highway in the city which is designated as an arterial or collector on the city's thoroughfare plan; or (2) the person stops the vehicle within a roadway to conduct business before the vehicle has been approached, called, or waived down by a prospective customer. (b) A person commits an offense if the person operates a vehicle from which solicitation activities are conducted upon any street or highway within the City and the vehicle is not equipped with warning lights that are in actual operation, whether or not the vehicle is stopped or moving. r% M r. '�M MW_ (c) A person commits an offense if the person operates a vehicle from which solicitation activities are conducted upon any street or highway within the City in a manner that blocks or impedes access to or from any alley, street or driveway, or impedes the flow of traffic on any public street or highway. Sec. 13 -24. Regulation of Solicitors and Canvassers. (a) A person commits an offense if the person engages in solicitation 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. (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 (1) inch by three (3) inches in size, containing the words "NO SOLICITORS ", "NO TRESPASSING ", or words of similar meaning. Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 12 (d) 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; or (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." SECTION 2. Chapter 5 of the Code of Ordinances of the City of Southlake, Texas, is hereby amended by repealing the existing Article VI and adopting a new Article VI to read as follows: m "ARTICLE VI. PAINTING ADDRESS NUMBERS ON STREET CURBS Sec. 5-221. Purpose. The purpose of this article is to protect the citizens against crime, including deceptive practices, fraud, and burglary, to minimize the unwelcome disturbance of citizens and the disruption of citizens' privacy, and to preserve the public health, safety, and general welfare by registering and regulating those persons engaged in the business of painting address numbers on street curbs. Sec. 5-222. Definition. (a) Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this subsection, unless the context clearly indicates a different meaning: Curb painting vendor means a person who engages in the business of painting address numbers on street curbs for remuneration. Sec. 5-223. Regulations. Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 13 A curb painting vendor shall: (1) use reflective paint to paint curbs; (2) comply with the provisions of Article II and section 13 -24 of Chapter 13 of this code; (3) provide to each business or residence that is being solicited a copy of a brochure, pamphlet or flier or advertising the curb painting vendor's services, which shall include the following statement in bold and conspicuous type on the cover thereof: "The City of Southlake does not endorse or sponsor this business and does not require that you paint your curb." Sec. 5 -224. Violation; penalty. 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 $500.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense." SECTION 3. Section 18- 183.2, "Sale of goods along roadway ", of Chapter 18, Article V, Division 2, of the Southlake Code of Ordinances is hereby expressly repealed. SECTION 4. CUMULATIVE 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. Ordinance No. 644 and Ordinance No. 419 are hereby expressly repealed. SECTION 5. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 14 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 6. PENALTY 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 7. SAVINGS 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 or canvassing activities 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 8. PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 15 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 9. EFFECTIVE DATE 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 , 2003. _ 4"%1 MAYOR ATTEST: CITY SECRETARY Solicitation Ordinance 2003 W: \Southlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 16 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2003. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney DRAFT Solicitation Ordinance 2003 WASouthlake\ Ordinances\ Solicitation \Solicit. Ord.1.23.04.wpd Page 17