Item 8ACity of Southlake, Texas
MEMORANDUM
January 30, 2003
TO: Billy Campbell, City Manager
FROM: Rick Black, Director of Public Safety
SUBJECT: Ordinance No. 843, 1 st Reading, declaring a one hundred twenty (120) day
moratorium on solicitation or selling merchandise by any individual, institution
or group organized for political, religious, charitable or profitable purposes on
the streets, street right -of -ways, or medians within the City of Southlake.
Action Requested: City Council consideration of Ordinance No. 843 on first reading.
Background: Recently, people have been standing at roadway intersections seeking
donations for charities. Current ordinance does not comprehensively address
this activity, the Director of Public Safety has received reports from the public
and from police officers that gives concern towards safety. People seeking the
donations have been viewed walking in public roadways where traffic is
moving and, in some cases, obstructing the flow of traffic.
The Director of Public Safety and Director of Planning have developed an
ordinance which implements a one - hundred and twenty day (120) moratorium
on all solicitation activities on public streets, street right -of -ways, medians or
other areas of vehicular passage to: 1) ensure the physical safety of those who
solicit; 2) ensure unimpeded traffic flow on public streets, and 3) provide the
Departments of Public Safety and Planning the opportunity to determine
appropriate and safe locations in the city in which solicitation activities may
take place.
The terms of this moratorium will not apply to City approved special events;
vendors selling food or drink products from a motorized vehicle; any public
transportation system, taxi cabs or other vehicles for hire, commercial
servicing or repair of any disabled motor vehicle or any commercial activity
involving pick up, delivery or unloading.
Financial
Considerations: None
Financial Impact: Ordinance #843 does not create financial impact on the City of Southlake. It
may have a financial impact on individual solicitors.
Citizen Input/
Board Review: Many citizens have contacted the Department of Public Safety voicing their
concern for the safety of the persons seeking the donations.
Legal Review: This ordinance is currently under review by the City Attorney.
Billy Campbell
January 30, 2003
Page 2 of 2
Alternatives: Deny the moratorium and continue working on updating the solicitor
ordinance.
Supporting
Documents: Draft Ordinance No. 843
Staff
Recommendation: Place Ordinance No. 843 on the February 4, 2003 City Council agenda for first
reading.
I' : At
ORDINANCE NO. 843
AN ORDINANCE DECLARING A ONE HUNDRED TWENTY (120) DAY
MORATORIUM ON SOLICITATION OR SELLING MERCHANDISE BY
ANY INDIVIDUAL, INSTITUTION OR GROUP ORGANIZED FOR
POLITICAL, RELIGIOUS, CHARITABLE OR PROFITABLE
PURPOSES ON THE STREETS, STREET RIGHT -OF -WAYS, OR
MEDIANS WITHIN THE CITY OF SOUTHLAKE; DIRECT THE
DEPARTMENTS OF PUBLIC SAFETY AND PLANNING TO REVIEW
AND AMEND THE CURRENT SOLICITOR'S ORDINANCE NO. 643 TO
DETERMINE APPROPRIATE LOCATIONS FOR SOLICITATION
ACTIVITIES THAT WILL ENSURE THE SAFETY AND GENERAL
WELFARE OF THE CITIZENS OF SOUTHLAKE AND PERSON(S)
CONDUCTING SOLICITATION ACTIVITIES AND REPORT TO THE
CITY COUNCIL AS EXPEDITIOUSLY AS POSSIBLE; PROVIDE A
PENALTY FOR VIOLATIONS HEREOF; PROVIDE A METHOD OF
REPEAL OF THIS MORATORIUM; PROVIDE AN EFFECTIVE DATE;
AND EXEMPT CITY APPROVED SPECIAL EVENTS, VENDORS
SELLING FOOD OR DRINK PRODUCTS FROM A MOTORIZED
VEHICLE, AND VEHICLES FOR HIRE AND REPAIR FROM THE
REGULATIONS OF THIS MORATORIUM.
WHEREAS, the City of Southlake, Texas 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, there are serious safety issues involved when individuals solicit in or on
public streets, street right -of -ways, medians within the City of Southlake, including concerns for
the physical safety of those who participate in solicitation activities as well as the possible
impeding of traffic flow on public streets; and
WHEREAS, pursuant to § 215.031 of the Texas Local Government Code, as amended,
the City Council has the power and authority to license, tax, suppress, prevent, or otherwise
regulate peddlers and hawkers; and
WHEREAS, the City Council finds that declaring a one - hundred twenty (120) day
moratorium on solicitation activities to allow the Departments of Public Safety and Planning the
opportunity to determine appropriate and safe locations for solicitation activities is in the best
interest of the health, safety and welfare of those participating in solicitation activities and the
citizens of the City of Southlake; and
WHEREAS, the terms of this section shall not apply to City approved special events;
vendors selling food or drink products from a motorized vehicle; any public transportation
system, taxi cabs or other vehicles for hire, commercial servicing or repair of any disabled motor
vehicle or any commercial activity involving pick up, delivery or unloading.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF
SOUTHLAKE, TEXAS THAT:
SECTION 1.
Purpose
The purpose of this ordinance is to implement an one - hundred and twenty day (120)
moratorium on all solicitation activities on public streets, street right -of -ways, medians or other
areas of vehicular passage to: 1) ensure the physical safety of those who solicit; 2) ensure
unimpeded traffic flow on public streets and other areas of vehicular travel; and 3) provide the
Departments of Public Safety and Planning the opportunity to determine appropriate and safe
locations in the City in which solicitation activities may take place.
SECTION 2.
Definitions
The following words or phrases shall have the meaning respectively ascribed to them in
this section:
Solicitation attempt to collect funds or contributions from persons traveling in or on
vehicles, whether such vehicles are actually moving or temporarily stopped. It shall be
unlawful for any person to distribute or attempt to distribute literature or other materials
to persons traveling in or on vehicles, whether such vehicles are actually moving or
temporarily stopped.
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.
Charitable purposes -shall mean 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.
Political Purposes -shall mean 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 use of money for the support of the church, religious
society, or other religious sect, group or order.
SECTION 3.
Findings of Fact
The City Council has determine that a moratorium on the solicitation and selling in the
streets, street right -of -ways and medians in the City of Southlake creates a serious safety issue of
those individual who solicit and impedes traffic flow on public streets and it is necessary to allow
the Departments of Public Safety and Planning to determine safe and appropriate locations
within the City of Southlake for solicitation activities. Also, the imposition of this moratorium is
in furtherance of a legitimate government purpose, and is deemed to be in the best interest of the
City of Southlake, the citizens therein, and public in general.
SECTION 4.
Penalty
Any individuals, institution or group who violates, disobeys, omits neglects or refuses to
comply with this moratorium 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 5
Effective Date and Repeal of the Moratorium
This moratorium shall take effect and be in full force until such time as the City Council
has a reasonable opportunity to consider and act upon appropriate amendments to the Solicitor's
Ordinance No. 643. Upon final adoption of any ordinance amending the regulations applicable
to solicitation or upon a final determination being made by City Council that amendments are not
necessary, this moratorium shall expire. This moratorium shall automatically expire 120 days
from the date of adoption unless it is specifically extended by City Council.
SECTION 6
PASSED, APPROVED ON FIRST READINGON THIS DAY OF FEBRUARY,
2003.
MAYOR
ATTEST:
EFFECTIVE:
APPROVED TO FORM AND LEGALITY:
CITY ATTORNEY