0644ORDINANCE NO. 644
AN ORDINANCE OF THE CITY OF SOUTHLAKE REQUIRING
REGISTRATION FOR PERSONS WHO ENGAGE IN THE BUSINESS OF
PAINTING ADDRESS NUMBERS ON STREET CURBS; PROVIDING
REGULATIONS; ESTABLISHING A REGISTRATION FEE; PROVIDING
A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
WttEREAS, 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
WttEREAS, the City Council has determined that in order to prevent crime, including
deceptive practices, fraud and burglary, it is necessary to register and regulate the occupation
of those persons who engage in the business of painting address numbers on street curbs;
NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TIlE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Purpose
The purpose of this ordinance 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, safe~y, and general
welfare by registering and regulating those persons engaged in the business of painting
address numbers on street curbs.
SECTION 2.
Definition; Registration Required
"Curb painting vendor" means a person who engages in the business of painting
address numbers on street curbs for remuneration. A person shall not engage in the
business of painting address numbers on street curbs for remuneration in the city without
first registering with the city and obtaining a registration certificate from the city secretary.
SECTION 3.
Application
A curb painting vendor shall submit an application for registration, which shall be
made under oath and which shall contain:
(a) proof of identification and address of the applicant, to be provided through the
applicant's driver's license, articles of incorporation, or other legally recognized form of
identification;
(b) if the applicant is employed by another, the name and business address of the
employer;
(c) the location or locations at which the applicant will be soliciting business; and
(d) if the applicant has been convicted of a felony, misdemeanor, or ordinance
violation involving fraud, a sex offense, trafficking in controlled substances, or of any violent
acts against persons or property within five years preceding the date of application, a
description of each such conviction. The description shah include the date the offense
occurred, the date of the conviction, the location of the offense, the offense of which the
applicant was convicted, and the sentence received. For purposes of this section, a
conviction shall be deemed to have occurred if an applicant is ordered to be placed upon
deferred adjudication or community supervision.
SECTION 4.
Fees and Duration
An applicant for registration shall pay, at the time of application, an annual fee for
each employee who will be soliciting. At the time of the adoption of this Ordinance the fee
shall be set at ten dollars, provided however, that subsequent to the adoption of this
Ordinance the fee shall be as set out in the Fee Schedule adopted by the City Council
during the budget process and amended from time-to-time. The registration shall be valid
for one year.
SECTION 5.
Review of Application
(a) Upon receipt of an application, the city secretary shall review the application and
if it is satisfactory, deliver a registration certificate to the applicant, and forward a copy of
the certificate to the Director of Public Safety.
(b) The registration certificate shall show the name and address of the applicant, the
registration number, the dates of issuance and expiration of the certificate. It shall also
contain a statement in bold print that the holder of the certificate is not sponsored, or
employed by or in any way representing the city.
(c) The registration certificate must be carried by the curb painting vendor while
engaging in the performance or solicitation of business.
(d) A registration certificate shall be used only by the person to whom it is issued
and may not be transferred to another person.
f: \ file~\~l&ke\ordinance\curb - fn2 ( 8/5/961 3
SECTION 6.
Denial of Registration
(a) The city secretary shall deny an application for registration if the city secretary
finds any of the following to be true:
(1) An investigation reveals that the applicant falsified information on the
application.
(2) Within five years preceding the date of application, the applicant has
been convicted of a felony, misdemeanor, or ordinance violation involving a sex offense,
fraud, trafficking in controlled substances, or any violent acts against persons or property.
(b) A denial and the reasons for the denial shall be noted on the application, and the
applicant shall be notified of the denial by notice mailed to the applicant at the address
shown on the application or the last known address.
A curb painting vendor shall:
(a)
(b)
(c)
(d)
SEC-lION 7.
Regulations
use black paint only to paint curbs;
not engage in solicitation activities between the hours of 8:00 p.m. to 9:00 a.m.;
not solicit business at a residence or business that has a sign posted giving
notice that solicitors are not welcome, such as "no solicitors."
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:
f,\file,\slake\ordinanc~\~urb.fn2 {8/S/}6) 4
"l~e City of Southlake does not endorse or sponsor this
business and does not require that you paint your curb."
(e) Present a copy of the registration certificate to each person at a business or
a residence before soliciting any business.
SECTION 8.
Revocation or Suspension of Registration
A registration certificate issued pursuant to this ordinance may be revoked or
suspended by the City Secretary, after notice and hearing, for any of thc following reasons:
(a) fraud, misrepresentation, or false statement contained in the application for
registration;
(b) fraud, misrepresentation, or false statement contained in thc application for
registration;
(c) conviction for a crime described in Section 6(a)(2);
(d) violation of thc regulations described in Section 7; or
(e) conducting solicitation activities in such a manner as to create a public
nuisance, constitute disorderly conduct, or endanger thc health, safety, or general weffare
of thc public.
SECTION 9.
Appeals
(a) A person who is denied registration or whose registration is revoked or
suspended by the City Secretary, may appeal the decision to the city manager by filing notice
of appeal with thc city secretary within 15 days after the notice of the decision is mailed to
the address indicated on the application or the last known address of the curb painting
vendor.
(b) Within 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 mail, sent to the address indicated on the application or the last known address of the
appellant.
(d) The decision of the city manager on the appeal is final. No other
administrative procedures are provided by the city.
SECTION 10.
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 ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 11.
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 12.
Any person, f'm-n 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 13.
The City Secreta~ of the City of Southlake is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admiss~le in evidence in all
courts without further proof than the production thereof.
SECTION 14.
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 setting 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 15.
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
, 1996.
DAY OF
(~ITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON TItIS /~
, 1996.
DAY OF
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
di~'~ Attorney J~
FED. I.D. NO. 22 3148254
Star-Telegram
AD ORDER NO. 2060656
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. (ITS?
OSTATE OF TEXAS
ty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD ORDER NO. DESCRIPTION AD SIZE INCHTLINE RATE AMOUNT
7/06ME 2060656 NOTICE OF PUBLIC I358 ' 1x 51L 51 . 66 33. 66
07/06-07/06
NOTICEOF -------- ------------.__..----_..._-...___._...
PUBLIC HEARING
NOTICE IS HEREBY GIVEN
to all interested persons that
- - the City Council of the City of ---- — --------- ---- - -
Southlake, Texas, will be
holding.a public hearing dur-
ing the regular City Council
i Meeting to be held on July
I 16,1996 at 7:00 p.m.in the -.
. City Council Chambers of
the City Hall,667 North Car-
roll Avenue, Southlake, Tex-
as.
Purpose of the hearing is to
consider the second reading
of the following ordinance:
ORDINANCE NO.644
AN ORDINANCE OF THE CITY
OF SOUTHLAKE REQUIRING
REGISTRATION FOR PER- '
BUS WHOS ENGAGE INN THE
BUSINESS C OR PAINTING AD-
O DRESS NUMBERS ON SIG
STREET CURBS; PROVIDING
REGULATIONS- ESTABLISH-
.N.S ,•...)-• \_,NA
ING A REGISTRATION FEE;
PROVIDING A CUMULATIVE' 9 t h J U L Y 1996
SUBSCR l ERABILI YCLOAUSE PROMO= TO BEFORE ME, THIS THE DAY OF ,
ING A PENALTY FOR VIOLA-
TIONS PROVIDING FOR -•✓sti
PUBLICATION AND PROVID-
ING `� r�
ANEFFECTIVEDATE. `•—elh RHONDA R. GOKE Notary Public 1 /
SECTION 12. :0 `�.!f --
Any person, firm or corpora- Y' -- ). '�t�� )
bon who violates, disobeys, j•:. :Nf COMMISSION EXPIRES
-� to co, lyneglects or rho esre- r:. SEPTEMBER S 1999
'If ' comply with or who re- 4�i, }�% TARRANT COUNTY,TEXAS
-,� sists the enforcement of any yR ON'El
�, n theprovisionsl of thid ondi-ot t' `��"_�'M�s'�
Hance shall be fined not
more than Five Huindred Dol-
lars ($500.00) for each of-
PLEASE f n e.E cpeh day t ato vieola-IAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
st
shall consitute a separate of-
fense.
Cityty of Southlake ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT--------A
Sandra L.LeGrand •
City Secretary
Star-"I'elegrarri REMIT TO: 1110. 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
2060656 ACCOUNT CIT57 AMOUNT 33 . 66
NUMBER DUE
PAGE 1 OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
CITY OF SOUTHLAKE
• 667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 PLEASE PAY 1 33. 66
THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED. ID. NO. 22 3148254 AD ORDER NO
400W.SEVENTH STREET•F WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
STATE OF TEXAS
my of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
I DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL NCH/LINE RATE AMOUNT
7/19ME 2130595 ORDINANCE NO . 64 I358 1x 43L 43 .66 28. 38
07/19-07/19
ORDINANCE NO.644
AN ORDINANCE OF THE CITY
OF SOUTHLAKE REQUIRING
REGISTRATION FOR PER-
SONS WHO ENGAGE IN T E
BUSINESS OF PAINTING AD-
DRESS --. --- --- - - - -_-- -
NUMBERS ON
STREET CURBS;PROVIDING
ESTABLISH-
ING A REGULATIONS,'
S!RATION FEE'
PROVIDING A CUMULATIVL
CLAUSE' PROVIDING A SEV-'
ERABILITY CLAUSE.PROVID-
ING A PENALTY FOR VIOLA-
TIONS. PROVIDING FOR
PUBLICATION AND PROVID-
ING AN EFFECTIVE DATE.
SECTION 12.
- Any person, firm or corpora-
tion who violates, disobeys.
omits, neglects or refuses
o comply with Are
r who Ley-
.ists the enforcement of \
f the provisions of this ordi-
ance shall be fined not
ore than Five Hundred Dol-
lars SIG -- -
($500.00) for each of-
fense.Each day that a viola-
tion is permitted to exist,
SL shall constitute a separate WORN TO BEFORE ME, THIS THE 22nd DAY OF JULY , 996
offense.
PASSED AND APPROVED ®e...~.4..6. '�^+- 0 •
THIS THE 16TH DAY OF JU- "��
LY,1996 DURING THE REG- ;?Pwv P`bir�� RHONDA R. COKE Notary Public l
ULAR CI1'Y COUNCIL MEET- �' %�
ING.
/Rlk Stacy,Mayor .‘' '• COMMISSION EXPIRES "
SandST: '� \ ;1 SEPTEMBER 8 1999
Sandra L.LeGrand, #4qt /� iG
City Attorney '4��"oF' TARRANT COUNTY,TEXAS
APPROVED AS TO FORM:
1 CittyAttorneyOlson,
PLE SE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
411 k---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT A
Star-"I'elegraiti REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
2130595 ACCOUNT CIT57 AMOUNT 28.38
NUMBER DUE
PAGE 1 ()J IF ANY QUESTIONS, PLEASE CALL(817)390-7885
S
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE, TX 76092-9595 PLEASE PAY 28.38
THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED