Item 4DCITY OF
SOUTHLAKE
MEMORANDUM
(March 10, 2015)
TO: Shana Yelverton, City Manager
FROM: Stephen Mylett, Chief of Police
Item 4D
SUBJECT: Amendment to City Ordinance No. 850 regulating Canvassers, Handbill
Distributors, and Solicitors as well as the creation of a "No Knock" and
"Solicitors Welcome" lists.
Action
Requested:
Background
Information:
Approve revision to ordinance No. 850. This revision includes the creation of
a "No Knock" and a "Solicitors Welcome" list. It also contains a personal
safety requirement for solicitors to wear a traffic safety vest in order to make
the solicitor immediately recognizable to citizens and law enforcement.
The citizens of Southlake have indicated to staff and City leaders that the
presence of solicitors on private property has become a quality of life and
safety issue. Frequently, Southlake residents contact the Southlake Police
Department to report suspicious persons or suspicious activities in
neighborhoods which, at the conclusion of an investigation, involves
solicitors. This often occurs even though the solicitor is in compliance with
the current city ordinance. There have also been reported instances of
solicitors behaving in a manner that caused citizens to fear for their personal
safety. The below table is a breakdown of police service calls involving
solicitors for calendar year 2014:
Solicitor calls for service January 1, 2014 to December 31, 2014
Total Solicitor Calls
211
Total Permits Issued
123
Cleared with Citation
4
Cleared with Warning
26
Unable to Locate (UTL)
87
Cleared Inactive*
91
Cleared by Arrest
5
Source: Crimes Database
*Note: Cleared inactive status indicates the solicitor had a valid permit; or the
solicitor was gone upon officers arrival.
The proposed revision to City Ordinance No. 850 is consistent with
ordnances enacted by other Texas municipalities. The City of Colleyville, for
example, has reported great success with their "No Knock" ordinance
indicating that approximately 60% of their residents are actively listed on the
"No Knock/Solicitors Welcome" list.
Financial
Considerations: There are no costs associated with this request. The Southlake Police
Department will manage and oversee this initiative.
Strategic Link: The adoption of this amendment to City Ordinance No. 850 links to the City's
strategy map relative to the strategic focus area Safety and Security from the
perspective of serving our customers by (C1) achieving the highest
standards of safety and security. It also links to the City's strategy map
relative to the strategic focus area of Performance Management & Service
Delivery from the perspective of managing the business by (B6) Optimizing
the use of technology.
Legal
Review: This proposal has been reviewed by the City Attorney.
Alternatives: The City Council may approve or deny the proposed amendment to City
Ordinance No. 850.
Supporting
Documents: City Ordinance No. 850 with proposed language change highlighted in
yellow.
Staff
Contact: Stephen Myiett, Chief of Police
James Brandon, Assistant Chief of Police
ORDINANCE NO. 850
AN ORDINANCE AMENDING CHAPTER 13, PEDDLERS AND
SOLICITORS, OF THE CODE OF ORDINANCES OF THE CITY OF
SOUTHLAKE, TEXAS, AS AMENDED, BY PROVIDING FOR
REGULATION OF HANDBILL DISTRIBUTION AND PROVIDING
ADDITIONAL REGULATIONS FOR SOLICITATION AND CANVASSING
ACTIVITIES; PROVIDING FOR DEVELOPMENT AND MAINTENANCE
OF A NO -SOLICITATION LIST AND A SOLICITORS -WELCOME LIST
FOR RESIDENCES IN THE CITY; PROHIBITING SOLICITATION
ACTIVITY, CANVASSING ACTIVITY, AND HANDBILL DISTRIBUTION
AT RESIDENCES ON THE NO -SOLICITATION LIST; 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 the current regulations in
Chapter 13 of the Code of Ordinances do not address persons who leave handbills at
residences in the City without contacting the owner or occupant; and
WHEREAS, the City Council has determined that handbill distributors can intrude
on the privacy interests of residence and should also be regulated to control litter and
prevent unwanted and unsightly accumulation of handbills at residences; and
WHEREAS, the City Council has determined that solicitation and other types of
activity, including handbill distribution, 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 that a resident should have the
option to express their desire to allow or prohibit all solicitation, canvassing, and handbill
distribution at their residence; 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
Solicitation Ordinance Amendments 2015 Page 1
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 13-1, Purpose and Intent, of Article I, General Provisions, 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. 13-1. 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, canvassing, and handbill distribution at
residences during the times when such activity is most intrusive and
disruptive to citizens' privacy;
(2) prohibiting door-to-door solicitation, canvassing, and handbill distribution at
residences where the owners or occupants have expressed a desire to
prohibit such activity at their residence;
(3) regulating the locations where solicitation activity may occur to promote
safety and minimize congestion;
(4) regulating the manner in which any solicitation activity, canvassing activity,
and handbill distribution may occur to promote safety, good order, protect
residential privacy interests, control litter and accumulation of handbills, and
protect people from aggressive and intimidating practices; and
(5) requiring solicitors to obtain permits from the City to aid crime detection and
deter deceptive practices and fraud.
SECTION 2.
That Section 13-2, Definitions, of Article I, General Provisions, of Chapter 13,
Solicitors and Canvassers, of the Code of Ordinances of the City of Southlake, Texas, is
Solicitation Ordinance Amendments 2015 Page 2
hereby amended to delete the definition of Director; to insert a definition of the term Police
chief immediately after the existing definition of Permanent structure; to insert a definition
of the term Handbill distribution immediately after the existing definition of Handbill; and to
insert a definition of the term Traffic safety vest, at the end of the section, the new
definitions to read as follows:
Sec.13-2. Definitions.
In this chapter:
Handbill distribution means traveling either by foot or vehicle, going door-to-door,
house -to -house, or building -to -building without personalty contacting persons to
distribute or leave on or at each premises handbills for any purpose.
Police chief means the police chief of the city or the police chief's designated
representative.
Traffic safety vest means a high -visibility vest made of fluorescent orange or yellow
material that may be clearly seen at any time of the day."
SECTION 3.
That Article I, General Provisions, of Chapter 13, Solicitors and Canvassers, of the
Code of Ordinances of the City of Southlake, Texas, is hereby amended by adding a new
Section 13-3, Exemptions, to read as follows:
Sec.13-3. Exemptions.
(a) This chapter does not apply to:
(1) the activity of a person with an appointment calling upon or dealing with
Solicitation Ordinance Amendments 2015 Page 3
manufacturers, wholesalers, distributors, brokers or retailers at their place
of business and in the usual course of business;
(2) the activity of a person acting at the request or invitation of the owner or
occupant of a residence;
(3) sales made under the authority of and by judicial order; or
(4) the activity of a government employee acting within the course and scope of
their official duties serving, delivering or posting official notices including
notices of code violations, water restrictions, utility outages, burn bans,
special event impacts or security issues.
(b) It shall be an affirmative defense to prosecution for any offense under this chapter
that the activity of the defendant is fisted in subsection (a).
SECTION 4.
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, canvassers, and handbill distribution.
(a) A person commits an offense if the person engages in solicitation activity,
canvassing activity, or handbill distribution 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
(3) at any time, if the address of the residence is on the no -solicitation list
developed and maintained under section 13-25.
(b) A person commits an offense if the person engages in solicitation activity,
canvassing activity, or handbill distribution 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 activity, canvassing activity, and handbill distribution 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 Amendments 2015 Page 4
(c) A person who is not the owner or tenant of a premises commits an offense if the
person removes, defaces or otherwise renders illegible a sign placed by the owner or
tenant of the premises pursuant to subsection (b).
(d) A person commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution 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 activity,
canvassing activity, or handbill distribution 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, canvasser, or handbill distributor, 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.
(f) A person commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution and distributes, deposits, places, throws,
scatters, or casts a handbill at a residence except by:
(1) handing or transmitting the handbill directly to the owner or occupant then
present in or on the premises; or
(2) without using adhesive or tape, placing or depositing the handbill in a
manner that secures the handbill and prevents it from being blown away;
provided, however, that mailboxes may not be used when prohibited by
federal postal laws or regulations.
(g) A person commits an offense if the person secures a handbill at a residence in the
manner described by subsection (f)(2):
(1) in a place that is more than five (5) feet from the front door of the residence;
or
(2) when another handbill has already been left or secured at the residence
Solicitation Ordinance Amendments 2015 Page 5
and has not been removed from the outside of the residence.
(h) A person commits an offense if the person engages in solicitation activities,
canvassing activities or handbill distribution without wearing a traffic safety vest.
SECTION 5.
That Article Ill, Regulations, of Chapter 13, Solicitors and Canvassers, of the Code
of Ordinances of the City of Southlake, Texas, is hereby amended by adding a new
Section 13-25, No -solicitation and solicitation -welcome lists, to read as follows:
Sec. 13-25. No -solicitation and solicitation -welcome lists.
(a) The police chief shall develop and maintain a list of residences where the owners
or occupants of the listed residences desire to prohibit solicitation activity, canvassing
activity, and handbill distribution at the residence. The list shall be called the
no -solicitation list.
(b) The police chief shall develop and maintain a list of residences where the owners
or occupants of the listed residences desire to allow solicitation activity, canvassing
activity, and handbill distribution at the residence. The list shall be called the
solicitation -welcome list.
(c) Any owner or occupant of a residence may elect to add their residence to or
remove their residence from the no -solicitation list or the solicitation -welcome list;
provided, however, that no residence can appear simultaneously on both lists. The
owner or occupant of a residence making a request under this subsection shall be
required to affirm that they are an owner or occupant of the residence, and that they are
making the request on their behalf and on behalf of all other occupants at the residence.
(d) The police chief shall:
(1) develop procedures for adding and removing residences from each list; and
(2) develop procedures, policies, or practices to ensure the lists accurately
reflect the desire of the current owner or occupant of each residence; and
(3) make both lists available on the City's website and to any person upon
request.
(e) The procedures, policies, or practices the police chief must develop to ensure the
Solicitation Ordinance Amendments 2015 Page 6
lists accurately reflect the desire of the current owner or occupant of each
residence may include:
(1) a policy that a request under subsection (c) must be renewed annually, e.g.,
that residences will be automatically removed from both lists at the end of
each calendar year unless a new request to retain a residence on a list for
the new calendar year is received within a certain time period before the
end of an existing calendar year; and
(2) a policy that a residence will be automatically removed from a list if the city
receives utility billing or other information indicating that the owner or
occupant of the residence has changed since the most -recent request
under subsection (c).
(f) The police chief shall provide copies of the no -solicitation and solicitors -welcome
lists to each person issued a solicitor, s permit under this chapter.
SECTION 6.
That Chapter 13 of the Code of Ordinances of the City of Southlake, Texas, is
hereby amended by deleting the term director throughout the chapter and replacing it with
the term police chief.
SECTION 7.
That the title and heading of Chapter 13 of the Code of Ordinances of the City of
Southlake, Texas, is hereby amended to read Chapter 13 - Solicitors, Canvassers, and
Handbill Distribution.
SECTION 8.
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.
Solicitation Ordinance Amendments 2015 Page 7
SECTION 9.
SEVERABILITY
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 10.
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 11.
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 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
Solicitation Ordinance Amendments 2015 Page 8
be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 12.
PUBLICATION
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 13.
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
.2015.
MAYOR
ATTEST:
CITY SECRETARY
Solicitation Ordinance Amendments 2015 Page 9
PASSED AND APPROVED ON SECOND READING ON THIS
, 2015.
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
DAY OF
Solicitation Ordinance Amendments 2015 Page 10