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Item 7ACITY OF SOUTHLAKE MEMORANDUM (April 7, 2015) TO: Shana Yelverton, City Manager FROM: Stephen Mylett, Chief of Police Item 7A 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:Crrmes 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 Mylett, 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 SOUTH LAKE, 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 personally 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 listed 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 111, 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 I 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 I:ITiSIMI19]Miifti e , 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 DAY OF 2015. IL, ri/f\'[e]11 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney Solicitation Ordinance Amendments 2015 Page 10