O-2079-8-02ORDINANCE NO.2079-8-02
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING CHAPTER 8, ARTICLE III, SECTION 8-61 (7),(17)
AND (18) TO AMEND THE DEFINITIONS OF HOME SOLICITATION,
SOLICITATION AND SOLICITATION OF FUNDS; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO
EXCEED THE SUM OF FIVE HUNDRED ($500) DOLLARS; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, be and is hereby
amended by amending Chapter 8, Article III, Itinerant Merchants, Peddlers, Etc., section 8-61 (7),(17) and
(18) in part to read as follows:
"ARTICLE III. ITINERANT MERCHANTS, PEDDLERS, ETC.
DIVISION 1. GENERALLY
' Sec. 8-61. Definitions.
The following words and phrases, when used in this article, shall have the meanings
ascribed to them by this section, except where the context indicates otherwise:
" (7) Home solicitation means soliciting in person or by telephone call from house to
house for the purposes of selling or attempting to sell goods, merchandise, wares,
services or anything of value or to take or attempt to take orders for the future delivery of
goods, merchandise, wares, or any personal property of any nature whatsoever, or to take
or attempt to take orders for services to be famished or performed in the future"
"(17) Solicitation, soliciting, solicited or any other form of the word solicit means the act
of asking, bartering, or communicating in any other such manner, whether orally, by
written and or printed material including but not limited to handbills or leaflets, hand
signing or by any other method, direct or implied, by an individual or group of
individuals for the purpose of, receiving or obtaining money, or items of value, real or
intrinsic for said individual or group of individuals, an organization, joint venture, joint
stock company, partnership, club, company, corporation, business, trust, or any other
organization or affiliate thereof, and includes a home solicitation and home solicitation
transaction."
(18) Solicit funds or solicitation of funds shall mean any home solicitation transaction;
any request for money, property, or anything of value, or the pledge of a future
' payment of money, or delivery of property, or anything of value; or the selling or
offering for sale of any property, real or personal, tangible or intangible, whether of
value or not, including, but not limited to, goods, books, pamphlets, tickets,
publications or subscriptions to publications. Expressly excluded from the meaning
of "solicit funds" or "solicitation of funds" is any offer of membership in any
organization. A solicitation of funds is complete when the solicitation is
communicated to any individual then located within the corporate limits of the city.
SECTION 2. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 3. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of
flus ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said
ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. Any person, firm or corporation that violates any of the provisions a terms of this ordinance
shall be subject to penalty and upon conviction shall be punished by a fine not to exceed five hundred dollars
($500).
SECTION & An offense committed beforethe effective date of this ordinance is govemed by prior law and
the Code of Ordinances of the City of Allen, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 1Sm DAY OF AUGUST. 2002.
APPROVED:
IN
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, MY ATTORNEY JadyMorrisUh, CMC/MMCA, CITY SECRETARY
Ordinance No. 2079-&02, Page 2