O-2049-5-02ORDINANCE NO. 2049-5-02
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING CHAPTER S, ARTICLE III TO ESTABLISH
REGULATIONS FOR PEDDLERS AND SOLICITORS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, be and the same is
hereby amended by amending Chapter 8, Article III to read as follows:
"ARTICLE HL ITINERANT MERCHANTS, PEDDLERS AND SOLICITORS
DMSION 1. GENERALLY
See. 8-61.
Definitions.
The following words and phrases, when used in tins article, shall have the meanings
ascribed to them by this section, except where the context indicates otherwise:
'
(1)
Charitable purpose means philanthropic, religious or other nonprofit objectives,
including the benefit of poor, needy, sick, refugee or handicapped persons; the
benefit of any church or religious society, sect, group or order; 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.
"Charitable purpose" shall not be construed to include any direct benefit to the
individual making the solicitation, to include the benefit of any political group a
political organization which is subject to financial disclosure under state or federal
law.
(2)
Consumer means an individual who seeks or acquires real or personal property,
services, money, or credit for personal, family or household purposes.
(3)
Consumer transaction means a sales transaction in which one or more of the
parties are a consumer.
(4)
Handbill means and includes any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or
otherwise reproduced original or copies of any matter or literature.
(5)
Handbill distributor means and includes any person engaging or engaged in the
business for hire or gain of distributing handbills, other than newspapers
distributed to subscribers thereof, and any person receiving compensation directly
or indirectly for the distribution of such handbills.
(6)
Handbill sponsor means and includes any person, firm or corporation who utilizes
handbills as a medium of advertising or spreading a message.
(7) Home solicitation means canvassing or 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 fm 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 furnished or performed in the future.
(8) Home solicitation transaction means a consumer transaction for the purchase of
goods, services, or realty, payable in installments or in cash, in which the merchant
engages in a personal solicitation of the sale to the consumer at a residence, in
(16) Residential street means a thoroughfare, collector or local street abutting
residential property.
' (17) Solicitation, soliciting, solicited or any other form of the word solicit means the act
of asking, begging, bartering, pleading 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
Ordinance No. 2049-502, Page 2
person or by telephone, and the consumer's agreement in offer to purchase is
given at the residence to the merchant in person or by telephone. A home
solicitation transaction shall not include a sale made pursuant to a preexisting
revolving charge account or retail charge agreement, or a sale made pursuant to
prior negotiations between the parties at a business establishment at a fixed
location where goods or services are offered or exhibited for sale; or a sale of
realty in which transaction the purchaser is represented by a licensed attorney or in
which the transaction is being negotiated by a licensed real estate broker.
(9)
Individual means a natural person.
(10)
Itinerant vendor means any person who sets up and operates a temporary business
an privately owned property, whether improved or unimproved, in the city,
soliciting, selling, or taking orders for, or offering to sell or take orders for any
goods or services. A temporary business is one that continues for forty-five (45)
days m less; and, exists whether solicitation is from a stand, vehicle, or
freestanding. Any business that exists more than forty-five (45) days shall be
deemed to be a permanent occupancy and is required to obtain a certificate of
occupancy from the building inspection department.
(11)
Job placement activities mean any request, offer, enticement, or action which
announces the availability for, or of employment, m seeks to secure employment.
"Job placement activities" shall be deemed complete when made whether or not an
actual employment relationship is created.
(12)
Merchant means a party to a consume transaction other than a consumer.
(13)
Person means an individual, corporation, trust, partnership, association or any
other legal entity.
(14)
Public right-of-way means the traveled portion of a roadway, traffic medians and
the area that is within 10 feet of the curb line. In absence of a curb line, the area
within 10 feet of the shoulder of a road or highway.
(15)
Residence means any separate living unit occupied for residential purposes by one
m more persons, contained within any type of building or structure.
(16) Residential street means a thoroughfare, collector or local street abutting
residential property.
' (17) Solicitation, soliciting, solicited or any other form of the word solicit means the act
of asking, begging, bartering, pleading 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
Ordinance No. 2049-502, Page 2
implied, by an individual or group of individuals for the purpose of educating,
promoting, receiving or obtaining money, alms, gifts or items of value, real or
' intrinsic for said individual or group of individuals, or for profit organization, a
non-profit organization, joint venture, joint stock company, partnership, club,
company, corporation, business, trust, establishment, religious institution or
religion association, or any other organization or affiliate thereof, and includes a
home solicitation and home solicitation transaction.
(18) Solicit funds or solicitation of funds mean any home solicitation transaction; any
request for the donation of money, property, or anything of value, or the pledge of
a future donation of money, property, or anything of value; or the selling or
offering for sale of any property, real or personal, tangible or intangible, whether
of value a 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.
Sec. 5-62 Solicitation in public right-of-way.
(a) A person may solicit in or upon the public right-of-way, except those areas prohibited
in this Article, provided such person has obtained a permit or is a member of an organization
that has obtained a permit.
(b) Solicitation in the public right-of-way shall be conducted only during the hours of
daylight, that is '/x hour after sunrise and %s hour before sunset.
(c) It shall be unlawful for a person younger than eighteen (18) years of age to solicit in
the public right-of-way.
(d) It shall be unlawful for a solicitor at any time to enter or remain in the traveled
portion of the roadway of residential streets so that their presence impedes the flow of traffic.
(e) It shall be unlawful for a solicitor at any time to enter or remain in the traveled
portion of the roadway; except on residential streets.
(1) It shall be unlawful for a person to solicit in the public right-of-way that is within one
thousand (1,000) feet of any public or private elementary or secondary school between the
hours of 7:30 a.m. and 4:30 p.m. on days when such school is in session. The measurement
of the distance shall be from the nearest property line of the public or private elementary or
secondary school.
Sec. 8-63. Solicitation in specified public right-of-ways prohibited.
(a) It shall be unlawful for any person to solicit, at any time, in the public rights-of-way,
within 1000 feet of the following intersections:
Ordinance No. 2049-502, Page 3
(1) SH S (Greenville Avenue) at its intersection with:
'
(i) Stacy Road
(ii) Exchange Parkway
(iii) Bethany Drive
(iv) Main Street
Ordinance No. 2049-502, Page 3
(3) Exchange Parkway at its intersection with:
(i) US 75 (Central Expressway)
(ii) SH 121
(iii) Watters Road
(iv) Ridgeview Drive
(v) SH 5 (Greenville Avenue)
(vi) Allen Heights Drive
(vii) Angel Parkway
(viii) Alma Drive
(4) McDermott Drive at its intersection with:
(v) Chaparral Road
US 75 (Central Expressway)
(vi) Jupiter Road
'
(1) Stacy Road at its intersection with:
(i) US 75 (Central Expressway)
Alma Drive
(ii) SH 121
(iv)
(iii) Watters Road
(iv) Ridgeview Drive
Allen Drive
(v) SH 5 (Greenville Avenue)
(vi)
(vi) Allen Heights Drive
(vii) Angel Parkway
(3) Exchange Parkway at its intersection with:
(i) US 75 (Central Expressway)
(ii) SH 121
(iii) Watters Road
(iv) Ridgeview Drive
(v) SH 5 (Greenville Avenue)
(vi) Allen Heights Drive
(vii) Angel Parkway
(viii) Alma Drive
(4) McDermott Drive at its intersection with:
(J) Bethany Drive at its intersection with:
(i) US 75 (Central Expressway)
(ii) Watters Road
(iii) SH 5 (Greenville Avenue)
(iv) Allen Heights Drive
(v) Alma Drive
(vi) FM 2551
(6) Main Street (FM 1170) at its intersection with:
(i)
US 75 (Central Expressway)
'
(ii)
Watters Road
(iii)
Alma Drive
(iv)
Custer Road
(v)
Allen Drive
'
(vi)
Cedar Drive
(J) Bethany Drive at its intersection with:
(i) US 75 (Central Expressway)
(ii) Watters Road
(iii) SH 5 (Greenville Avenue)
(iv) Allen Heights Drive
(v) Alma Drive
(vi) FM 2551
(6) Main Street (FM 1170) at its intersection with:
(i) Hedgcoxe Road
(ii) McDermott Drive
Ordinance No. 2049-502. Page 4
(i)
Allen Heights Drive
(ii)
SH 5 (Greenville Avenue)
(iii)
Angel Parkway
(iv)
Jupiter Road
(v)
FM 2551
'
(7) Custer Road at its intersection with:
(i) Hedgcoxe Road
(ii) McDermott Drive
Ordinance No. 2049-502. Page 4
(9) Watters Road at its intersection with:
(1)
(iii)
Ridgeview Drive
McDermott Drive
(iv)
SH 121
'
(8) Alma Drive at its intersection with:
(v)
(i)
Hedgcoxe Road
SH 121
(ii)
Bethany Drive
(iii)
McDermott Drive
(iv)
Exchange Parkway
(v)
Ridgeview Drive
(vi)
SH 121
(9) Watters Road at its intersection with:
(1)
Bethany Drive
(ii)
McDermott Drive
(iii)
Exchange Parkway
(rv)
Stacy Road
(v)
Ridgeview Drive
(vi)
SH 121
(10) Allen Heights Drive at its intersection with:
(i)
Chaparral Drive
(ii)
Bethany Drive
(iii)
(iv)
Main Street
Exchange Parkway
(v)
Stacy Road
(11) US. Highway 75 at its intersection with:
(i)
Bethany Drive
(ii)
McDermott Drive
(iii)
Exchange Parkway
(iv)
Ridgeview Drive
(v)
Stacy Road
(vi)
SH 121
(12) Chaparral Road at its intersection with:
(i) Allen Heights
(ii) Jupiter Road
(iii) SH 5 (Greenville Avenue)
(13) Angel Parkway at its intersection with:
(i) Main Street
(ii) Exchange Parkway
(iii) Stacy Road
' (14) Jupiter Road at its intersection with:
(i) Chaparral Drive
(ii) Bethany Drive
Ordinance No. 2049-5-02. Page 5
(iii) Main Street
(iv) SH 5 (Greenville Avenue)
(15) FM 1551 at its intersection with:
(i) Bethany Drive
(it) Main Street
Sec. 8-64. Solicitation and handbill distribution on private property.
(a) It shall be unlawful for any person to conduct home solicitation without first
obtaining a permit as prescribed by this Article.
(b) It shall be unlawful for any person directly or through an agent to distribute or cause
to be distributed, deposited or placed, thrown or scattered any handbill in or upon any
premises within the corporate limits of the city, without fast having a permit as prescribed by
this article.
(c) All solicitation on private property, including the distribution of handbills, shall occur
only during the time that is %, hour after sunrise and '/, hour before sunset, except when the
solicitor is on the property by the express prior invitation of the owner or occupant of the
property.
(d) It shall be unlawful for any person, handbill distributor or handbill sponsor, to
distribute or cause to be distributed, deposited, placed, thrown, scattered, or cast any handbill
upon any private premises which are inhabited and which are not posted as provided by this
article except by banding or transmitting such handbill directly to the owner, occupant, or any
other person then present in or upon such private premises, or by placing or depositing the
same in a manner to secure and to prevent such handbill from being blown or drifting about
such premises, except that mailboxes may not be used when prohibited by applicable federal
or state law.
(e) It shall be unlawful for any person to distribute or cause to be distributed, deposited,
placed, thrown, scattered or cast any handbill upon any premises if requested by the owner or
any occupant thereof not to do so, or if there is placed on such premises in a conspicuous
place upon or near the main entrance to the premises, a weatherproof card, not less than three
(3) inches by four (4) inches in size bearing the words "no trespassing," "no peddlers," "no
advertisements," "no solicitation," "no handbills," or any similar notice indicating in any
manner that the occupants of such premises do not desire to have any such handbills left upon
such premises. The letters on such cards shall be not less than two-thirds (2/3) of an inch in
height.
(f) No person shall go upon any residential premises and ring the doorbell, or rap or
knock upon the door or create any sound in a manner calculated to attract the attention of the
occupant of the residence for the purpose of securing an audience with the occupant and
engaging in or attempting to engage in a solicitation, if a card described in subsection (e)
above is exhibited in a conspicuous place at or near the main entrance of the residence, unless
at the request of the owner or occupant.
' (g) No person, other than the occupant of the premises, shall remove, deface or render
illegible a card placed by the owner or the occupant under subsection (e) and (f) above.
Ordinance No. 2049-5-02, Page 6
(h) Any person who has gained entrance to a premises or an audience with the occupant,
whether invited or not, shall immediately depart such premises when requested to leave by
the occupant.
(i) No person shall engage in or attempt to engage in any mobile vending operation
involving food products unless such person has in such person's immediate possession a valid
permit required under this article and health permit issued by the City.
0) No person shall engage in or attempt to engage in any mobile vending operation
involving food products on any public street other than a residential street, or on any street
which includes four or more marked traffic lanes or within the limits of any city park.
(k) Any person engaged in or who attempts to engage in mobile vending operations
involving food products shall stop such person's motor vehicle only in immediate response to
a direct request from a potential customer and for a period not to exceed 15 minutes.
0) All persons engaged in mobile vending operations involving food products shall
comply with all traffic laws and parking regulations. Sales and deliveries of products shall
not be made from any part of the vehicle away from the curb.
Sec. 5-65. Display of identification cards.
(a) The person(s) in charge of conducting the solicitation shall provide all solicitors
involved in the solicitation with an identification card prescribed by the City, that is to be
clearly displayed and recognizable, by any person, at any time, that identifies who the
' solicitor is and for whom the solicitor is soliciting. It shall be unlawful for any solicitor to
fail or refuse to show or display such identification card upon the request of any person, or to
display an identification card issued to another.
(b) The City shall prescribe the form for identification cards for persons engaged in
solicitation. Each such identification card shall bear the name of the applicant, the
application number, the name of the person or agent, the expiration date of the permit, and it
shall have printed prominently thereon in red: "The identification card is not an endorsement
of the solicitation by the City of Allen or any of its officers or employees. It is your duty to
verify all information given to you by this solicitor."
(c) The applicant for the permit required under this Article shall at the time application is
made provide, by a separate list, the names and addresses of all agents or employees for
whom identification cards are to be issued. The applicant shall pay a fee for each
identification card that is issued in an amount established by the City Council by resolution
from time to time.
Sec. 8-66. Display of permit to solicit.
The person(s) in charge of conducting the solicitation shall provide each solicitor with a
copy of the permit issued by the City as prescribed by this Article. It shall be unlawful for
any person to engage in solicitation without having a copy of the permit required by this
article in such person's immediate possession while engaged in such solicitation. It shall be
unlawful for any person engaged in a solicitation to fail or refuse to show or display such
' copy of the permit upon the request of any person, or to display a permit issued in the name
of another person.
Ordinance No. 2049-5.02, Page 7
Sec. 867. Solicitation for other purpose.
' It shall be unlawful for any person(s) to solicit in the City for a purpose other than that set
out in the application upon which the permit was issued.
Sec. 868. Permit; Fee.
It shall be unlawful for any person to solicit or distribute handbills within the City
without first obtaining a written permit from the City Police Department. Every application
shall be accompanied by a non-refundable permit fee established by resolution of the City
Council, from time -to -time. A permit fee shall be charged for each person engaged in a
solicitation.
Sec. 869. Permit application.
(a) A person who desires to solicit or distribute handbills within the City shall make
written application with the City's Police Department on a form provided by the City. Such
application shall contain at a minimum the following:
(1) The full and legally recognized names and any associated aliases, logos,
nicknames, and abbreviated names of the entity or person applying for the
permit;
(2) If the purpose of the solicitation is for the distribution of handbills, the name of
the handbill distributor and handbill sponsor;
(3) Whether the person applying is an individual, partnership, corporation or
association, and:
(i) The business or residence address and telephone number of the applicant;
(ii) If a partnership, the names of all partners and the principal business
address and telephone number of each partner;
(iii) If a corporation, the person applying shall state whether it is organized
under the laws of this state or is a foreign corporation, and must include
the mailing address, business address, telephone number, name of the
individual in charge of such corporation, and, if a foreign corporation, the
place of incorporation;
(iv) If an association, the application shall state the association's principal
business address and telephone number, if any, and shall state the names
and principal business or residence addresses and telephone numbers of all
members of the association unless in excess of ten (10) members, in which
event the application shall so state and the application must contain the
name and principal business or residence addresses and telephone
numbers of the officers and directors or trustees of the association. If the
association is a part of a multi -state organization or association, the
application shall state the mailing address and business address of its
central office, in addition to the mailing address and business address of
the local office.
(4) The names, marling address and telephone number of all individuals who will
be in direct charge or control of the solicitation;
Ordinance No. 2049-502, Page 8
(5) The time period and dates during which the solicitation is to be made the date of
the commencement of solicitation and its projected conclusion, and how often
the applicant will solicit during the year•,
(6) A description of the methods and means by which the solicitation is to be
accomplished;
(7) The nature of merchandise to be sold or offered for sale, or the nature of the
services to be furnished;
(8) Whether such applicant, upon any such order so obtained, will demand, accept
or receive payment or deposit of money in advance of final delivery;
(9) A statement to the effect that if a permit is granted, such permit will not be used
as or represented to be an endorsement by the City or any of its officers or
employees;
(10) Any other information which the city deems necessary for the administration of
this Article.
(b) The application must be signed by the applicant, if the person applying is an
individual if the applicant is a partnership, by the partner charged with disbursing funds
solicited; if a corporation or an association, by the officer charged with disbursement of the
funds solicited. The individual signing the application shall sign the application and swear
before an officer authorized to administer oaths that such person has carefully read the
application and that all the information contained therein is true and correct.
(c) The application information provided by applicant will be subject to verification by
the police department.
(d) The application shall also contain satisfactory written proof of the individual's
authority to represent the applicant.
(e) The application must be accompanied by a copy of a valid state sales tax certificate,
if applicable.
(t) The application shall be accompanied by the nonrefundable permit fee. No permit
shall be issued until such fee has been paid by the applicant.
Sec. 8.70. Exemption from permit fee.
A permit fee shall not be required of.
(a) Duly authorized, nonprofit charitable organizations, that are registered as such with
the Secretary of State for the State of Texas;
(b) Ordinary commercial travelers who sell or exhibit for sale goods, wares or
merchandise to persons selling and dealing in the same within the city;
' (c) Persons offering for sale agricultural products, meats, poultry, or other articles of
food grown or produced by such persons; or
(d) Individuals operating under a license granted by this state.
Ordinance No. 2049-5-02, Page 9
Sec. 8-71. Permit issuance, duration and form.
' (a) A permit applied for under this Anccle shall be issued by the city police department
within ten (10) days after a completed permit application is filed, unless it is determined that
the applicant has provided false or incomplete information.
(b) A permit applied for under this Article shall be issued for the length of time
requested, not to exceed 30 days. Permits for handbill distribution shall be exempt from this
time limitation.
(c) The City shall prescribe the form of the permit. Each such permit shall be printed in
black except that the following shall be printed prominently thereon in red: "The issuance of
this permit is not an endorsement by the City of Allen or any of its officers or employees."
Each permit shall bear a permit number which is the same as the file containing the
application filed by the same applicant.
See. 8-72. Denial or revocation of permit to solicit.
A permit required under this Article may be denied or revoked, and the person prohibited
from reapplying for the period covered by the original application, when it has been
determined that:
(1) An applicant has knowingly given false or misleading information in an application;
(2) A permit holder is charged and subsequently convicted of theft or fraud, or a
violation of any city, state, or federal law, in connection with a solicitation in the
City;
(3) A permit holder has made, or caused to be made, false statements or
misrepresentations to any member of the public with regard to the solicitation;
(4) A permit holder violates any provision of this Article; or
(5) A permit holder creates a traffic or safety hazard to themselves or others.
Sec. 8-73. Appeal from denial or revocation of permit to solicit.
A person denied a permit or who has had a permit revoked, may appeal that action to the
City Manager, or designee, by submitting a letter to the City Secretary within ten (10) days of
the complained action. A hearing on such appeal will then be scheduled within seven (7)
days after the receipt of the appeal, with the hearing to be held within fifteen (15) days after
receipt of the appeal. The City Manager, or designee, shall render a decision on the appeal
within three (3) days after the date of the hearing which shall be final.
Sec. 8-74. Supervision of child solicitors
It shall be unlawful for any person to use children thirteen (13) years of age or less for
any type of solicitation or handbill distribution purposes unless said children are actively
supervised by a person at least eighteen (18) years of age, who has been issued a permit under
' this Article, or who is the agent of the permittee. In all cases the supervising person shall be
within one hundred (100) yards of the child solicitor.
Ordinance No. 2049-5-02. Page 10
Sec. 8-75. Prohibition of job placement activities in unauthorized locations.
' (a) No person shall engage in or attempt to engage in job placement activities in an
unauthorized location. This section shall not apply to job placement activities concerning
employment or business for the owner or tenants of the premises.
(b) This section shall apply only to locations that has a notice posted in both English and
Spanish in a conspicuous place at each entrance and exit to such location not less than
eighteen (18) inches by twenty-four (24) inches in size with lettering not less than one (1)
inch in height and not to exceed, in total area, six (6) square feet, substantially the following
form:
It is unlawful to engage injob placement activities on these premises.
Sec. 8-76 - 95. Reserved for future use."
SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and
the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict
herewith shall remain m full force and effect.
SECTION 3. 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 4. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former
law is continued in effect for this purpose.
SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall
be subject to the same penalty as provided for in Code of Ordinances of the City of Allen, as previously amended,
and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500) for each
offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of
caption 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 16" DAY OF MAY, 2002.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTONEY Ju Mor n, CMC/AAE, CITY SECRETARY
Ordinance No. 2049-5-02, Page 11