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HomeMy WebLinkAboutOrdinance No. 2005-02 Title: An ordinance amending the City's Solicitors' ordinance to meet state and federal constitutional requirements with regard to religious, charitable and civic solicitations. ORDINANCE NO. '2005-02 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS BY DELETING THE DEFINITION OF NONCOMMERCIAL OR NONPROFIT PURPOSE OR CAUSE CONTAINED IN SECTION 18-76 T�IEREOF; BY ADDING A DEFINITION OF RELIGIOUS, CIVIC, OR CHARITABLE SOLICITATIONS TO SECTION 18-76 THEREOF; BY DELETING THE EXEMPTION FOR MINORS CONDUCTING FUNDRAISING ACTIVITIES FROM SECTION 18-77 (c) THEREOF; BY AMENDING SECTION 18-77 (d) THEREOF TO EXEMPT PERSONS CONDUCTING RELIGIOUS, CIVIC, OR CHARITABLE SOLICITATIONS; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH VIOLATION OF ANY PROVISION HEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. � � * * � WHEREAS, the City Council of the City of Friendswood, Texas desires to amend the ordinance of the City of Friendswood governing peddlers, solicitors, canvassers, and itinerant vendors to comply with the federal and state constitutions; now, therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The Code of Ordinances of the City of Friendswood, Texas is hereby amended by deleting the definition of noncommercial or nonprofit purpose or cause from Section 18-76 thereof and adding a definition of religious, civic, ar charitable solicitations to Section 18-76 thereof to read as follows: "Sec. 18-76. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commodities, goods or merchandise means personal property of any nature whatsoever. Crime involving moral turpitude means a conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of the licensed occupation, the determination of which shall be made in accordance with Vernon's Ann. Civ. St. arts. 6252-13c and 6252-13d. Itinerant vendor means any individual, firm, organization, or corporation, as well as its representatives, agents and employees, who engages in a business in the city of selling, or offering for sale, any goods or merchandise, or exhibiting goods or merchandise for sale, or for the purpose of taking orders for the sale thereof, who displays, exhibits, sells, or offers for sale such goods, merchandise or services upon or from a truck or other vehicle within the city, or who temporarily hires, rents, leases or occupies any room or space in any building, structure or other enclosure, or vacant lot in the city upon which such business is to be operated or conducted. This term shall not include individuals connected with a noncommercial or nonprofit purpose or cause, as that phrase is defined in this section. [Noncommercial or nonprofit purpose or cause means a purpose or cause not created, existing or espoused for the generation of a profit or the remuneration of individuals, including, but not limited to, the religious or charitable solicitation of contributions seeking political support or contributions, the promotion of civic causes, the promotion of conservation of resources or animals, or advocating a philosophy or religion.] Peddler means any individual, firm, organization, or corporation, as well as its representatives, agents and employees, who engages in the business in the city of selling, offering far sale, or exhibition for sale of any commodity or service, from house to house or from place to place and not from one established spot. Delivery of the commodity or service is made at the time of sale. Collection of the sales price at time of sale or later is immaterial. This term shall not include individuals connected with a noncommercial or nonprofit purpose or cause, as that phrase is defined in this section. 2 Reli�ious, civic, or charitable solicitation shall mean the seeking of support or contributions for political, reli�ious, charitable or civic causes, including without limitation the promotion of conservation of resources or animals, or advocating a philosophy or reli ig•on• Services means the performance of labor for the benefit of another or at another's command. Solicitor or canvasser means any individual, firm, organization or corporation, as well as its representatives, agents and employees, who engages in the business in the city of taking orders for future delivery of commodities or services, or solicits subscriptions, orders, contributions, or any kind of support, for remuneration or gain, from house to house or from place to place. This term shall not include individuals connected with a noncommercial or nonprofit purpose or cause, as that phrase is defined in this section. Temporary business means the business use of any real property in the city for which definite written arrangements with the owner have not been made for occupancy of the premises for a term in excess of 90 days. Definite arrangements would include, without being limited to, a lease agreement or other document conveying an enforceable right of occupancy." Section 2. The Code of Ordinances of the City of Friendswood, Texas is hereby amended by deleting the exemption for minors conducting fundraising activities contained in Section 18-77 (c) and redefining the exemption for persons conducting activities for or on behalf of a noncommercial or nonprofit purpose or cause contained in Section 18-77 (d) thereof to apply only to persons conducting religious, civic, or charitable solicitations, so that Section 18-77 is amended to read as follows: "Sec. 18-77. Ezemptions from article. (a) A peddler, solicitor, canvasser or itinerant vendor conducting activities on the property of another by the express, prior invitation of the owner thereof is exempt from the provisions of this article. (b) A vendor selling or exhibiting for sale commodities, goods, merchandise or services to persons engaged in the business of buying, selling and dealing in the same within the city is exempt from the provisions of this article. 3 [(c) Minors conducting fundraising activities, who represent an organization for the benefit of youths, including but not limited to Boy Scouts, Girl Scouts, little league groups, and school groups, are exempt from the coverage of this article.] ([d]c) Persons conducting [activities for or on behalf of a noncommercial or nonprofit purpose or cause] religious, civic, or charitable solicitations are exempt from the provisions of this article." Section 3. Any person who shall violate any provision of this Ordinance, or any provision contained in any code adopted hereby, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2000. Each day of violation of any such provision shall constitute a separate offense. Section 4. All ordinances or parts of ordinances inconsistent or in conflict herewith are,to the extent of such inconsistency or conflict, hereby repealed. Section 5. In the event any clause phrase, provision, sentence, ar part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on first reading this 6t"day of December,2004. 4 PASSED, APPROVED, AND ADOPTED on second and final reading this 3rd day of January ,2005. CITY OF FRIENDSWOOD, TEXAS � � �, �� F R�E��s K mball W. Brizendine � o Mayor � O v � * �'�� EST: Q,y F OF ��� � �_ • � Deloris McKenzie, TRMC City Secretary 5