HomeMy WebLinkAboutOrdinance No. 86-05 ' • R
ORDINANCE N0. 86-5
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF FRIENDSWOOD, TEXAS, BY DELETING SECTIONS
11-17, 11-18, AND 11-19 OF ARTICLE II OF CHAPTER 11
THEREOF AND SUBSTITUTING THEREFOR NEW SECTIONS 11-17,
11-18, AND 11-19; PROVIDING FOR THE FILING OF
REGISTR.ATION STATEMENTS BY PEDDLERS, SOLICITORS,
CANVA�SERS, AND ITENERANT VENDORS WITH THE CHIEF OF
POLICE; PROVIDING THAT REGISTRATION CERTIFICATES SHALL
BE ISSUED WITHIN FIFTEEN (15j WORKING DAYS FROM DATE
OF APPLICATION OF QUALIFIED APPLICANTS ; PROVIDING FOR
SEVERABILITY; AND PROVIDING A PENALTY OF AN AMOUNT NOT
TO EXCEED $200.00 FOR EACH DAY OF VIOLATION OF ANY
PROVISION HEREOF.
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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 all of
Sections 11-17 thru 11-19 of Article II of Chapter 11 , which
provides as follows :
[Section 11-17. REGISTRATION STATEMENT. Prior to
commencement o business and re ate activities by any peddler,
solicitor, canvasser, or itinerant vendor, a registration
statement shall be completed on a form provided by the City
Secretary for that purpose, stating the following :
(1) Name of applicant (person who completes the
registration statement) .
(2) Height, weight, sex, aiid hair color, of applicant.
(3) A recent color or black and white photograph of the
applicant, no larger than two (2) inches by two (2)
inches .
(4) Social security number of applicant .
(5) Permanent home address , and local address , if
different .
(6) Applicant ' s driver' s license number and state of
issuance. The City Secretary shall verify this
information from the applicant ' s license. If the
applicant has no driver' s license other identification
shall be provided.
(7) Name of individual , firm, company, or organization
represented, if any, and the permanent address and
local address of any individual, firm, company, or
organization represented.
(a) The last four (4) communities in which
business was conducted by the individual,
firm, company or organization represented
shall be listed, with the period (beginning
and ending month/year) business was
conducted in each community listed ; and
(b) If said applicant, or individual , firm,
company, or organization represented is a
CORPORATION incorporated under the laws of
the State of Texas , the corporation shall
provide a certified copy of the charter or
articles of incorporation; or
(c) If said applicant , or individual, firm,
company, or organization represented is a
CORPORATION incorporated under the laws of a
state other than Texas, the corporation
shall provide a certified copy of its
certificate of authority to do business in
the State of Texas .
(8) Description, vehicle license number, and state of
registration of each vehicle, if any, that will be
operated under the registration certificate being
applied for.
(9) The name, height, weight, sex, hair color, social
security number, permanent home address , and driver' s
license number and state of issuance, for each
individual who wili be involved in business under the
registration certificate. If an individual has no
driver' s license other identification shall be
provided.
(10) Prior to issuance �f the registration certificate and
identification cards provided for in Sections 11-18
and 11-19 hereof, each individual whose name is listed
by the applicant shall present his driver' s license or
other identification in person to the City Secretary
for verification of the information provided by the
applicant .
(11) A recent color or black and white photograph of each
individual who is listed by the applicant, no larger
than two (2) inches by two (2) inches .
(12) A description of the business and related activities
to be conducted.
�13) Character and description of commodities , goods ,
merchandise, or services to be offered for sale.
(14) Location or locations from which business and other
activities will be conducted.
(15) Prior to issuance of the registration certificate and
identification cards provided for in Sections 11-18
and 11-19 hereof, the applicant, and each individual
whose name is listed by the applicant, shall answer on
the registration statement, or on an attachment
thereto, whether he has ever been convicted of a
felony or a misdemeanor involving moral turpitude.
(16) Prior to issuance of the registration certificate and
identification cards provided for in Sections 11-18
and 11-19 hereof, the applicant and each individual
whose name is listed by the applicant, shall, on the
registration statement, or attachment thereto,
separately list and explain the nature of each and
every conviction, whether for felony or misdemeanor
offenses , other than convictions for misdemeanor
traffic law offenses, and give the state where the
conviction occurred, and the year of such conviction.
(17) The term or period during which the business and
activities will be conducted, not to exceed one
hundred eighty (180) days . Upon expiration of the one
hundred eighty (180) day period, or shorter period
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indicated by the applicant on the permit registration
statement, the applicant must complete a new
registration statement, in accordance with the
requirements of this Article if renewal is desired.
Every registration statement shall be accompanied by a
registration fee of five dollars ($5.00) to compensate the City
for the cost of administration of this Article. A fee of two
dollars ($2.00) shall be charged for replacement of a
registration certificate.
Section 11-18. REGISTRATION CERTIFICATE. When all
prerequ sites o t is Art c e ave een comp e with, the City
Secretary shall initiate appropriate action to process the
application. The City Secretary shall make an appropriate
investigation of an applicant, any person listed by the
applicant, and any information provided. The City Secretary
shall issue a registration certificate to the applicant
authorizing the sale, offer for sale, taking of orders for
sale, and exhibition, of commodities , goods, merchandise, and
services within five (5) working days after the applicant has
fully complied with all applicable provisions of this Article,
subject to denial of registration certificate or identification
card as outlined in Section 11-22 hereof.
The registration certificate shall state the effective
term, and the beginning and ending dates , not to exceed one
hundred eighty (180) days . Upon expiration, the registration
certificate may be renewed upon full compliance with the
requirements of this Article.
A registration certificate issued hereunder shall be
personal to the applicant and shall not be sold, assigned, or
transferred to any other person, firm, corporation, or
association. Any attempted sale, assignment, or transfer of a
registration certificate shall be grounds for revocation of the
registration certificate.
Section 11-19. IDENTIFICATION CARDS. In conjunction with
issuance of a registrat on cert cate t e City Secretary shall
issue identification cards for each individual whose name is
listed in the registration statement. The identification card
shall be lam�nated in clear plastic , it shall have a metal
clothing clip, it shall contain the photograph of the holder,
and it shall state the holder' s name, driver' s license number
and state of issuance, and height, weight, sex, and hair color,
of the card holder, the term of the permit, and the nature of
the business and related activities . The card shall contain
the following disclaimer of any endorsement by the City of
Friendswood, to be placed in a conspicuous place upon such
card: THE CITY OF FRIENDSWOOD, TEXAS, DOES NOT ENDORSE THE
PRODUCT, SERVICE, OR ACTIVITY PROMOTED BY THIS C�RDHOLDER.
An identification card issued in accordance with this
Article shall be personal to the card holder and shall not be
sold, assigned, or transferred to any other person. Any
attempted sale, assignment, or transfer of a identification
card shall be grounds for revocation of the registration
certificate and the identification cards issued thereunder.
The City Secretary shall issue up to five (5)
identification cards with the registration certificate without
any additional charge. The applicant may obtain additional or
replacement identification cards by paying to the City three
dollars ($3.00) per card. ]
and substituting therefor the following:
Section 11-17. REGISTR.ATION STATEMENT. Prior to
commencement o us ness an re ate act v t es an
e er so ic tor canvasser or tinerant ven or a
re� strat on statement s a e comp ete on a orm
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rovided b the Chief of Police for that ur ose statin
t e o ow ng •
� Name of a licant erson who com letes the
re strat on statemenC .
� Height, weight , sex, and hair color, of applicant.
� A recent color or black and white hoto ra h of
�he a licant no lar er than two nches b
two nc es .
� Social security number of applicant.
� Permanent home address and local address if
di erent.
� A licant ' s driver' s license number and state of
issuance. e Ch e o Po ice sha ver this
in ormation rom t e a icant s icense. I the
a cant as no dr ver s cense ot er
i enti cat on sha be provi e .
� Name of individual firm com an or
or an zat on re resente an an t e
ermanent a ress an oca a ress o an
in iv ual rm com an or or anizat on
represente .
� The last four (4) communities in which
business was conducted b the
in iv ual irm com an or
or an zation re resente s a e
ste wit t e erio e inn n an
en n mont ear us ness was
con ucte in eac community iste ; an
� If said applicant, or individual, firm,
com an or or anization re resented is
a CORPO TION ncor orate under the
aws o t e State o Texas t e
cor orat on s a rovi e a certi ied
copy o t e c arter or art c es o
incorporation; or
(c� If said a licant or individual firm
com an or or an zat on re resente s
a CORPORATION ncor orated un er t e
aws o a state ot er t an exas t e
co orat on s a rovi e a cert e
co o ts cert cate o aut or t to
o us ness n t e tate o exas .
� Descri tion vehicle license number and state of
re strat on o eac ve c e an t at w
e o erate un er t e re strat on cert cate
be n a ed or.
� The name hei ht wei ht sex hair color social
secur t num er ermanent ome a ress and
r ver s cense num er an state o ssuance
or eac in iv dua w o w e nvo ve n
us ness un er t e re strat on cert icate. I
an n vi ua as no river s icense other
ent cation s a e prov e .
10 Prior to issuance of the re istration certificate
an ent cat on car s rov e or n Sect ons
1 - an - ereo , eac n iv dua w ose
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name is listed b the a licant shall resent his
r ver s cense or ot er ent cat on n
erson to t e e o o ce or ver cat on o
t e n ormat on provi e y t e app cant.
11 A recent color or black and white hoto ra h of
eac n iv ua w o s ste t e a cant
no arger t an two nc es y two inc es.
12 � descri tion of the business and related
activ t es to e con ucte .
13 Character and descri tion of commodities oods
merc andise, or servi ces to be o ere or sa e.
141 Location or locations from which business and
ot er act vities w 1 e conducted.
15 Prior to issuance of the re istration certificate
and identi ication cards rovided for in Sections
11-1 and 11- 9 hereo the a licant and each
in ivi ua w ose name s ste t e a licant
shall answer on t e re istrat on statement or on
an attac ent t ereto w et er e as ever een
conv cte o a e on or a m s emeanor invo v n
mora turp tu e.
16 Prior to issuance of the re istration certificate
and i enti icat on car s rov e or n Sect ons
1-1 and -1 ereo the a licant and each
in ivi ua w ose name is iste t e a icant
s a on the re istration statement or
attac ent t ereto se arate ist and ex a n
t e nature o eac an ever conviction w et er
or e on or m s emeanor o enses ot er t an
convictions or mis emeanor tra ic aw o enses
an ive t e state w ere t e conv ct on occurred
and t e year o suc conviction.
17 The term or eriod durin which the business and
activities w be conducted not to exceed one
hundred ei ht da s . U on ex iration of
t e one un re e t da er o or
shorter erio in cate t e a icant on the
ermit re strat on statement t e a icant must
com ete a new re strat on statement in
accor ance wit t e re u rements o t s Artic e
i renewa s es re .
Ever re istration statement shall be accom anied b a
re istration ee o ive o ars to com ensate the
Cit or t e cost o adm n strat on o t is Artic e. A
ee o two o ars s a e c arge or
rep acement o a reg strat on cert icate.
Section 11-18. REGISTR.ATION CERTIFICATE. When all
rere u s tes o t is Artic e have been com ied w th t e
Chie o Po ice sha initiate a ro r ate action to
rocess t e a cation. The Ch e o Po ice s a ma e
an a ro riate nvest ation o an a cant an erson
iste t e a cant an an in ormat on rov e .
T e C ie o Po ce s a ssue a re istration cert cate
to t e a cant aut oriz n t e sa e o er or sa e
ta n o or ers or sa e an ex t on o commo t es
0o s merc an ise an servi ces w t n teen
wor n a s a ter t e a icant as u com e w t
a a ica e rov s ons o t s Artic e su ect to
denial o re istration certi icate or identi ication card
as out ne in Sect on - ereo .
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The re istration certificate shall state the effective
term an t e e nn n an en n ates not to excee
one hundred ei ht a s. U on ex rat on t e
re strat on cert cate ma e renewe u on u
comp ance w t t e requ rements o t is Artic e.
A registration certificate issued hereunder shall be
ersonal to the a licant and shall not be sold assi ned
or trans erre to an ot er erson rm cor orat on or
assoc ati�n. n attem te sa e assi nment or trans er
o a re strat on cert cate s a e roun s or
revo�at on o t e reg strat on cert cate.
Section 11-19. IDENTIFICATION CARDS . In conjunction
with issuance o a re istration certi icate the Chie of
Po ice shal issue i enti icat on car s or each
�divz ua w ose name s ste n t e re strat on
statement. e i ent cat on car s a e aminate in
c ear ast c it s a ave a meta c ot n c it
s a conta n t e oto ra o t e o er an t s a
state t e o er s name r ver s cense num er an state
o issuance an e t we t sex an a r co or o
the car o er t e term o the erm t an t e nature o
t e usiness an re ate activ t es. T e car s a 1
contain the o ow n isc a mer o an endorsement b the
C t o Fr endswoo to e ace n a cons cuous ace
u on suc card: THE CITY OF FRIENDSWOOD TEXAS DOES NOT
ENDORSE THE PRODUCT SERVICE OR CTIVITY PROMOTED BY THIS
DHOLDER.
An identification card issued in accordance with this
Artic e s a e ersona to t e card o der and shall not
e so ass ne or trans erre to an ot er erson.
An attem ted sale assi nment or trans er o a
ident cat on car s a e roun s or revocation o t e
re istration cert icate an t e denti icat on cards
issue t ereun er.
The Chief of Police shall issue up to five (5)
i3enti ication cards wit t e re strat on certi icate
wit out an a itiona c ar e. The a icant ma obtain
a ditiona or re acement ent icat on car s a n
to t e Cit t ree o lars er card.
Section 2. In the event any section, paragraph,
subdivision, clause, phrase, provision, sentence, or part of
this Ordinance or the application of the same to any person or
circumstance 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, or
whether there be one or more parts .
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. ' , . �
Section 3. Any person who shall violate any provision of
this Ordinance shall be deemed guilty of a misdemeanor and upon
conviction, shall be fined in an amount not to exceed $200.00.
Each day of violation shall constitute a separate offense.
PASSED AND APPROVED on first reading this 1�� day
o f March , 19 8 6.
PASSED AND APPROVED on second reading this 7th day
of April , 1986.
PASSED AND APPROVED on third and final reading this 28th
day of April , 1986.
OC�
Mayor
ATTE
�
. .
C y ecretary
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