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Home My WebLink AboutOrdinance No. 91-06 ORDINANCE N0. 91-6 AN ORDINANCF, AMENDING ARTICLE II OF CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS , BY ADDING TO SECTION 11-14 THEREOF A NEW DEFINITI�JN, BY STRIKING ALL OF SUBSECTION (d) OF SECTION 11-15 THEREOF AND SUBSTITT)TING THF,REFOR A NEW SUBSECTION (d) , BY ADDING TO SECTION 11-16 THEREOF A NEW SUBSECTION (n) , BY STRIKING ALL OF PARAGRAPH (2) OF . SUBSECTION (a) OF SECTION 11-22 THEREOF AND � SUBSTITUTING THEREFOR A NEW PAItAGRAPH (2) , BY STRIKING ALL OF SECTION 11-23 THEREOF AND SUBSTITUTIIVG THEREFOR A NEW SECTION 11-23, BY STRIKING ALL OF SECTION 11-24 THEREOF AND SUBSTITUTING THEREFOR A NEW SECTION 11-24, AND BY ADDING A NEW SECTION 11-26; PROVIDING A DEFINITION FOR CRIME INVOLVING MORAL TURPITU�E; PROVIDING THAT PERSONS CONDUCTING SOLICITATION ACTIVITIES FOR NONCOMMERCIAL OR NONPROFIT PURPOSES ARE EXEMPT FROM THE PROVISIONS OF t�RTICLE II OF CHAPTER 11 ; PROVIDING IT UNLAtJFUL FOR ANY PERSON TO CONDUCT ANY ACTIVITY FOR WHICH A REGISTRATI0IJ IS REQUIRED HEREUNDER AT ANY LOCATION WHERE SIGNS ARE POSTED PROHIBITING SUCH ACTIVITY; PROVIDING THAT ANY PEDDLER, SOLICITOR, CANVASSER, OP ITINERANT VENDOR WHO SUBMITS � AN INCOMPLETE REGISTRATION STATEPIENT MAY BE �ENIED A CERTIFICATE; FROVIDING THAT BUSINESS CONDUCTED BY ANY • PEDDLER, SOLICITOR, CANVASSER, OR ITINERANT VENDOR SHALL BE CARRIED OUT BETWEEN THE HOURS OF 9 :00 A.M. AND 8:00 P.M. ; PROVIDING FOR PERIODS OF REVOCATION; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $500 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. � � � � � WHEREAS, as a result of unprecedented growth over the last twenty years in the Houston metropolitan area, the City of Friendswood has evolved into a suburban residential community; and WHEREAS, the vast majority of the citizens of Friendswood work outside the City; and WHEREAS, the typical family in Friendswood is comprised of two parents and one or more minor children; and WHEREAS, police reports would indicate that a subst�ntial percentage of families in Friendswood have both parents hold�n� employment outside of the home and outside of the City; and WHEREAS , police reports also indicate that the patterns of most households center around the early rising of adults to accommodate a daily commute to employmen�, most of which employment provides for work shifts commencing before 8 :00 a.m. ; and �HEREAS , the early rising of adults is further influenced by the need to prepare and transport pre-school-aged children for and to chil� care facilities and of school-aged children for and to schools , it being particularly noted that bus pickups for public schools begin at 6 :45 a.m, in the City; and WHEREAS , due to this pattern of early rising households , a large majority of families in the City begin the trans�tion into the night rest period usually no later than 8:00 p.m. ; and WHEREAS, in order to protect �he privacy of the citizens and to enhance their opportunities to follow family resting patterns , the City Council of the City deems it necessary and appropriate to impos� a time deadline of 8:00 p.m. £or activities of peddlers , s�licitors , canvassers, and itinerant vendors ; an� WHEREAS , the City Council deems it necessary and appropriate to adopt certain other revisions to its Code of Ordinances relating to the registration and conduct of peddlers , solicitors , canvassers , and i_tinerant vendors ; now therefore -2- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS : Section 1. . The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct . Section 2. The Code of Ordinances of the City of Friendswood, Texas , is hereby amended by adding to Section 11-14 of Article II of Chapter 11 the following definition: Crime Involving Moral Turpitude. A conviction of a felony or mis emeanor �. t e crime irect y re ates to t e uties an res onsi i ities o t e �cense occupation, t e etermination o w ic s a e ma e in accor ance wit rtic e - c an - , exas evise ivi tatutes , as amen e . Section 3. The Code of Ordinances of the City of Friendswood, Texas , is hereby fur_ther amended by striking all of Subsection (d) of Section 11-15 of Article II of Chapter 11 , which provides as follows : j (d) Persons conducting acti_vities for or in behalf. of a noncommercial or nonprofit purpose or cause, as that term is 3efined herein. ] and substituting therefor the following: (d) Persons conductin activities for or in behal�of a noncommercia or nonpro it purpose or cause, as t at term is de�ined- -T—ierein, are exempt rom t e prozvsions o t �s rtic e. Section 4. The Code of Ordinances of the City of Friendswood , Texas , is hereby further amended by adding to Section 11-16 of Article II of Chapter 11 a new Subsection (n) to provide as follows : (n) Conduct any activity for which a re istration is require by t is rtic e at any u ing or we �ng , or upon any ot, tract , or arce o an , upon w _ c is ocate , in a conspicuous ocation, any s gn w ic �ives notic� t at -3- peddlers , solicitors , canvassers , or itinerant vendors are pro i ite . or t e purposes ereo , any sign containing t e words no so citors , no so Zcitation, so icitors pro i ite , or any ot er p rase o simi ar meanin , s a constitute notice t at pe ers , so icitors , canvassers , an ttinerant ven ors are pro i ite at suc ocat�on. Section 5. The Code of Ordinances of the City of Friendswood, Texas , is hereby furt'�er amended by striking all of Paragrpah (2) of Subsection (a) of Section 11-22 of Article II of Chapter 11 , which provides as follows : [ (2) Fals�, inaccurate , ar misleading information is contained in the registration statement ; or] and substituCing therefor the following : (2) False, inaccurate, incomplete, or misle�ding information is contazne zn t e reg�strat on statement ; or Section 6. The Code of Ordinances of the City af Friendswood , Texas , is hereby further amended by striking all of Section 11-23 of Article II of Chapter 11, which provides as follows : [Sec. 11-23. Hours . Business conducted in accordance with this article shall be carried out during Central Standard Time from 9 :Q0 a.m. to 6:00 p.m. , and during Daylight Savings Time from 9:00 a.m. to 7 :00 p.m. ] and substituting therefor the following: Sec . 11-23. Hours . Business conducted in accordance with this Artic e s a e permitte on y etween t e ours o a.m. an p .m. Section 7 . The Code of Ordinances of the City of Friendswood, Texas , is hereby further amended by striking all -4- of Section 11-24 of Article II of Chapter 11 , which provides as follows : [Sec. 11-24. Grounds for revocation of certificate. The city may revoke a registration certificate if: (a) any violation of this article, or any violation of other city ordinances or laws relating to the business or related activities covered by the registration cer�ificate i_s committe� by any individual or individuals operating under the registration certificate �uring the original term or renewal thereof; or (b) false, inaccurate, or misleading information is contained in the registration statement ; or (c) conviction of a felony or crime involving moral turpitude. ] and substituting therefor the following : Sec . 11-24. Revocation of C�rtificate. (a) The City may revoke a registration certi�'a.cate i : (1) any violation of this Article, or any violation o other City ordinances or laws re at n to t e usiness or re ate activities covere y t e re zstration certi. icate is committe y any �n ivi ua or in ivi ua s operating un er t e registration certi icate uring t e or gina term or renewa t ereo ; ar (2) false, inaccurate , incom lete, or misleading in ormation is contained in t e reg strat�on statement ; or (3) any certificate holder is convicted of � crime invo ving mora turpitu e. (b) In the event a certificate is revoked pursuant hereto the period of revocation shall extend unti t e ate t e certi icate so revo e wou ave ot erwise ex ire . ny itinerant ven or, e er, so icitor, or canvasser aving two certi icates revo e wit in an twenty- our mont perio s a e ine igi e to rece�ve a certi icate or a perio 0 one year o owing t e ate o t e secon revocation. -5- Secti_on 8. The Code of Ordinances of the City of Friendswood, Texas , is hereby further ameri�ed by adding to Article II of Chapter 11 a new Section 11-26 to provide as follows : Sec. 11-26. Penalty. Any indivi�ual , firm, or anization, �r cor orat�on w o s a vio ate any provision o t is rtic e s a e eeme ui ty o a mis emeanor an , upon convlction t ereo , s a e �ne in an amount not to excee ac ay o vio ation s a constitute a separate o ense. Secti_on A. 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, �t 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 tha same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional , or whether there be one or more parts . PASSED AND APPROVED on first reading this 21st day of January , 1991 . PASSED, APPROVED, AND ADOPTED on second and final reading this 18th day of March , 1991 . -6- , , , �' ; au . c ra er Mayor ATTEST: . e ori rc er, City Secretary -7-