HomeMy WebLinkAboutORD 2004-40 - Peddlers & SolicitorsORDINANCE NO. 200440
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS AMENDING SECTION 6.16.070(A)(3)
OF THE CODE OF ORDINANCES OF THE CITY OF
GEORGETOWN PERTAINING TO THE DENIAL OF PEDDLER
AND SOLICITOR PERMITS FOR APPLICANTS CONVICTED OF
CERTAIN OFFENSES; INCLUDING A SEVERABILITY CLAUSE;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown finds that its ordinance relating to peddlers,
solicitors and canvassers is in need of amendment in light of the new developments at the
national level in the area of reporting crime data and the dissemination of such
information to the local police department level; and
WHEREAS, the City of Georgetown Police Department meets the participation
requirements to access the National Incident -Based Reporting System, a comprehensive
networking data system that will provides extensive, specific crime information to the
Department; and
WHEREAS, the City of Georgetown further finds that it is desirable for its Police
Department to access the National Incident -Based Reporting System to preserve its
residents' peace and enjoyment while in their homes and while on public property; to
protect its residents' privacy; and to prevent fraud and crime to the extent permitted by
the United States Supreme Court.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS THAT.
SECTION 1: The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part thereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements the following Century Plan Elements:
4.0 The City provides for the safety of its citizens and supports the responsive
delivery of coordinated services by the City and other public agencies.
4.7 There is trust and harmony between the City's public safety providers and
all segments of the community.
4.8 Georgetown is effective at resolving issues related to crime, disorder, and
fear of crime.
The City Council further finds that the enactment of this ordinance is not inconsistent or
in conflict with any other Century Plan Policies, as required by section 2.03 of the
Administrative Chapter of the Policy Plan.
Ordinance No. 2004-40
Peddlers and Solicitors Amendment
Pagel of 3
SECTION 2: Section 6.16.070(A)(3), relating to "Pennit—Denial," is hereby amended
to provide as follows:
See. 6.16.070 Permit – Denial.
A. A copy of the application for permit will be referred to the Georgetown Police
Services Records Section who will undertake an investigation of the applicant's record
and background, such as shall be reasonably necessary to protect the public. An
application for permit under this chapter may be denied where:
1. Required application information is incomplete or incorrect;
2. Applicant is currently wanted on warrant for arrest;
3. Applicant has been convicted of any offense reportable by the City
to the Texas Department of Public Safety or the Federal Bureau of
Investigation under "Index Crimes" Part I and/or Group A of the
National Incident Base Reporting System or Crime Index programs
or other law enforcement reporting system (e.g. aggravated assault,
burglary, forcible rape, larceny -theft, motor vehicle theft, murder,
non -negligent manslaughter, and robbery).
B. (no change to existing text)
SECTION 3: All other provisions of Chapter 6.16 that are not amended hereby shall
remain in full force and effect.
SECTION 4: This ordinance shall be and is hereby declared to be cumulative of all
other ordinances of the City of Georgetown, and this ordinance shall not operate to repeal
or affect any of such other ordinances, except insofar as the provisions thereof might be
inconsistent or in conflict with the provisions of this ordinance, in which event such
conflicting provisions, if any in such other ordinance or ordinances are hereby
superseded.
SECTION 5: If any provision of this ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby
declared to be severable.
SECTION 6: The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect
in accordance with the provisions of the Charter of the City of Georgetown.
Ordinance No. 2004-40
Peddlers and Solicitors Amendment
Page 2 of 3
PASSED and APPROVED on First Reading on the 22nd day of June, 2004.
PASSED and ADOPTED on Second Reading on the 13th day of July, 2004,
CITY OF GEORGETOWN, TEXAS
By:
ATTES
andra D. Lee, City
AS TO FORM:
LOP C rJ-Ii'�____
Patricia E. Carls, Brown & Carls, L.L.P.
City Attorney
Ordinance No. 2004-40
Peddlers and Solicitors Amendment
Page 3 of 3
elon,
x
PASSED and APPROVED on First Reading on the 22nd day of June, 2004.
PASSED and ADOPTED on Second Reading on the 13th day of July, 2004,
CITY OF GEORGETOWN, TEXAS
By:
ATTES
andra D. Lee, City
AS TO FORM:
LOP C rJ-Ii'�____
Patricia E. Carls, Brown & Carls, L.L.P.
City Attorney
Ordinance No. 2004-40
Peddlers and Solicitors Amendment
Page 3 of 3
elon,