HomeMy WebLinkAboutORD 2002-63 - Peddlers & SolicitorsORDINANCE NO.G �=
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS AMENDING CHAPTER 6.16 "PEDDLERS
AND SOLICITORS" OF THE CODE OF ORDINANCES OF THE CITY
OF GEORGETOWN RELATING TO THE APPLICABILITY OF THE
CHAPTER TO CERTAIN PERSONS; PROVIDING ADDITIONAL
CATEGORIES OF PERSONS WHO ARE EXEMPT FROM THE
PERMITTING REQUIREMENTS; REQUIRING FINGERPRINTS OR
THUMBPRINTS; PROVIDING ADDITIONAL CONDITIONS FOR DENIAL
OF PERMITS; REPEALING CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the United States Supreme Court has issued an opinion in Watchtower
Bible & Tract Society of New York, Inc. v. Village of Stratton (No. 001737, Decided June
17, 2002) relating to a municipality's ability to regulate the activities of certain persons
who go door-to-door in a community; and
WHEREAS, the City of Georgetown finds that its ordinance relating to peddlers,
solicitors, and canvassers is in need of amendment in light of the United States
Supreme Court opinion; and
WHEREAS, the City of Georgetown further finds that it is desirable to attempt 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.
Ordinance No. C)o
Peddlers and Solicitors Ordinance
Page 1 of 4
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.
SECTION 2: Section 6.16.010 "Definitions" is hereby amended as follows:
Sec. 6.16.010. Definitions.
A. "Peddler" means any person who engages in commercial activities within City
limits by carrying goods or merchandise and selling or offering for sale for immediate
delivery such goods or merchandise from house-to-house, businessAo-business, or
upon public property.
B. "Solicitor" means any person who solicits or attempts to solicit, from house-to-
house, business -to -business, or upon public property, funds or orders for services,
commercial goods, wares, merchandise, subscriptions or publications to be delivered at
a future date or time.
SECTION 3: Section 6.16.030 of the Georgetown Code of Ordinances is hereby
amended as follows:
Sec. 6.16.030. Permit --Exemptions.
A. The following are excluded from permitting provisions:
1. Newspaper carriers;
2. Farmers who sell agricultural products that were raised or grown by them;
3. Locally based non-profit organizations;
4. Religious proselytizing or distribution of religious literature;
5. Political speech; or
6. Canvassers who attempt only to distribute handbills or to solicit political
support or to determine opinions or sentiments.
B. Persons who are exempt from the permitting requirements pursuant to Section A,
above, shall be subject to the provisions of Sections 6.16.130 (Hours of Operation) and
6.16.140 (No Solicitor Signs); and are encouraged to notify the Georgetown Police
Department as to the approximate dates of the door-to-door activities, the areas in
which they will be working.
SECTION 4: Section 16.16.040(A) of the Georgetown Code of Ordinances is hereby
amended as follows:
Ordinance No.
Peddlers and Solicitors Ordinance
Page 2 of 4
Sec. 6.16.040. Permit --Written application required.
Any peddler or solicitor desiring to engage in activities as a Peddler or Solicitor within
the City must file a written application for permit with the Georgetown Police Services
Records Section, which application shall give the following information:
A. Applicant's name, telephone number, address, birth date, physical description,
finger or thumbprint, criminal history check from the Texas Department of Public Safety,
and either:
1. Driver's license number and state, or
2. Social Security number and an official, government -issued picture
identification card;
B. — F. — (no change)
SECTION 5: Section 6.16.070(A) of the Georgetown Code of Ordinances is hereby
amended to add subsection (3) as follows:
Sec. 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 under the Uniform Crime Reporting or Crime
Index programs (e.g. murder, non -negligent manslaughter, forcible rape, robbery,
aggravated assault, burglary, larceny -theft, and motor vehicle theft).
SECTION 6: All other provisions of Chapter 6.16 that are not amended hereby shall
remain in full force and effect.
SECTION 7. 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.
Ordinance No. ".2-b"2
Peddlers and Solicitors Ordinance
Page 3 of 4
SECTION 8. 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 9, 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.
PASSED and APPROVED on First Reading on the f day of
of , 2002.
PASSED and ADOPTED on Second Reading on the day of
2002.
CITY OF GEORGETOWN, TEXAS
By:
w
Deputy � £ t? �� ot
Patricia E. Carls, Brown & Carls, LLP
City Attorney
Ordinance No. 'LG) CMZ
Peddlers and Solicitors Ordinance
Page 4 of 4
Nelori, Mayor