HomeMy WebLinkAboutOrd 863 Amending Chapter 58 regarding Soliciting TOWN OF WESTLAKE
ORDINANCE NO. 863
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING THE CODE OF
ORDINANCES CHAPTER 58, PROVIDING FOR REGULATIONS FOR DOOR-TO-
DOOR SOLICITATIONS; PROVIDING FOR ITINERANT MERCHANTS OR
TRANSIENT VENDORS OF MERCHANDISE; PROVIDING A PENALTY UP TO
$500.00 PER VIOLATIONS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas ("Town"), is a general law municipality and
is authorized to enact regulations as necessary to protect the health,safety and welfare of the public
and, may enact ordinances relative to its citizens' health, safety, and welfare that are not
inconsistent with the Constitution and laws of the State; and
WHEREAS, it is the intent of the Westlake Town Council ("Town Council")to regulate
door-to-door solicitation and vendors on private property and along public roadways in a manner
to protect the health, safety, and welfare of its residents, while at the same time maintaining the
First Amendment right to communicate through that medium; and
WHEREAS, the Town Council finds and determines regulating door-to-door solicitation
and vendors serves the Town's interests in preventing crime and protecting the privacy of its
residents; and
WHEREAS, the Town Council finds and determines that establishing a curfew on door-
to-door solicitation is important to the Town's overall safety plan; and
WHEREAS,the Town Council seeks to regulate the practice of going in and upon private
premises in the Town by solicitors, itinerant merchants or transient vendors of merchandise, not
having been requested or invited to do so by the owner or occupant of the private premises, for the
purpose of soliciting orders for the sale of goods, wares and merchandise and/or disposing of
and/or peddling or hawking such goods, wares and merchandise; and
WHEREAS, the Town Council seeks to regulate the location of solicitors, itinerant
merchants or transient vendors in and along public roadways in the Town for the purpose of
promoting the public's health, safety and welfare; and
WHEREAS, the Town Council finds and determines that the regulations provided in this
ordinance allow its Police to focus its operations on crime-related activity during the evening,
night, and early morning hours when calls for service naturally increase; and
WHEREAS, the curfew established by this ordinance is intended enhance residents'
comfort level and safety and reduce unnecessary calls for service; and
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WHEREAS, the Town Council finds and determines that the purpose of this ordinance
is to maximize the effectiveness of the Town's rules and regulations regarding health, safety, and
welfare, while accommodating protected activities such as free speech; and
WHEREAS, the Town Council endeavors to allow its residence the ability to choose to
be free from interruption at home and to have comfort that unknown persons will not disturb them
while at home with their families; and
WHEREAS, the Town Council finds that simply posting "no-solicitation" or similar
signs alone is inadequate to protect its citizens from undue annoyance; and
WHEREAS, the Town Council finds that the regulations provided by this ordinance are
necessary to promote the Town's legitimate and compelling interests and are provided without
reference to the content of any message; and
WHEREAS, the Town Council finds that the regulations provided by this ordinance are
provided without reference to the content of any message; and
WHEREAS, the Town Council finds that the Town has a legitimate and compelling
interest in protecting the privacy of its residents in a most important place, the homestead; and
WHEREAS, the Town Council determines that preserving the sanctity of the home,
including the right to be free from unwanted and unwelcome intrusion, is a compelling
governmental interest; and
WHEREAS, the Town Council finds that the Town has a legitimate and compelling
interest in preventing undue annoyance of its residents; and
WHEREAS, the Town Council finds that the Town has a legitimate and compelling
interest in protecting its residents from crime; and
WHEREAS, the Town Council finds door-to-door activities pose an inherent risk of
crime, especially after dusk; and
WHEREAS, the Town Council finds that curfew regulations limiting the hours and days
when a person may conduct door-to-door solicitation on private property are necessary to prevent
undue annoyance of its residents and to protect the sanctity of citizens' homes; and
WHEREAS, the Town Council finds that curfew regulations limiting the hours and days
when a person may conduct door-to-door solicitation on private property are necessary to prevent
crime to property and persons and to protect the health and safety of persons engaged in such
activity; and
WHEREAS, the Town Council finds the regulations of this ordinance do not prevent
door-to-door activity and that ample alternative channels of communication exist. beyond the
curfew requirements, including solicitation via telephone and other electronic communication,
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public solicitation outside of the privacy of citizens' doorsteps, and solicitation via direct mail,
television, radio, and interne; and
WHEREAS, the Town Council finds that an unanticipated visit by a stranger on citizens'
doorsteps is capable of causing fear or suspicion or anxiety resulting in an unnecessary call for
service; and
WHEREAS, the Town Council finds the regulations provided in this ordinance are an
integral component of the Town's safety plan and that crime prevention efforts would be less
effective without the provisions of this ordinance; and
WHEREAS, the Town Council finds that regulations requiring persons who engage in
door-to-door contact with its citizens to obtain a permit are necessary to prevent crime to property
and persons; and
WHEREAS, the Town Council is authorized by law to adopt the provisions contained
herein, and has complied with all the prerequisites necessary for the passage of this Ordinance;
and
WHEREAS, all statutory and constitutional requirements for the passage of this
ordinance have been adhered to, including but not limited to the Open Meetings Act.
WHEREAS,upon the recommendation of the Town Staff, the Town Council of the Town
of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that
the amendments should be approved and adopted.
NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That the findings stated hereinabove are found to be true and correct and are
hereby adopted as findings of fact and as a part of the operative provisions hereof.
SECTION 2: That the Town of Westlake Code of Ordinances, Chapter 58 is amended
and replaced, and shall read as follows:
Chapter 58 — DOOR-TO-DOOR SOLICITATION AND HANDBILL DISTRIBUTION,
ITINERANT MERCHANTS AND TRANSIENT VENDORS
ARTICLE I—IN GENERAL
Sec. 58-1 Purpose.
The purpose of this article is to provide for the general health,public safety and welfare, comfort,
convenience and protection of the Town and the residents of the Town by:
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(1) creating a permit procedure so that solicitors and handbill distributors register with the
Town in order to assist crime detection efforts and deter deceptive practices and fraud;
(2) prohibiting door-to-door solicitation and canvassing activity at residences during the
times when such activity is most intrusive and disruptive to citizens' privacy; and
(3) prohibiting itinerant merchants and transient vendors from operating along and within
public rights-of-way and, otherwise, on private property without the written permission of the
property owner; and
(4)regulating the manner in which any solicitation activity, canvassing activity or handbill
distribution may occur to promote good order, prevent litter and protect citizens from aggressive
and intimidating practices.
Sec. 58-2 Definitions.
The following words and phrases, when used in this ordinance, shall have the meanings:
1. "Charitable purpose" shall mean philanthropic,religious, or other nonprofit objectives,
including the benefit of poor, needy, sick, refugee, or handicapped persons; the benefit
of any church or religious society, sect, group, or order; the benefit of a patriotic or
veterans' association or organization; the benefit of any fraternal, social, or civic
organization, or the benefit of any educational institution. "Charitable purpose" shall
not be construed to include any direct benefit to the individual making the home
solicitation, to include the benefit of any political group, or political organization,
which is subject to financial disclosure under state or federal law.
2. "Commercial home solicitation" or "soliciting" means the solicitation at a residence
through the attempt or act of asking, bartering, or communicating in any manner for
the purpose of selling or offering to sell goods, services, or realty for a for-profit
purpose,which includes promoting, advertising,receiving or obtaining money, gifts or
items of value for said individual or group of individuals, or for-profit organization,
club, company, corporation.
3. "Do not solicit list"is defined as a list,developed and maintained by the Town Manager
or his/her designee, of residences where the property owner or occupant has indicated
that they do not wish to be solicited.
4. "Dusk"means thirty (30) minutes after sunset.
5. "Handbill" means and includes any printed or written matter, any sample or device,
circular, leaflet,pamphlet,paper, booklet, or any other printed or otherwise reproduced
original, or copies of any matter or literature.
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6. "Handbill distribution" is defined as traveling by any means, going door-to-door,
house-to-house or building-to-building to distribute or leave on or at each premises
handbill for any purpose.
7. "Itinerant Merchant"means any person and/or entity who engages in, does,or transacts
any temporary or transient business, for the purpose of carrying on such business,
occupies any location for a period of less than six months and without a Certificate of
Occupancy.
8. "Transient Vendor" means any person and/or entity who engages in, does, or transacts
any temporary or transient business, primarily from a motor vehicle, trailer,
manufactured housing, van, automobile or other type of structure or vehicle capable of
being transported on the streets or highways of the town, for the purpose of carrying on
such business, occupies any location for a period of not less than 30 minutes but not
more than two hours,
Sec. 58-3 Commercial home solicitation and handbill distribution on private property.
(a) No person shall conduct commercial home solicitation or handbill distribution upon
residential property without displaying a valid, unexpired written permit as required by this
chapter.
(b) No person conducting home solicitation or handbill distribution shall approach any part of
a residence other than the front door.
(c) It shall be unlawful for any person conducting handbill distribution to distribute, deposit,
place, throw, scatter, or cast any handbill upon any residential property except:
(1) By handing or transmitting such handbill directly to the owner or occupant then present
in or upon such private premises; or
(2) By placing or depositing such handbill in a manner to secure and prevent such handbill
from being blown or drifting about such premises, except that mailboxes may not be used
when prohibited by federal postal laws or regulations.
(d) It shall be unlawful for any person to engage in commercial home solicitation or handbill
distribution at a private property if requested by anyone thereon not to do so.
(d) It shall be unlawful for any person to engage in commercial home solicitation or handbill
distribution at a private property if there is placed on such premises in a conspicuous place upon
or near the main entrance to the residence or property, a weatherproof sign, not less than three (3)
inches by four (4) inches in size bearing the words "no trespassing," "no peddlers," "no
advertisements," "no solicitation," "no handbills," or any similar notice indicating in any manner
that the occupants of such premises do not desire to have visitors engaging in commercial
solicitation or handbill distribution on their premises.
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(e) It shall be unlawful for any person to engage in commercial home solicitation or handbill
distribution on a residential property that is listed on the "do-not-solicit list" as defined by this
chapter.
Sec. 58-4 Do-Not-Solicit List.
(a) The Town Manager or his/her designee, is authorized to develop and maintain a list of
residences where commercial home solicitation is prohibited and such list shall be referred to as
the "do-not-solicit list."
(b) Any property owner or occupant may elect to add or remove his or her residence to or from
the do-not-solicit list through the procedures developed by the Town. The property owner or
occupant making such a request will be required to affirm that he or she is an owner or occupant
of the residence, and is making the request on their behalf and on behalf of any other occupant at
that address.
(c) The Town Manager or his/her designee shall make the do-not-solicit list available on the
Town's website and to any person upon request.
(d) The Town shall provide a copy of the do- not- solicit list to each person issued a permit
under this article.
(e) Solicitation of any residence on the "do not solicit list" shall be grounds for the immediate
revocation of the solicitor's permit.
Sec. 58-5 Time Restrictions.
(a) No Person shall engage in commercial home solicitation or handbill distribution prior to
9:00 a.m. or after dusk Monday through Saturday.
(b) No Person shall engage in commercial home solicitation or handbill distribution on
Sunday.
(c) No Person shall engage in commercial home solicitation or handbill distribution on any
federally designated holiday.
Sec. 58-6 Itinerant Merchants and Transient Vendors.
(a) The practice of going in and upon private premises in the town by itinerant merchants or
transient vendors of merchandise, not having been requested or invited to do so by the owner or
occupant of the private premises, for the purpose of soliciting orders for the sale of goods, wares
and merchandise and/or disposing of and/or peddling or hawking such goods, wares and
merchandise is hereby prohibited.
(b) It is hereby prohibited for any transient vendor or itinerant merchant to sell, offer for sale,
or exhibit for the purpose of taking orders for sale therefor, any food or food products, beverages,
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good, wares, merchandise, services, or to solicit charitable contributions on or along the side of
any public roadway or within the public right-of-way of roadway located within the Town.
(c) In the event that any activity prohibited by this section is authorized by another ordinance,
resolution or action of the Town Council in conflict with this section, said ordinance, resolution or
action of the Town Council shall prevail as specified and authorized therein.
Sec. 58-7 Penalty.
Any person, firm, or corporation violating any of the provisions of this Chapter shall be guilty of
a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not to exceed
$500.00 for each offense, and a separate offense shall be deemed committed each day during or
on which a violation occurs or continues.
Secs. 58-7—58-25 Reserved.
ARTICLE II—PERMIT
Sec. 58-26—Applicability
The following shall be exempt from the permitting requirements of this Article:
1. religious organizations exclusively for the distribution of literature and other items for
the purpose of proselytizing;
2. persons engaged in anonymous political speech;
3. persons going door-to-door for a charitable purpose;
4. with the exception of Section 58-6(b), sales made under the authority of a contractual
relationship with the owners or occupants of a private residences;
5. any operation, which is exempted by state or federal statute from this ordinance, is
exempt only to the extent of such applicable exemption; and
Sec. 58-27 Permit Application.
(a) A person who conducts commercial home solicitation or handbill distribution within the
Town shall first complete a permit application as required by this Article.
(b) A separate permit shall be required for every person involved in commercial home
solicitation or handbill distribution.
(c) A separate permit shall be required for each company or entity involved in commercial
home solicitation or handbill distribution.
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(d) No one permit will be valid for multiple people, companies, or entities.
(e) A permit under this Article will be valid for the duration of the current calendar year.
(f) The application shall contain or be submitted with the following information:
(1) The full name,date of birth,phone number and permanent and(if different) current
address of the applicant;
(2) A valid state driver's license number or a state-approved identification card number
(the Police Department will make a photocopy and attach to the application) of the
applicant;
(3) The desired calendar year in which the applicant will be engaging in commercial
home solicitation or handbill distribution activities;
(4) The name, address and telephone number of the person, company or entity that is
employing the applicant to distribute handbills, if applicable;
(5) If a vehicle or vehicles are used to conduct the solicitation or handbill distribution
activity, a description of each vehicle, its license plate number and vehicle identification
number; the name and license number of the driver who will operate each vehicle, and
adequate proof under state law that each driver maintains financial responsibility for the
vehicle they will operate shall be attached to the application;
(6) The nature of the solicitation or handbill distribution activity (i.e. the merchandise
to be sold or offered for sale; or the nature of the services to be furnished; or the type of
pamphlets or handbills to be distributed);
(7) The names of all cities in which the applicant has conducted solicitation or handbill
distribution in the past six months;
(8) Whether the applicant will receive a payment for goods or services at the time of
solicitation or will demand, accept or receive payment or the deposit of money in advance
of final delivery, and if so,the amount sought or the basis for calculation of such payment;
(9) If the applicant, or the applicant's employer or principal has pled guilty, or nolo
contendere to, or has been convicted of a felony or misdemeanor involving fraud, deceit,
theft, embezzlement, burglary, larceny, fraudulent conversion, misrepresentation, or
misappropriation of property within ten years preceding the date of application, a
description of each such conviction or plea,the name of the court and jurisdiction in which
the complaint or indictment was filed and the date of the offense;
(10) If the applicant, or the applicant's employer or principal is a person against whom
a civil judgment or administrative decision based upon fraud, deceit, theft, embezzlement,
burglary, larceny, fraudulent conversion, misrepresentation, or misappropriation of
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property has been entered or ordered within ten years preceding the date of application, a
description of judgment or action, the case or cause number, if any, and the court or
administrative agency that rendered the judgment or decision.
(g) It shall be the responsibility of an applicant to update the information provided on
application for a handbill distribution permit as such information may change.
(h) A permit will not be issued if an applicant answers subsections (f)(9) and (f)(10) in the
affirmative.
Sec. 58-27 Permit—Approval, Denial, Revocation, and Appeal
(a) After review of the permit application and within ten (10) business days of the receipt of
the application, the Town Manager's designee, shall either issue a permit, as provided in this
ordinance, or notify the person applying that the application does not comply with the requirements
of this ordinance, specifying why the application is incomplete, or otherwise does not comply.
(b) Any permit under this article may be denied or revoked if the permit applicant or holder is
convicted of a violation of any provisions of this chapter or has knowingly made a false material
statement in the application.
(c) The permittee shall have ten (10) calendar days after receipt of a notice of revocation or
denial in which to file a notice of appeal to the Town Manager's office relative to the order denying
or revoking the permit. If notice is received within the ten(10) day period, the Manager or his/her
designee shall make an inquiry and determine whether the applicant's permit was wrongfully
revoked or denied and will schedule a hearing with the applicant within 10 business days after the
Town Manager receipt of the applicant's appeal. The applicant will be notified of the time, date,
and place of such hearing. After the hearing, the decision will be made in writing affirming or
reversing the revocation or denial.
(d) An appeal from a revocation issued under the provisions of this article stays the revocation
until the appeal proceedings are complete.
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms
or provisions of this Ordinance are hereby repealed.
SECTION 4: That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of
Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas,that sections,paragraphs, clauses and phrases of this Ordinance are severable,
and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be declared legally
Ordinance 863
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invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance since the same would have been enacted by
the Town Council of the Town of Westlake without the incorporation in this Ordinance of any
such legally invalid or unconstitutional, phrase, sentence, paragraph or section.
SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 24th DAY OF SEPTEMBER 2018.
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ATTEST: Laura Wheat, Mayor
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Kel Edi ds, Town Secretary Thomas E. Brymer, Tiown Manager
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Ordinance 863
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Star-Telegram
MEDIA
Arlington Citizen-Journal I The Keller Citizen I La Estrella
Mansfield News-Mirror I Star-Telegram Northeast I Weatherford St.+•-Telegram
star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102.6315 1800.776.7827
AFFIDAVIT OF PUBLICATION
Account# Ad Number Idenlircation PO Amount Cols Depth
603646 0003872637 TOWN OF WESTLAKE ORDINANCE NO. 863 A ORD NO 863 6427.08 1 34.00 Li
Attention: THE STATE OF TEXAS
TOWN OF WESTLAKE County of Tarrant
1301 SOLANA BLVD
BLDG 4 STE 4202 Before me, a Notary Public in and for
ROANOKE,TX 762627940 said County and State,this day
personally appeared CHRISTINE
TOWN OF WESTLAKE TOWN OF WESTLAKE
ORDINANCE NO. 863 ORDINANCE NO. 863 LOPEZ. Bid and Legal Coordinator
AN ORDINANCE OF THE TOWN OF AN ORDINANCE OF THE TOWN OF ,
WESTLAKE AMENDING THE WESTLAKE AMENDING THE • for the Star-Telegram, published by
CODE OF ORDINANCES CHAP- CODE OF ORDINANCES CHAP- the Star-Telegram,Inc. at Fort Worth,
TER 58, PROVIDING FOR REGU- TER 58,PROVIDING FOR REGU
SOLICITATIONS;; PROVIDING
LATIONS FOR DOOR-TO-DOORLATIONS FOR DOOR-TO-DOOR in Tarrant County, Texas; and who.
FOR ITINERANT MERCHANTS SOLICITATIONS; PROVIDING
OR TRANSIENT VENDORS OF FOR ITINERANT MERCHANTS after being duly sworn. did depose
MERCHANDISE; PROVIDING A OR TRANSIENT VENDORS OF and saythat the attached clipping of
PENALTY UP TO $500.00 PER MERCHANDISE; PROVIDING A pp g
VIOLATIONS; PROVIDING A CU- PENALTY UP TO $500.00 PER an advertisement was published in
MULATIVE CLAUSE; PROVID- VIOLATIONS;PROVIDING A CU-
ING A SEVERABILITY CLAUSE; MULATIVE CLAUSE; PROVID- the above named paper on the listed
PROVIDING A SAVINGS ING A SEVERABILITY CLAUSE;
CLAUSE; AND ESTABLISHING PROVIDING A SAVINGS dates
AN EFFECTIVE DATE. SECTION CLAUSE; AND ESTABLISHING
4: That any person, firm or cor- AN EFFECTIVE DATE. SECTION
poration violating any of the 4:That any person,firm or cor-
provisions or terms of this ordi- poration violating any of the
nance shall be subject to the provisions or terms of this ordi-
same penalty as provided for in I nance shall be subject to the 2
the Code of Ordinances of the
Town of Westlake, and upon same penalty as provided for in
conviction shall be punishable the Code of Ordinances of the
by a fine not to exceed the sum Townn oof Wesstllaake,, and upon Published On:
of Five Hundred Dollars conviction shall be punishable
($500.00)for each offense. Each by a fine not to exceed the sum September 27.2018,September
day that a violation is permitted of Five Hundred Dollars 28,2018
to exist shall constitute a sepa- ($500.00)for each offense.Each
rate offense. PASSED AND AP- day that a violation is permitted _,�
PROVED ON THIS 24th DAY OF to exist shall constitute a sepa- �,-ynm � ~�'�YLGu
SEPTEMBER 2018. rate offense. PASSED AND AP- i j r;•
PROVED ON THIS 24th DAY OF ,ut,. " 't ' ` �`
SEPTEMBER 2018. ,J�Pa...,• c,,c,,,c•St6te of Texas
--- 29 2019
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(Principal Clerk)
SUBSCRIBED AND SWORN TO
BEFORE ME. THIS 2nd day of
October in the year of 2018
Notary Public-Deborah Bay or