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HomeMy WebLinkAboutOrdinance 3700 ORDINANCE NO. 3700 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 18, ARTICLE VII OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, SOLICITORS AND HANDBILLS, TO MODIFY ADMINISTRATIVE AND ENFORCEMENT REQUIREMENTS; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of North Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, The City Council enacted City Ordinance No. 3077 establishing Article VII of Chapter 18 of the Code of Ordinances to regulate door-to-door solicitation and distribution of handbills at residences within the city; and WHEREAS, The City Council wishes to amend Chapter 18 to modify certain administrative and enforcement requirements for a solicitors permit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That Article VII, of Chapter 18, Section 18-481 is hereby amended and restated in its entirety as follows: "Sec. 18-481. — Purpose and Intent. The purpose of this chapter is to secure the general health, safety and welfare for the residents of the city by: (1) Prohibiting door-to-door solicitation activity and handbill distribution at residences during the times when such activity is most intrusive and disruptive to citizens' privacy; (2) Regulating the locations in which solicitation activity and handbill distribution may occur to promote safety and minimize congestion; (3) Regulating the manner in which any solicitation activity and handbill distribution may occur to promote good order and protect citizens from aggressive and intimidating practices; and (4) Requiring solicitors to obtain permits from the city to aid crime detection and deter deceptive practices and fraud. Ordinance No.3700 Page 1 of 7 SECTION 2: That Article VII, of Chapter 18, Section 18-482 is hereby amended and restated in its entirety as follows: Sec. 18-482. — Definitions. In this chapter, the terms listed below shall have the following meaning: Charitable purpose means the use of money or property for the benefit of: (1) Charity or philanthropy, or poor, impoverished, destitute, underprivileged, needy, refugee, diseased, injured, crippled, disabled, or handicapped persons, or persons in need of rehabilitation; (2) Patriotism, that is, for the teaching of patriotism or the relief or assistance of veterans or veteran's organizations; or (3) Existing educational institutions or for the establishment or endowment of educational institutions or in aid of the education of any person or group of persons. City means the City of North Richland Hills, Texas. City manager means the city manager of the city or the city manager's designated representative. City sponsored event means a special event for which the city has issued a permit other than a solicitor's permit or has otherwise authorized to occur, and for which the city pays all or a portion of the costs of the event. Curb means the line adjacent to the edge of the roadway which may be either a raised or lowered or a marked or unmarked surface. Director means the Chief of the North Richland Hills Police Department or the director's designated representative. Edible merchandise means prepackaged, non-potentially hazardous foods such as individually packaged candy, ice cream, chips, bottled or canned drinks, or other individually packaged food that does not require strict temperature control. Handbill means any printed or written material, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any manner. Handbill distribution activity means traveling by foot or vehicle, going door-to-door, house-to- house, building-to-building without intentionally making person-to-person contact, to distribute or leave on or at each premises handbills for any purpose. Handbill distributor means any person who distributes or causes the distribution of handbills or engages in handbill distribution activity. Minor means a person under the age of 18. Permanent established business location means an established place of business operating in a permanent structure on a continuous basis. Permanent structure means a structure for which a certificate of occupancy has been issued. Public place means any area to which the public is invited or in which the public is permitted, and includes, but is not limited to: the parking lot of any commercial establishment, the right-of-way of any street or highway, but does not include the offices or work areas of work places not entered by the public in the normal course of business. Ordinance No.3700 Page 2 of 7 Roadway means that portion of a street or highway designed, improved or ordinarily used for vehicular travel, typically delineated by curbs or the edge of the pavement. Selling means to sell, dispense, peddle, hawk, display, offer to sell or solicit for sale by offering or exposing for sale any goods, wares, merchandise or services. Sidewalk means the portion of a street or highway that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use. Solicitation activities or solicitation activity means the act of traveling either by foot or vehicle, going door-to-door, house-to-house, building-to-building or occupying space in or traveling on or through any public place in the city while intentionally making person-to-person contact to ask, barter or communicate in any other manner, whether orally, by written or printed materials including but not limited to handbills or leaflets, hand signing or by any other method, direct or implied, for the purpose of selling or taking orders for goods, wares, merchandise or services or collecting money for any purpose. Exceptions. The term solicitation activity shall not include: (1) Activity of a salesperson calling upon or dealing with manufacturers, wholesalers, distributors, brokers, dealers, service providers or retailers at their place of business in the usual course of business; (2) Activity approved in conjunction with a city sponsored event; (3) Activity conducted in conjunction with a residential yard or garage sale; (4) Activity of a business conducted at the permanent established business location of that business; (5) Activity conducted with consent of the owner or person in control of the property and not conducted while traveling either by foot or vehicle, going door-to-door, house-to- house or building-to-building; (6) Activity for which a special use permit has been issued pursuant to the city's zoning ordinance; (7) Activity conducted in connection with a mass gathering event under the city's zoning ordinance; (8) Activity conducted at a city park pursuant to a concession agreement with the city or in accordance with applicable park ordinances and policies; (9) Visitation or fund raising by members of an organization from its own members; (10) Personal contact by individuals, political candidates or parties or their supporters seeking solely to advocate particular points of view, issues or candidates; (11) Persons seeking solely to promote religious views; (12) Handbill distribution activity; (13) Persons seeking solely to promote charitable purposes; (14)Any activity exempted from regulation by law. Solicitor means a person who engages in solicitation activities. Solicitor's permit or permit means a permit issued by the director which allows a person to conduct solicitation activities within the city. Ordinance No.3700 Page 3 of 7 Street or highway means the width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular traffic. Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. SECTION 3: That Article VII, of Chapter 18, Sections 18-483 (a) and (c) are hereby amended as follows: Sec. 18-483. — Permit required for solicitors. (a) A person commits an offense if the person engages in solicitation activities in the city without first obtaining a solicitor's permit from the director. (c) An applicant for a solicitor's permit shall pay a permit fee at the time the application is submitted. The amount of the solicitor's permit fee shall be set forth in the schedule of fees approved by the city council. SECTION 4: That Article VII, of Chapter 18, Sections 18-484, and 18-484(a)(7) are hereby amended as follows: Sec. 18-484. —Solicitor's permit application. (a)(7) The nature of solicitation activity (i.e. the merchandise to be sold or offered for sale; or the nature of the services to be furnished); SECTION 5: That Article VII, of Chapter 18, Section 18-484(b) is hereby deleted in its entirety. SECTION 6: That Article VII, of Chapter 18, Section 18-485 is hereby amended as follows: Sec. 18-485.—Solicitation by minors; applications. (a) A minor who conducts solicitation activities shall be sponsored or employed by a person over the age of 18, a corporation, company or organization. The person, company, corporation or organization that is sponsoring or employing the minor(s) is responsible for the conduct of the minor and obtaining a solicitor's permit on the minor's behalf. (b) Each minor 16 years of age or older who engages in solicitation activities or who is sponsored or employed by any person, company, corporation or organization that engages in solicitation activities shall obtain a solicitors permit as required by section 18-483. Ordinance No.3700 Page 4 of 7 SECTION 7: That Article VII, of Chapter 18, Sections 18-487(a), 18-487(a)(6), and 18-487(a)(7) are hereby amended as follows: Sec. 18-487. — Issuance of solicitor's permit. (a) The director shall approve or deny the issuance of a solicitor's permit to an applicant and notify the applicant within 30 days after receipt of the application. If the permit is denied the applicant shall be notified of this decision by mail sent to the address shown on the application. The permit shall not be approved if the director finds one or more of the following to be true: • (a)(6) Within the six months preceding the date of the application, the applicant has failed to comply with any rule, regulation or ordinance of another city or state concerning solicitation activity; or (a)(7) The applicant has an outstanding warrant of arrest for any offense described in subsection (a)(4); SECTION 8: That Article VII, of Chapter 18, Section 18-493 is hereby amended as follows: Sec. 18-493. —Offenses; Restrictions on time for solicitors activity and handbill distribution activity. (a) A person commits an offense if the person engages in solicitation activity or handbill distribution activity at a residence: (b) A person commits an offense if the person engages in solicitation activity or handbill distribution activity at a premises with a posted notice that such activity is not welcomed or invited. It shall be presumed that there is notice that solicitation activity and handbill distribution activity are not welcomed or invited when there is exhibited in a conspicuous place on or near the main entrance of a premises, a sign, not less than one inch by three inches in size, containing the words "NO SOLICITORS", "NO SOLICITING," "NO TRESPASSING", "NO SOLICITORS OR HANDBILLS" or words of similar meaning. (e) No handbill shall be distributed or circulated in or upon any public place or outdoor area. Section (i) of Section 18-493 is hereby deleted in its entirety. Section (j) of Section 18-493 is hereby deleted in its entirety." SECTION 9: Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each Ordinance No.3700 Page 5 of 7 offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 10: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 11: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 12: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 13: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty of this ordinance two times in the official City newspaper. SECTION 14: This ordinance shall be in full force and effect from and after its passage and upon publication as required by Section 13 herein. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 9TH day of August, 2021. CITY RT CH ND HILLS /1/ By: Oscar T vin ayor Ordinance No.3700 Page6of7 _. ATTEST: � i = .......... may. Alicia Richardson .,-r 4.,„4. City Secretary/Chiefv/p/ �ra.,mfinimIlfficer APPROVED AS TO FOR AND LEGALITY: jUlibiLe ----- Maleshia B. McGinnis, City Attorney Ordinance No.3700 Page 7 of 7 .Beaufort Gazette The Herald-Pock Hill el'Nuevo Herald;-Miami Sun News-Myrtle Beach Belleeillr;News-Derno'_rat Harald Sun-Durham Modesto Bee The News."Tribu:ne Tacoma ^Geltingham Herald ldaho Stabmsman`: Raleigh News Sr Observer, The Telegraph-,Macon �lr { � +, t Bradenton;Herald Island Packet The Olympian Sari Luis Obispo Tribune I I . ' �' L N t, i-entreDailylimes' Kansas.City,Star Sacramento Bee Tri-City Herald, Charlotte,Obseri r Lexington Herald-Leader Fort°\Myth StarTelegram Wichita Eagle Columbus Ledger-Enquirer Merced Sun-Star The State-Columbia Fresno Bee Miami Herald' Sun Herald-Biloxi AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 19363 116292 Print Legal Ad-IPL0036527 $82.28 1 45 L Attention: Traci Henderson THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT PO BOX 820609 NORTH RICHLAND HILLS,TX 761820609 Before me,a Notary Public in and for said County and State,this day personally appeared Amanda Grisham,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram,Inc.at CITY OF NORTH Fort Worth,in Tarrant County,Texas;and who, RICHLAND HILLS after being dulysworn,did depose and saythat ORDINANCE NO.3700 P AN ORDINANCE OF THE CITY COUN- the attached clipping of an advertisement was GLAND IL OF THE CITY OF NORTH RICH- HILLS, TEXAS, AMENDING published in the above named paper on the listed CHAPTER 18, ARTICLE VII OF NE dates: NORTH RICHLAND HILLS CODE OF ORDINANCES, SOLICITORS AND HANDBILLS, TO MODIFY ADMIN- ISTRATIVE AND ENFORCEMENT No.of Insertions: 2 REQUIREMENTS; PROVIDING A HALIBCAT THIS OR- DINANCNALTY;SLE UMULATIVE OF Beginning Issue of: 08/12/2021 ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PRO- EndingIssue of: 08/13/2021 VIDING A SEVERABILRY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;AND PROVIDING AN EFFECTIVE DATE. Any person,firm or corporation who violates,disobeys,omits,neglects or refuses to comply with or who resists the enforcement of any of the provi- sions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00)for each offense.Each day that a violation Is permitted to exist shall constitute a separate offense. PASSED AND APPROVED on this 9th day of August,2021. CITY OF NORTH RICHLAND HILLS By:/s/Oscar Trevino 01/43 Oscar Trevino,Mayor ), ATTEST: /s/Alicia Richardson Alicia Richardson City Secretary/Chief Governance Of- Sworn to and subscribed before me this 13th day of ficer APPROVED AS TO FORM AND LE- August in the year of 2021 GALITY: /s/Maleshia B.McGinnis Maleshia B.McGinnis,City Attorney IPL0036527 Aug 12-13 2021 5,,pote; gianze Notary Public in and for the state of Texas,residing in Dallas County O * f . 01 iag 1311 '51 „g ",. •ut`^; ,i::.w, it agn Eta charge for lost or duplicate affidavits. Legal document please do not destroy!