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Ord 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 Ordinance 863 Page 1 of 10 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, Ordinance 863 Page 2 of 10 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: Ordinance 863 Page 3 of 10 (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. Ordinance 863 Page 4 of 10 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. Ordinance 863 Page 5 of 10 (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, Ordinance 863 Page 6 of 10 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. Ordinance 863 Page 7 of 10 (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 Ordinance 863 Page 8 of 10 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 Page 9 of 10 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. ,*Zt ATTEST: Laura Wheat, Mayor 1,Loady Kel Edi ds, Town Secretary Thomas E. Brymer, Tiown Manager ` OF WEST APPROj D • S RM: :� A44 .••• .... <T2' • anton • . n Atto •• �r _1. TE X N`' Ordinance 863 Page 10 of 10 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 _2wf._ is .•r";T:.Cx isi 10- ''�'� v ;tj 1?042344-2 :,� r.i thiV I)) (----Q5HPCMS (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME. THIS 2nd day of October in the year of 2018 Notary Public-Deborah Bay or