HomeMy WebLinkAboutOrd 840-2020 Repeal and Replace Ch 5, Article 5.05 (Solicitors)CITY OF ANNA, TEXAS
ORDINANCE NO ����-��L�?
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
REPEALING ARTICLE 5.05 (SOLICITORS) OF CHAPTER 5 (BUSINESS
REGULATIONS) OF THE ANNA CITY CODE OF ORDINANCES AND REPLACING
SAID ARTICLE WITH A NEW ARTICLE 5.05 ADOPTING REVISED REGULATIONS
OF SOLICITATION IN THE CITY; AMENDING SECTION A4.004 (SOLICITATION
PERMIT AND IDENTIFICATION CARDS) OF ARTICLE A4.000 (MISCELLANEOUS
FEES) OF THE ANNA CITY CODE OF ORDINANCES; PROVIDING A PENALTY
FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas ("City") finds that unregulated door-to-door
solicitation is a nuisance and endangers not only rights of City residents to quiet use
and enjoyment of their property, but also presents hazards to the health, safety, and
welfare of the community; and
WHEREAS, the City Council of Anna ("City Council") has investigated and determined
that this ordinance is necessary to protect the City's residents against criminal activity,
including fraud and burglary, minimize the unwelcome disturbance of citizens and the
disruption of privacy, and otherwise preserve the public health, safety, and welfare by
regulating and controlling solicitors and administering a process for issuance of permits
for such activities; and
WHEREAS, the City Council believes that the City's residents should be protected from
disturbance by uninvited individuals who solicit door-to-door or who deliver flyers,
pamphlets, handouts, handbills, or advertisements to homes, and so desires to regulate
such activity to the extent permitted by the Texas Constitution and United States
Constitution; and
WHEREAS, the practice of pedestrians loitering in and around public rights -of --way in
the City for the purpose of soliciting financial contributions from passing drivers has
been found to be a nuisance, a distraction to drivers, and presents a hazard to the safe
movement of motor vehicles and persons in and through the City; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to amend The Anna City Code
of Ordinances ("Anna Code"), by repealing the existing Article 5.05 (Solicitors) of
Chapter 5 (Business Regulations), in its entirety, and replacing it with a new Article 5.05
(Solicitors) of Chapter 5 (Business Regulations), and to amend Section A4.004
(Solicitation Permit and Identification Cards) of Article A4.000 (Miscellaneous Fees) of
Appendix A of the Anna Code by revising the amounts charged for such permits;
CITY OF ANNA, TEXAS ORDINANCE NO. ��r-v Page 1 of 17
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Repealing Article 5.05 (Solicitors) of Chapter 5 (Business
Regulations) of the Anna Code
Article 5.05 (Solicitors) of Chapter 5 (Business Regulations) of the Anna Code is hereby
repealed in its entirety.
Section 3. Adding a New Article 5.05 (Solicitors) to Chapter 5 (Business
Regulations) to the Anna Code.
This section amends Chapter 5 (Business Regulations) of the Anna Code, by adding a
new Article 5.05 (Solicitors), as set forth below:
ARTICLE 5.05 SOLICITORS
Sec. 5.05.001 Purpose
This article is and shall be deemed an exercise of the police powers of the state
and of the city for the good government, peace, order, public safety, comfort,
convenience, and protection of the city and the citizens thereof, and all of the
provisions of this article shall be constructed for the accomplishment of that
purpose.
Sec. 5.05.002 Definitions
The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
(Vil
means the City of Anna, Texas.
Consumer means an individual who acquires real or personal property,
services, money, or credit for personal, family or household purposes.
Parkway means the area between the edge of the designated street and the
adjacent owner's property line.
Public property means: (a) any propert
y open or devoted to public use or owned
by the city; and (b) any area, inclusive of area owned in fee simple or held as
rights of way or easements, whether prescriptive or dedicated, to the public use
CITY OF ANNA, TEXAS ORDINANCE NO. �� Page 2 of 17
for sidewalk, street, highway, roadway or other transportation purposes,
including, but not limited to, any curb, median, parkway, shoulder, sidewalk,
aHey, drive, or public right-of-way.
Religious organization means an organization that is dedicated to the support of
a church, religious society, or any other religious sect, group, or order.
Roadway means the portion of a highway, other than the berm or shoulder, that
is improved, designed, or ordinarily used for vehicular travel. If a highway
includes at least two separate roadways, the term applies to each roadway
separately.
Sidewalk means any surface provided for the use of pedestrians which excludes
motor vehicles.
Street solicitation means gaining or attempting to gain—from the roadway or
public property adjacent to the roadway—the attention of occupants of vehicles,
either orally or in writing, in order to: (1) ask for a ride, employment, work,
goods, services, financial aid, monetary gifts, or any article or thing representing
monetary value, for any purpose; (2) offer to sell something; (3) register or take
application for registration for memberships in a group or organization; (4) give
away goods, services or publications; or (5) ask for signatures on a petition; or
(6) ask for answers/opinions on a survey or other purposes.
Solicitation means conduct within the city's corporate limits whereby a solicitor
attempts to engage in or engages in the following activities:
(1) Either orally or in writing, asks for a ride, employment, property,
financial aid, money, or any article or thing representing monetary value, for any
purpose;
(2) Whether orally or in writing, peddles, sells or offers to sell goods,
services, publications, or subscriptions;
(3) Whether orally or in writing, takes orders for any goods or services
for future delivery;
(4) Distributes without remuneration goods, services, publications, or
subscriptions;
(5) Requests signatures on a petition or canvasses for opinions for a
survey; or
(6) Delivery of handbills or circulars dooMo-door for the solicitation of
money, products, services or other items of pecuniary value.
"Street solicitation" has a different meaning than "solicitation" and is defined
separately in this section.
Solicitor means any individual, firm, company, partnership, corporation,
association, trust, society, religious organization, league, or other legal
CITY OF ANNA, TEXAS ORDINANCE NO. o -ry Page 3 of 17
(including any trustee, receiver, assignee, agent, member or similar
representative) attempting to engage in or engaging in any act of solicitation or
street solicitation as those terms are defined in this article. "Solicitor" also
includes beggars and panhandlers.
Street means the portion of the street that is paved, designated, or used for
vehicular traffic, and all areas dedicated to public use for public street purposes,
which includes parkways, alleys, public easements, and sidewalks.
Vehicle means a device that can be used to transport or draw persons or
property on a roadway.
Sec. 5.05.003 Permit required; conditions
(a) It shall be unlawful for any person to attempt or to engage in solicitation
without having first applied for and obtained a permit from the city in accordance
with this article.
(b) Such permit shall be personal to the individual solicitor and shall not be
reproduced nor assigned nor transferred to any other solicitor. Any such
attempted transfer or reproduction is unlawful and shall render the permit void.
(c) Each permit shall expire as of the date noted thereon, which date shall
be in accordance with the provisions of this article, and such permit shall
indicate the daily hours when solicitation within the city is permitted in
accordance with the provisions of this article. Solicitation in the city while
displaying an expired permit is unlawful. Solicitation outside of the hours
specified in a permit is unlawful.
(d) It shall be unlawful for any person who shall conduct solicitation in the
citY to represent in connection with such solicitation of funds that the issuance of
a permit or identification card by the city constitutes an endorsement thereof.
(e) It shall be unlawful for any person engage in solicitation for a purpose
other than that set out in the registration statement or application upon which
the permit was issued.
(f) A permit shall not be issued to any person under 13 years of age.
(g) Solicitation shall be deemed completed when made, regardless of
whether the person making the solicitation receives any contribution or makes
any sale.
Sec. 5.05.004 Prohibited location, activities, and conduct
a) It shall be unlawful for
to engage in solicitation, with or without a
CITY OF ANNA, TEXAS ORDINANCE NO.�_ Page 4 of 17
permit issued in accordance with this article, in the following places in the city:
(1) Within 25 feet of the following facilities:
a. ATM machines;
b. Entrances and exits of banks, credit unions, or other financial
institutions;
c. Exterior public pay telephones;
d. Self-service car washes;
e. Self-service fuel pumps;
f. Public transportation stops; or
g. An outdoor dining area of a fixed food establishment; or
(2) Any residence or place of business which shall exhibit in a conspicuous
place upon or near the main entrance to the residence containing the
words "NO SOLICITORS" or "NO SOLICITATION." The letters shall be
not less than two-thirds of an inch in height and should be displayed on
a weatherproof card not less than three inches by four inches in size.
(b) It shall be unlawful to conduct any manner of street solicitation anywhere in
the city. An offense occurs when the street solicitation is made, whether or not
an actual employment relationship is created, a transaction is completed, or an
exchange of money, goods, or services or other exchange takes place.
(c) It shall be unlawful for a person engaged in solicitation to:
(1) Misrepresent the purpose of the solicitation;
(2) Misrepresent the affiliation of those engaged in the solicitation;
(3) Continue efforts to solicit from an individual once that individual informs
the solicitor that he does not wish to give anything to or purchase or
accept anything from that solicitor;
(4) Represent the issuance of any permit or registration under this article
as an endorsement or recommendation of the solicitation;
(5) Remove, deface, or render illegible a card placed by the occupant of a
residence or place of business pursuant to Sec. 5.05.004(a)(2);
(6) Conduct solicitation on property upon which the owner of the property
or the person controlling the property has posted signs prohibiting
solicitation; or
(7) Remain on property after the property owner, or the property owner's
designee, representative or agent, has instructed the solicitor to leave.
(d) No solicitor, or person working on his behalf, shall shout, make an outcry,
blow a horn or whistle, or use any sound device, including any sound amplifying
system, upon any of the streets, avenues, alleys, parks or other public places of
the city, or otherwise be in violation of the city's noise regulations.
(e) No person shall engage in solicitation through the delivery
of handbills or
circulars by placing said handbills or circulars on motor vehicles, public utility
posts, or other location such that the same constitutes littering under Texas
Health and Safety Code Chapter 365. It is presumed that the person or
CITY OF ANNA, TEXAS ORDINANCE NO. r�`-f+ C> Page 5 of 17
business whose address or telephone number is listed in the notice, poster,
paper, or device, or who is otherwise named, described, or identified in the
notice, poster, paper, or device, is the person or business who committed the
violation, either personally or through an agent or employee.
(f) Notwithstanding any other provision in this article, it shall be unlawful for any
person to allow children 13 years of age or younger to engage in solicitation,
unless such children are actively supervised by a parent, guardian or other adult
person at least 18 years of age. For purposes of this section, "actively
supervised" means that the adult person shall be within 100 feet of all children
13 years of age or younger for whom the adult person is responsible at all times
when the children are engaged in solicitation.
(g) For purposes of the 25 -foot measurement stated in subsection (a)(1) of
this section, the measurement will be made in a straight line, without regard to
intervening structures or objects, from the nearest point at which a solicitation is
being conducted to whichever is applicable of the following:
(1) the nearest entrance or exit of a facility in which an automated teller
machine is enclosed or, if the machine is not enclosed in a facility,
to the nearest part of the automated teller machine;
(2) the nearest entrance or exit of a bank, credit union, or other similar
financial institution;
(3) the nearest part of an exterior public pay telephone;
(4) the nearest part of the structure of a self- service car wash;
(5) the nearest part of aself-service fuel pump;
(6) the nearest point of any sign or marking designating an area as a
public transportation stop; or
(7) the nearest part
of any table in an outdoor dining area or, if the
outdoor dining area is contained within an enclosure, the nearest
part of that enclosure.
Sec. 5.05.005 Times when soliciting prohibited
No person shall engage in solicitation in any residential district in the city after
sunset on any day until 9:00 a.m., Monday through Saturday, unless the
transaction is the result of a request made to such person by the occupant of
such private residence. The term "sunset" means the time of day identified by
the National Weather Service as the time for sunset for that day for the city.
There shall be no solicitations on Sunday, New Year's Day, Fourth of July,
CITY OF ANNA, TEXAS ORDINANCE NO. � � Page 6 of 17
Memorial Day (observed), Labor Day (observed), Thanksgiving, or Christmas
Day.
Sec. 5.05.006 Exemptions
(a) The following persons engaged in solicitation in the city shall first
register with the police department. Said registration shall consist of filling out a
form supplied by the police department and supplying proof that the registrant is
engaged in one of the activities below. Upon receipt of a completed registration
form and verification that the supplied proof is satisfactory, the chief of police of
the city or the chief of police's designee ("chief of police") shall issue to the
applicant a registration certificate which provides an exemption to the terms and
conditions of this article and payment of the solicitation permit fee. The following
persons are eligible to register and be exempted from this article under this
section:
(1) Employees, officials, agents, or representatives of utility companies
conducting official business with existing customers associated with a
franchise granted by the city or duly authorized to operate utility
services in the city by a superior agency;
(2) Commercial agents dealing with local business establishments in the
usual course of business;
(3) Insurance salesmen, real estate salesmen, and others conducting
business within the ambit of a valid license issued by the State of
Texas; and
(4) Qualifying persons operating under an authorization issued under
Texas Transportation Code § 552.0071.
(b) The following activities are not classified as solicitation for the
purposes of this article, although persons engaging in such activities may
voluntarily elect to register with the police department:
(1) An offer of membership in any organization unless that offer of
membership is contingent on a financial transaction with a specified
person or entity (e.g., gym "memberships", activity clubs requiring
purchase of goods or services from a specific source);
(2) Employees, officials, agents, or representatives of governmental
entities conducting official business;
(3) Solicitations by children under the age of 13, so long as they are
actively supervised by a parent, guardian or other adult person, at
least 18 years of age, who is responsible for the well-being of the
CITY OF ANNA, TEXAS ORDINANCE NO. � Page 7 of 17
child;
(4) Religious, political, or nonprofit organizations and their
representatives may distribute handbills, pamphlets, or other written
materials ("literature") for the purpose of communicating issues of
general interest to the public are not required to register with the
police department or pay a permit fee, (acceptance of a voluntary
donation from a resident during the distribution of literature does not
affect this exemption);
(5) Ordinary commercial travelers who sell, or exhibit for sale, goods,
wares, or merchandise to persons selling and dealing in the same
within the city; and
(6) Persons making regular delivery of newspapers or magazines or
other items which have been voluntarily subscribed to by the persons
receiving them or by occupants of the premises to which they are
delivered.
(c) Notwithstanding any provision of this
provide for any exemption or exception from
solicitation.
Sec. 5.05.007 Affirmative Defenses
section, this section does not
the prohibition against street
A person accused of a violation of this article may present evidence relating to
the following conditions as an affirmative defense against prosecution:
(1) Solicitation (other than street solicitation as defined and prohibited
under this article) consisting of being lawfully present in a public right-
of-way for the purpose of selling newspapers or publications or other
printed material which deal with the dissemination of information or
opinion.
(2) Activity falling within definition of solicitation or street solicitation under
this article was for purpose of summoning aid or requesting
assistance in an emergency situation, or by a law enforcement officer
in the performance of official duties.
(3) Solicitation was conducted under a reasonable belief that the property
or occupants were at imminent risk of injury from flood, gas leak, fire,
or natural disaster, or that the structure was subject to an evacuation
order promulgated by a lawful authority.
Sec. 5.05.008 Application for permit
CITY OF ANNA, TEXAS ORDINANCE NO.��, Page 8 of 17
Every person or entity desiring to engage in solicitation in the city shall, unless
otherwise excepted, apply for a permit from the police department. Each
application for a permit required by this section shall be in writing, under oath,
notarized and shall set out the following:
(1) The name of the applicant, with his permanent residence;
(2) Whether the person represents a partnership, corporation or
association, and:
a. The business address and telephone number of the applicant;
b. If a partnership, the names of all partners and the principal business
address and telephone number of each partner;
c. If a corporation, the person applying shall state whether it is
organized under the laws of the state or is a foreign corporation,
and must show the mailing address, business location, telephone
number, name of the individual in charge of the city office of such
corporation, and the names and addresses of all officers and
directors or trustees of said corporation, and, if a foreign
corporation, the place of incorporation; or
d. If an association, the application shall show the association's
principal business address and telephone number, if any, and shall
show names and principal business or residence addresses and
telephone numbers of all members of the association unless they
exceed ten in number, in which case the application shall so state
and the person registering may alternatively list the names and
principal business or residence addresses and telephone numbers
of the officers and directors or trustees of the association. If the
association is part of a multistate organization or association, the
mailing address and business locations of its local office;
(3) The name and address of each person to solicit under the permit;
(4) The names mailing address A+ I k
ne number of all individuals
who will be in direct charge or control of the solicitation of funds;
(5) The kind, type and character of goods or services he proposes to offer
for sale, including the name brand, manufacturer and distributor of
goods and commodities and the name, publisher and distributor of all
books, magazines or periodicals to be offered for sale;
(6) Names and addresses of five persons as references, excluding relatives
and persons living with the applicant;
(7) How often the applicant expects to conduct solicitation within the city
during the subsequent 12 -month period;
CITY OF ANNA, TEXAS ORDINANCE NO. �� U Page 9 of 1?
(8) The period within which the solicitation is to be made, giving the date of
the beginning of solicitation and its projected conclusion;
(9) A description of the methods and means by which the solicitation
is to be accomplished;
(10) The names of any cities where the applicant has worked within the
previous six months;
(11) Whether the applicant, or any solicitor listed in the application, has
ever been convicted of a felony or a misdemeanor involving moral
turpitude;
(12) The state driver's license number or a state approved identification
card number of the applicant and each solicitor; and
(13) The social security number of the applicant and each solicitor.
Sec. 5.05.009 Permit attachments
In addition, there shall be attached to each application for a permit, the
following:
(1) Two recent photographic likenesses of the applicant's face, and any
solicitor soliciting under said permit, which photographs shall not
exceed one inch squared in size;
(2) If the application is submitted on behalf of an entity, a certificate or letter
fI om the president, vice-president, general manager, sales manager,
assistant sales manager or district or area manager of the company for
which the applicant works, sells or solicits stating that the applicant and
any solicitors listed in the permit application is/are employees and/or
agents of such company;
(3) A reference to a recognized financial rating publication, which reference
shall show the page on which the company's or firm's financial standing
can be found; or a letter or a certificate from an association or
organization which has as its purpose the protection of citizens of the
United States against illegal or unsavory business practices stating that
the firm or company is a member in good standing of such association
or organization; and
(4) For individuals who are not canvassing, selling or soliciting for any firm,
company, or other legal entity, letters of recommendation from two
citizens of the applicant's city of permanent residence shall be
CITY OF ANNA, TEXAS ORDINANCE NO. �� Page 10 of 17
submitted.
Sec. 5.05.010 Fees
The application shall be accompanied by a fee as set forth in section A4.004 of
the fee schedule in appendix A of this code, for the investigation and
administration of the provisions of this article. This fee shall be paid to the city
permit officer. In addition, the applicant shall pay a fee as set forth in section
A4.004 of the fee schedule for each identification card issued.
Sec. 5.05.011 Investigation of applicant
It shall be the duty of the chief of police to secure a background check through
any lawful means on each applicant, and all other persons listed on the
application before issuance of a permit, which investigation may include, but is
not necessarily limited to, personal interviews with named individuals, criminal
history checks, verification of references and information contained within the
application.
Sec. 5.05.012 Issuance of permit; duration of permit
A permit applied for under this article shall be issued by the police department
within ten days after the application is completed and filed, unless it is
determined that the applicant has provided false or incomplete information on
his application. Said ten-day time period shall not begin to run until the
application is 100% complete and all fees have been paid. A permit requested
under this article shall be issued for the length of time requested, not to exceed
six months. An expired permit may be renewed under the same terms and
conditions as the original application and subject to the same fees and an
updated criminal history check.
Sec. 5.05.013 Denial of permit
An application for a solicitation permit will be denied if any of the following
conditions exist:
(1) The applicant fails to provide all missing components of the permit
application within 5 (five) business days following notification from the
chief of police that the application is incomplete.
(2) Any information submitt
ed in the permit application is determined to be
false.
(3) The lawful existence of any business entity applicant cannot be verified.
4) The names or addresses of
who is to solicit under the permit
CITY OF ANNA, TEXAS ORDINANCE NO. _ Page 11 of 17
cannot be verified.
(5) Any person listed as a reference on the application fails to respond to the
city's contact attempts within 72 hours.
(6) The applicant, the entity on whose behalf the applicant submits the
application, or any person to engage in solicitation under the permit is
determined to have a prior conviction for, or is under ongoing
investigation or prosecution for, any offense involving violence (including
but not limited to domestic violence or sexual assault), unlawful entry
onto property, willful or reckless destruction of property, theft, robbery,
burglary, fraud, or any crime of moral turpitude. If the offense which
would be disqualifying under this subsection is the subject of a
governmental pardon issued by the appropriate authority, it shall not form
the basis of denial of a permit.
(7) The applicant, the entity on whose behalf the applicant submits the
application, or any person to engage in solicitation under the permit is
determined to have engaged in conduct constituting a violation of
solicitation regulations promulgated by any other governmental entity,
including but not limited to another municipality, unless such violations
have been conclusively abrogated by judicial determination of a court of
competent jurisdiction.
(8) The applicant, the entity on whose behalf the applicant submits the
application, or any person to engage in solicitation under the permit is
determined to be delinquent in the payment of any fines, fees, or taxes
owed to the city, including but not limited to sales taxes arising from
business transactions conducted within city territory.
Sec. 5.05.014 Form of permit
Each permit shall be printed in black, except that the following shall be printed
prominently thereon in red text: " I he issuance of the permit is not an
ndomement by the City of Anna or any of its officers or employees." Each
permit shall bear a permit number, which is the same as the file containing the
application filed by the applicant.
Sec. 5.05.015 Permit to be displayed
It shall be unlawful for any person to engage in solicitation in the city without
carrying the identification card and displaying the permit required by this article
on the solicitor's person, in plain view, while engaged in solicitation.
Sec. 5.05.016 Exhibiting permit
CITY OF ANNA, TEXAS ORDINANCE NO.�_ Page 12 of 17
Every solicitor or peddler or seller shall identify as a solicitor upon approaching
a person in a public place or at a private dwelling and explain the purpose of the
solicitation, whether it be direct sales, solicitation or orders of the demonstration
of goods or merchandise, or any combination of purposes thereof, and shall
produce for inspection, upon request by any person, the solicitor's permit issued
by the city.
Sec. 5. 05.017 Solicitors' dentification cards
Each identification card issued by the police department shall bear the name of
the applicant, the application number, the name of the solicitor, or agent, and
the expiration date of the permit, and it shall have printed prominently thereon in
red text: "This identification card is not an endorsement of the solicitation by the
City of Anna or any of its officers or employees. It is your duty to verify all
information given to you by this solicitor." The applicant shall provide, by a
separate list, the names and addresses of all agents or employees for whom
identification cards are to be issued.
Sec. 5.05.018 Responsibility for acts of solicitors
The recipient of a permit or named applicant shall be responsible for the acts of
his authorized representatives or solicitors listed in permit application in
connection with solicitation activities. In this regard, the recipient of the permit
shall actively supervise all persons listed in the permit application, which
supervision shall include, but not be limited to, remaining within the corporate
city limits during all solicitation activity and responding promptly (within ten
minutes) to calls by city representatives relative to the solicitation activity which
may include responding to an on-site complaint from a citizen.
Sec. 5.05.019 Revocation of permit
(a) If, after the permit required by this article has been issued, the chief of
police finds that the permit was obtained by false representation in the
application, or the permit has been reproduced or transferred or assigned to
another person or the applicant has led someone to believe the permit is an
endorsement of the applicant's product or service by the city, or in the event of
fraud or misrepresentation by the permit holder, or in the event of conviction of
the permit holder of a felony or a misdemeanor involving moral turpitude, or in
the event the permit holder has failed to furnish the items required by this
article, such permit may be revoked by the chief of police.
(b) If the chief of police or a police officer has probable cause to believe that a
solicitor has engaged in prohibited conduct as defined by this article, the officer
may revoke the permit of the permit holder.
c) If more than one complaint of misconduct by a solicitor or group of solicitors
CITY OF ANNA, TEXAS ORDINANCE NO. � �`� � Page 13 of 17
working for the same company is received, the permit may be immediately
revoked by the city.
Sec. 5.05.020 Appeal from denial or revocation of permit
Should an applicant be denied a permit, or have a permit revoked, the applicant
may appeal that action to the city council by submitting a letter to the chief of
police within ten days to complain of that action. A hearing of the denial will then
be scheduled for the next regular meeting of the city council, or a special
meeting of the city council, to be held within 45 days of the appeal. The city
council shall render a decision on the appeal within one day of the date of the
hearing. Such hearing shall be an administrative hearing. Adherence to formal
rules of evidence shall not be required. The decision of the city council shall be
final and binding. No new application for a permit from that applicant will be
considered for six months after denial or revocation, unless said denial or
revocation is without prejudice or is conditional and the conditions have been
satisfied as determined by the chief of police.
Sec. 5.05.021 Bond
Each person engaging in solicitation activities requiring cash deposits or taking
orders on delivery purchases (COD) or who requires a contract of agreement to
finance the sale of any goods, services or merchandise for future delivery, or for
services to be performed in the future, shall furnish to the city a cash bond in the
amount of $5,000.00, naming the applicant for the permit as principal. The bond
shall be in full force and effect for one year from the date of issuance of the
permit, unless otherwise extended by demand of the city due to the revocation
of the permit, or an anticipated delivery date beyond 12 months, in order to
protect the citizens of the city from potential losses associated with such
solicitations.
Sec. 5.05.022 Consumers right to cancel
(a) The merchant, peddler, or seller shall provide to the consumer in writing the
right to cancel a solicitation transaction made in person or by telephone in
which the consideration exceeds $25.00, until midnight of the third business
day after the day on which the consumer signs an agreement or offer to
purchase in a solicitation transaction. For purposes of a telephone
solicitation, date of transaction means the day that the consumer receives
the goods, services, or realty purchased in a solicitation transaction.
(b) If the consumer chooses to cancel the solicitation transaction, notification by
mail shall be considered given at the time mailed as evidenced by the
postmark; notification by telegram shall be considered given at the time filed
for transmission; and notification by any other writing shall be considered
given at the time delivered to the merchant's designated place of business.
(c) It shall be unlawful for a merchant, peddler, or seller to refuse to allow the
CITY OF ANNA, TEXAS ORDINANCE NO. ���.� Page 14 of 17
customer to cancel the solicitation transaction.
(d) Cancellations authorized, and the procedure and notice requirements set
forth in Texas Business and Commerce Code Chapter 601, as it may be
amended, are applicable to this section, for transactions applicable
thereunder.
Sec. 5.05.023 Penalty
Any person violating any of the provisions or terms of this article shall be
deemed guilty of a misdemeanor and, upon conviction, shall be punished by a
fine not to exceed the sum of $500.00 for each offense, and each and every day
such violation shall continue be deemed to constitute a separate offense.
Allegation and evidence of a culpable mental state is not required for proof of
any offense defined by this article.
Sec. 5.05.024 Public disclosure
All applications, whether or not a permit is issued, shall be public records and
shall be available for inspection and/or copying by members of the public in
accordance with the provisions of the Texas Public Information Act (Tex. Gov't
Code Chapter 552, as amended).
(Ordinance 283-2006 adopted 8/22/06; 2008 Code, pt. IV, art. 5, sec. 2; Ordinance
adopted ).
Section 4. Amending Sec. A4.004 (Solicitation Permit and Identification Cards)
of Article A4.000 of the Anna Code. This section amends Appendix A Fee Schedule
of the Anna Code by amending Sec. A4.004 (Solicitation Permit and Identification
Cards) of Article A4.000 (Miscellaneous Fees) as follows:
Sec. A4.004 Solicitation permit and identification cards
(a) Within the corporate limits of the city, it shall be unlawful for any person to
engage in solicitation, as defined in section a:95: .05.002, without having
first obtained a permit therefor from the city.
(b) The application shall be accompanied by a $35.00 fee for the original
solicitor or applicant, plus a $35.00 fee for each additional solicitor, for the
investigation and administration of the provisions of article 5.05. This fee shall
be paid to the city permit officer. In addition, the applicant shall pay a $15.00 fee
for each identification card issued.
(Ordinance 283-2006 adopted 8/22/06; 2008 Code, pt. IV, art. 5, sec. 2;
Ordinance , adopted ).
CITY OF ANNA, TEXAS ORDINANCE NO. g' (� Page 15 of 17
CITY OF ANNA, TEXAS ORDINANCE NO._� (Z Page 16 of 17
Section 5. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. Cross-references in other parts, articles or sections of the
Anna Code which make reference to previous enactments carrying the same
designation as any section amended by this ordinance shall be construed as
referencing whichever currently effective provision best preserves the original intent and
effect of the cross-reference. If any provision of this ordinance shall be held to be invalid
or unconstitutional, the remainder of such ordinance shall continue in full force and
effect the same as if such invalid or unconstitutional provision had never been a part
hereof. The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 6. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication of its caption as may be required by law, and the City
Secretary is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 1' flay of
, 2020.
ATTESTED:
City Secretary, Carrie L. Land
APPROVED
la4
Mayor, Nati Pike
CITY OF ANNA, TEXAS ORDINANCE NO. Page 17 of 17