ORD 1030 11/08/2012 to�nn.nniuiC'a4S.0
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"City of Choice"
Ordinance No: 10 3 0
AN ORDINANCE REGULATING PEDDLERS, SOLICITORS, CANVASSERS AND
MOBILE VENDORS,ESTABLISHING REGISTRATION REQUIREMENTS FOR THE
PEDDLERS, SOLICITORS AND MOBILE VENDORS,ESTABLISHING
PROTECTIONS FOR HOMEOWNERS DESIRING TO AVOID PEDDLERS,
SOLICITORS AND CANVASSERS,REGULATING HANDBILLS AND PROVIDING
PENALTIES FOR VIOLATIONS
WHEREAS,the City of Cibolo (the"City") is a Home Rule municipality possessing the full
power of local self-government,pursuant to Article 11, Section 5 of the Texas Constitution,
Section 51.072 of Texas Local Government Code, as amended, and the City's Home Rule
Charter; and
WHEREAS,the City Council possesses,pursuant to § 311.001 of the Texas Transportation
Code, as amended, the exclusive control over public streets,highways and alleys of the City; and
WHEREAS,pursuant to the authority vested in the City by way of its home rule charter as well
as §§51.001 and 215.075 of the Local Government Code, the City Council has the power and
authority to regulate solicitors,peddlers,hawkers and mobile food vendors as necessary for the
good government,peace, or order of the municipality or for the trade or commerce of the
municipality and as necessary to carry out the City's police power ; and
WHEREAS,the City Council hereby finds that there has been and continues to be an ever
increasing amount of commercial solicitations within the City; and
WHEREAS, the City Council also finds that there are serious safety issues involved when
individuals solicit in or on public streets,rights-of-way and other areas of vehicular passage,
including such concerns as the physical safety of those who solicit as well as the possible
impeding of traffic flow on public streets; and
WHEREAS,many citizens of this community expect their local government to assist them in
preserving their privacy and avoiding petty annoyances that disrupt their quiet enjoyment of their
homes, and
WHEREAS,other persons often desire to interrupt the quiet enjoyment of one's home to solicit
donations for causes believed to be worthy of support, or to canvas for support for particular
religious, ideological, or political causes or for reasons of prompting commerce, and
WHEREAS, an important part of the freedom enjoyed by all citizens and residents of the United
States is the right to speak freely, to express ideas that may be unpopular, and to engage others in
debate without government interference, and
WHEREAS,based upon United States Supreme Court jurisprudence,the City acknowledges it
is limited in its ability to regulate solicitation by religious,political and charitable institutions
and groups; and
WHEREAS,it is the intent of the City Council not to abridge any individual's or group's
recognized First Amendment rights; and
WHEREAS,it is the responsibility of all units of government to balance these competing
interests in a manner consistent with the Constitution of the United States and of Texas, while
attempting to minimize fraud,prevent crime, and protect the privacy and safety of our citizens;
and
WHEREAS,it is the intent of the City Council to fully respect such First Amendment as well as
equal protection, due process and due course rights in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS:
I.
Section 1. That the Cibolo Code of Ordinances Chapter 18, Article III Sections 18-
138 through 18-157 are hereby amended to read as follows:
ARTICLE III. PEDDLING, CANVASSING AND SOLICITATION ACTIVITIES
Sec. 18-138.-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:
Badge means photographic identification permit issued by the police department of the city.
Canvass means to: (a) attempt to enlist support for or against a particular religion,political party,
candidate, cause or issue or(b) leave written information, including flyers, leaflets, and
brochures, or other forms of advertising, for commercial or non-commercial purposes.
Charitable purpose shall mean philanthropic or other nonprofit objectives, including the benefit
of poor,needy, sick or handicapped persons; 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.
Peddler shall mean a small retail dealer who carries his merchandise with him, traveling from
place to place, or from house to house, exposing his or his principal's goods for sale and in an
attempt to sell them.
Permit means the permit required under the authority of this article to engage in the business of
solicitation.
Political purpose shall mean any form of communication related to a political issue, a particular
candidate to a position or nonpartisan office, a political committee, as defined by state law, or to
a political party.
Religious purpose shall mean for the support of a church,religious society or other religious sect,
group or order.
Residence means any separate living unit occupied for residential purposes by one or more
persons, contained within any type of building or structure.
Solicit means to: (a)request a donation of money or other thing of value, (b) sell or attempt to
sell any item for money or other thing of value.,.
Solicitor means all persons, as well as their agents and employees, engaged in or attempting to
engage in solicitation.
Sunset means the time of day identified by the National Weather Service as the time for sunset
on that day in the city;
Sec. 18-139.- Peddling upon public property.
(a) It is unlawful for any person to expose for sale or to sell any foodstuffs of any nature, any
liquids, any flowers, or any other goods,wares, or merchandise, on any sidewalk, street, or any
other public property or any property dedicated to public use. This section does not apply to any
person acting in compliance with a permit granted by the city nor to transactions in public
buildings or on public property in which transactions the city is a party.
(b) It is unlawful for any person to peddle, sell or offer for sale beverages served by the glass,
hot tamales, enchiladas, red hots, weiners, sausages,hamburgers, fresh and salt water fish and all
other marine life, sandwiches or any other similar food products easily contaminated by dust, dirt
or flies, along or upon,any public street, sidewalk, alley or any other such public easements or
rights-of-way in the city.
(c) It is unlawful for any person to sell or offer for sale ice cream, sherbet, flavored ices or other
frozen dairy products along or upon any public streets, sidewalks, alleys or other public
easements or rights-of-way within the city unless such products are individually packaged frozen
dairy products sold from vehicles equipped with refrigeration facilities adequate to maintain
temperatures sufficient to ensure that the products remain frozen. The products must be
prepackaged frozen dairy products manufactured, frozen and packaged by a frozen dairy foods
products plant licensed by the state department of health. Any person who sells or offers for sale
packaged frozen dairy products from refrigerated vehicles must first obtain a permit as provided
for in Chapter 34 Article III"Food Services of the City of Cibolo"of the City's Code of
Ordinances.
Following the issuance of a permit to engage in the peddling of the above items, each vehicle
operating under such permit must be inspected in accordance with Chapter 34 of this Code.
Revocation of a permit will be in accordance with Chapter 34.
(d) It is unlawful for any person selling or offering for sale any comestible, ice cream, flavored
ice or other frozen dairy products, or any other goods, wares or merchandise within the city to
advertise their presence through the use of whistles,bells,horns, sirens,recorded music or other
noises before 12:00 noon and after sunset.
Sec.18-140.- Solicitation of motor vehicles.
It is unlawful for a person to stand or sit in a roadway or roadway median to solicit money or
other items of value, or to distribute any material to the occupant of any motor vehicle. In this
section,roadway means any public street that has more than two main travel lanes or a speed
limit over 30 miles per hour.
Secs. 18-141-18-150. - Reserved.
Sec. 18-151.- Prohibitions.
(a) It is unlawful for a person 17 years of age or older to solicit an occupant of a residential
dwelling:
(1)Without first obtaining a permit issued by the city;
(2) At any time on a Sunday,New Year's Day, July 4th, Labor Day,Thanksgiving Day,
Christmas Eve Day or Christmas Day;
(3) Before 9:00 a.m.; or after 6:00 p.m., or sunset, whichever is later.
(4) Listed on the No Solicitation Registry or has a"No Solicitors" sign posted on the residence
(5)At a location other than the primary entrance to the residence.
(b) It is unlawful for any person other than the permit holder to use or wear any permit or badge
issued under the provisions of this article.
See. 18-152.-Exemptions.
(a) The provisions of this article-shall not apply to public utility companies or others operating
under franchises granted by the city, insurance sales people,real estate sales people, and others
licensed by the state,religious or political groups or organizations.
(b) Sections 18-151 shall not apply to persons who solicit or canvass for a religious, charitable or
other non-commercial purposes.
Sec. 18-153.—Background Investigation and Permit application.
The police department is authorized to investigate the affairs of any person peddling or soliciting
before the issuance of a permit.
A nonrefundable fee for investigation and administration of the application shall be charged.
Such fee shall not be prorated and shall be paid at the time the application is made and shall not
be returned to the applicant,regardless of whether a permit is issued. All fees are subject to
change upon resolution or ordinance of the city council.
Permit applications must be made on the forms provided by the city and accompanied with the
application fees. Permits are valid for six months or until revoked. Before a permit is issued or
renewed,the applicant must provide:
(1)Valid state driver's license or a state-approved identification card with a photograph.;
(2)A brief description of the business or activity to be conducted;
(3)The name, address and telephone number of the person, company or organization
represented;
(4)A statement as to whether or not the applicant has been convicted of a felony or misdemeanor
and the nature of the offense or violation(excluding traffic offenses);
(5)A statement as to whether or not the applicant has had a civil judgment for fraud, deceit, or
misrepresentation entered against them within five years preceding the date of the application;
(6)Two photographs of the applicant taken within 60 days immediately prior to the date of filing
of the application. The photographs must measure two inches by two inches and show the head
and shoulders of the applicant.
Sec. 18-154.-Denial or revocation of permit.
(a) The city may refuse to issue a permit or may revoke a permit in accordance with the
procedures established by this Code, or otherwise provided by law, for any of the following
reasons:
(1)The applicant provided false information in the application;
(2)The applicant has been convicted of a felony or misdemeanor involving a sex offense,
trafficking in controlled substances,burglary, theft, or any violent acts against persons or
property, within five years preceding the date of application;
(3)A civil judgment for fraud, deceit, or misrepresentation was entered against the applicant
within five years preceding the date of application;
(4)A violation of the prohibitions listed in this article.
(b)The applicant may appeal a permit denial or revocation by filing a written appeal with the
city. The city manager or designee shall review the appeal within 48 business hours after its
filing to determine whether the denial or revocation meets the standards imposed by this article.
The appeal provisions in this section govern over any other conflicting provision in this Code.
Sec. 18-155.-Identification badges.
(a)The city will issue each permit holder an identification badge,which must be worn by the
permit holder at all times while soliciting in the city.
(b)A canvasser, otherwise exempt from the provisions of this article,may request an
identification badge from the city.
Sec. 18-156.-No solicitation registry.
(a) A resident-may place their address on the city's no solicitation registry by completing a form
provided by the city.
(b)The no solicitation registry will be provided to solicitors upon their receiving a permit.
Sec. 18-157.- Penalty for violation of article.
Any person violating any of the provisions or terms of this article shall be deemed guilty of a
misdemeanor and,upon conviction in the municipal court,be punished by a fine not to exceed
the sum of$500.00 for each offense, and each and every day such violation continues shall be
deemed to constitute a separate offense.
Secs. 18-158-18-165. - Reserved.
Section 2. Severability. That the provisions of this ordinance are severable and the invalidity of
any part of this ordinance will not affect the validity of the remainder of the ordinance.
Section 3. Repealer. All ordinances or portions of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. This Ordinance shall be in full force and effect from and after final passage and
approval of the city council of the City of Cibolo, and publication in a newspaper of general
circulation as provided by law.
PASSED AND APPROVED THIS 8th DAY OF NOVEMBER 2012.
Jennif an
Mayor
ATTEST:
Peggy Cimics, TRMC
City Secretary
Approved as to Form:
City Attorney's Office