DIVISION 2. REGULATIONS, RESTICTIONS REQUIREMENTS, ETC.

Sec. 78-58. Definitions.
As used in this division the following words have the meaning indicated:
Canvasser is a person who is distributing door to door (without personal contact with an occupant of the residence) a handbill or flyer advertising a product or an event or service. This would be your handbills without contact/solicitation

Peddler is a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell a good or service. A "peddler" does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit, when personal contact with the occupant of the residence may or may not occur. Such a person is a "solicitor."

Solicitor is a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of (1) attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service, or (2) distributing a handbill or flyer advertising a commercial event or service.
(Ord. No. 2008-13, § 1, 5-13-2008)

Sec. 78-59. Exceptions.
This division shall not apply to a federal, state or local government employee or a public utility employee in the performance of his/her duty for his/her employer. This division finds and presumes the community supports a universal invitation to solicitation by and shall not apply to minor or adolescent member participants in local nonprofit youth organizations such as youth sports organizations or boy scout or girl scout soliciting, door to door, in his/her official uniform, for scholarships or expenses for organized competition for which the solicitor's team or group is eligible or for products expressly endorsed by the nonprofit organization(s), such as girl scout cookies or similar products. Such youthful uniformed solicitors may be accompanied by a parent or responsible adult, who also shall not be regulated hereunder as a solicitor or peddler. The regulation of door to door solicitation requires a sensitive balance between the goal of identification of unknown persons at our doorsteps and freedom of speech. Any regulation and any exception must be clear and justifiable. All solicitors shall comply with these regulations unless council has found herein or finds hereafter that the type of solicitation they perform is inherently local, protected by law and/or deserving of exemption. Henceforth the addition of a category of exempt solicitors may be by resolution instead of ordinance so the process may be expedited and timely.
The following types of door to door solicitation are hereby found and declared to be exempt:
1. The representatives of youth sports organizations described hereinabove.
2. The representatives of scouting organizations described hereinabove.
3. Those who solicit subscriptions to a newspaper of general circulation in the county.
4. A federal, state or local government employee or public utility employee engaged in the performance of his/her duty for his/her employer.
(Ord. No. 2008-13, § 2, 5-13-2008)

Sec. 78-60. Registration required for peddlers and solicitors.
No person shall act as a peddler or as a solicitor within the city without first registering with the office of the issuing officer, during regular office hours at the city. Initially, the issuing officer shall be the chief of police or his designee in the police department.
(Ord. No. 2008-13, § 3, 5-13-2008)

Sec. 78-61. Fee.
There shall be no fee for registration of a peddler or solicitor, but if a photographic likeness is not available, the actual cost of an instant photograph shall be paid by the registrant as part of the registration process.
(Ord. No. 2008-13, § 4, 5-13-2008)

Sec. 78-62. Contents of registration form.
The registrant (person or organization) shall provide the following sworn information:
(1) Name of applicant.

(2) The name, physical description and photograph of each person who registers, or, in lieu of this information, a driver's license, state identification card, passport, or other government-issued identification card (issued by a government within the United States) containing this information may be provided, and a photocopy taken. If a photograph is not supplied, the city will take an instant photograph of each person for which a card is requested at the application site. The actual cost of the instant photograph will be paid by the applicant.

(3) The permanent and (if any) local address of the registrant.

(4) The permanent and (if any) local address of each person for whom registration is sought.

(5) A statement that the registrant has not been convicted of a felony or of a crime of moral turpitude in the last seven years. A false statement hereunder shall be grounds for cancellation of the issuance of a certificate of registration.

(6) A brief description of the proposed activity related to this registration. (Copies of literature to be distributed may be substituted for this description at the option of the registrant).

(7) Date and place of birth for each person for whom registration is requested and (if available) the Social Security number of such person.

(8) The motor vehicle make, model, year, color, and state license plate number of any vehicle which will be used by each person for whom registration is requested.

(9) If a registration certificate is requested for a solicitor:
* The name and permanent address of the organization, person, or group for whom donations (or proceeds) are to be accepted.

(10) Any other information the applicant wishes to provide, perhaps including copies of literature to be distributed, references to other municipalities where similar activities have occurred, etc.
(Ord. No. 2008-13, § 5, 5-13-2008)

Sec. 78-63. Registration documentation.
The issuing officer shall issue to each applicant, documentation or certification of registration (hereafter "registration documentation") that shall be dated for the date of actual registration and that documentation is only valid for the date of registration and the 30 days immediately following the date of issuance.
(Ord. No. 2008-13, § 6, 5-13-2008)

Sec. 78-64. Display of identification card.
Each registration documentation receipt shall be worn on the outer clothing of the individual during door to door solicitation activities, so as to be reasonably visible to any person who might be approached by said person.
(Ord. No. 2008-13, § 7, 5-13-2008)

Sec. 78-65. Validity of identification card.
Registration documentation is only valid for the date of registration and the 30 days immediately following the date of issuance.
(Ord. No. 2008-13, § 8, 5-13-2008)

Sec. 78-66. Revocation of card.
A registration documentation may be revoked for any of the following reasons:
(1) Any violation of this division by the applicant or by the person for whom the particular card was issued.

(2) Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity or on the registration application.

(3) Conviction of any felony or a misdemeanor involving moral turpitude during solicitation activities in the city or within the last seven years.

(4) Conducting the activity in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

The revocation procedure shall be initiated by the filing of a complaint by the city attorney or the issuing officer pursuant to the Texas Administrative Procedure Act, and a hearing before the city council.
(Ord. No. 2008-13, § 9, 5-13-2008)

Sec. 78-67. Distribution of handbills and commercial flyers.
In addition to the other regulations contained herein, a solicitor or peddler leaving handbills or commercial flyers about the community shall observe the following regulations: ***If they aren’t making contact, they are called a canvasser and this doesn’t apply to them***

(1) No handbill or flyer shall be left at, or attached to any sign, utility pole, transit shelter or other structure within the public right-of-way. The police are authorized to remove any handbill or flyer found within the right-of way.

(2) No handbill or flyer shall be left at, or attached to any privately owned property in a manner that causes damage to such privately owned property.

(3) No handbill or flyer shall be left at, or attached to any property having a "no solicitor" sign of the type described in subsection 78-68(1) or (2).

(4) Any person observed peddling, soliciting or distributing handbills or flyers shall be required to identify himself/herself to the police (either by producing evidence of timely registration documentation or other form of identification).

This is for the purpose of knowing the likely identity of the perpetrator if the city receives a complaint of damage caused to private property during the distribution of handbills or flyers.
(Ord. No. 2008-13, § 10, 5-13-2008)

Sec. 78-68. Posted properties, declaration of acceptable times to solicit door to door and restriction of solicitation at all other times. Each house must have a No Solicitation sign posted, the entrance to the subdivision is not sufficient notice and unenforceable.
No peddler, solicitor or canvasser shall:

(1) Enter upon any private property where the property has clearly posted in the front yard a sign visible from the right-of-way (public or private) indicating a prohibition against peddling and/or soliciting.
Such sign need not exceed one square foot in size and may contain words such as "no soliciting" or "no solicitors" in letters of at least two inches in height. (The phrase "no soliciting" or "no solicitors" shall also prohibit peddlers and handbill distributors or canvassers.

(2) Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entrance way leading into the residence or dwelling at which guests would normally enter, which sign contains the words "no soliciting" or "no solicitors" and which is clearly visible to the peddler, solicitor or canvasser.

(3) Use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
(4) Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.

(5) Enter upon the property of another except on Monday through Saturday of each week between the hours of 9:00 a.m. and 7:00 p.m.
Provided, however, the above prohibitions shall not apply when the peddler or solicitor has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property. See section 78-59 for those persons deemed by council to have such an express invitation from all residents of the city.
(Ord. No. 2008-13, § 11, 5-13-2008)

Sec. 78-69. Violation to be prosecuted as trespass.
Any person violating any part of this chapter shall, upon conviction, be guilty of a Class C misdemeanor punishable by fine of the maximum allowed by law.