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Home My WebLink AboutOrdinance 21674-03-2015 i I i ORDINANCE NO. 21674-03-2015 AN ORDINANCE AMENDING` CHAPTER 20, "LICENSES AND I MISCELLANEOUS BUSINESS REGULATIONS", DIVISION I, "DOOR- TO-DOOR VENDORS," OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY RENAMING SECTION 20-141 AND ADDING NEW LANGUAGE; RENUMBERING ALL THE CURRENT I SECTIONS; ADDING LANGUAGE TO SECTION 20-145 REGARDING TIMES THAT DOOR-TO-DOOR SOLICITATION IS- PROHIBITED; AMENDING SECTION 23-14, "POSTING OF HANDBILLS, SIGNS, POSTERS OR ADVERTISEMENTS IN CERTAIN PLACES," OF CHAPTER 23, "OFFENSES AND MISCELLANEOUS PROVISIONS," TO ADD RESTRICTIONS ON TIMES AND CIRCUMSTANCES THAT HANDBILLS CAN BE PLACED ON RESIDENTIAL PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; C PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS I CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN j EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas, is a home rule City acting under its Charter I adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and j Chapter 9 of the Local Government Code; and WHEREAS, the City Council previously adopted ordinances to prevent and deter i deceptive practices and fraud by requiring door-to-door solicitors to register and to regulate those { activities; and i WHEREAS, the City Council has determined that solicitations at residences and other i private property at certain times and under certain circumstances greatly intrudes on the privacy i I and personal property rights of the citizens of Fort Worth; and I I WHEREAS, the City Council finds that regulations addressing all these concerns are in 6 the best interest of the health, safety and welfare of the citizens of Fort Worth; and I WHEREAS, the City Council has considered the rights of those persons who engage in I solicitation and door-to-door activities within the City and has determined that the regulations set Ordinance No.21674-03-2015 Page 1 of 5 6 I 1 1' h forth in this ordinance strike an appropriate balance of protecting the freedoms afforded by the k constitutions of the United States and this State while protecting the City's residents; and WHEREAS,the City Council finds that the regulations in this ordinance do not prevent door-to-door activity and that ample alternative channels of communication exist beyond the i time regulation; and 1 i WHEREAS, it is the intent of the City Council to not infringe on any rights protected by the constitution of both the United States and the State of Texas; I NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,AS FOLLOWS: SECTION 1. i 1 Section 20-141, "Definition," of Division I, "Door-to-Door Vendors," Chapter 20, "Licenses I and Miscellaneous Business Regulations," of the City Code of the City of Fort Worth, is i amended by replacing the current title and language in 20-141 in its entirety to read as follows: i Sec. 20-141. Purpose. ! The purpose of this Division is to provide for the general health, public safety and welfare, comfort, convenience and protection of the City and its residents by: i I (1) prohibiting door-to-door solicitation activity at residences during the times when G such activity is most intrusive and disruptive to citizens'privacy; (2) regulating the manner in which any solicitation activities may occur to promote " good order and protect citizens from aggressive and intimidating practices; and (3) requiring solicitors to register with the City to aid crime detection and deter deceptive practices and fraud. SECTION 2. i Division I, "Door-to-Door Vendors," Chapter 20, "Licenses and Miscellaneous Business Regulations," of the City Code of the City of Fort Worth, is amended by renumbering and renaming the current Sections 20-141 through 20-144 to Sections 20-142 through 20-145 as follows: ' Ordinance No.21674-03-2015 Page 2 of 5 i II i Sec. 20-141. Purpose Sec. 20-142. Definition Sec. 20-143. Registration certificate j Sec. 20-144. Registration information Sec. 20-145. Regulations Secs. 20-146. - 20-160. - Reserved SECTION 3. Newly renumbered Section 145, "Regulations," of Division I, "Door-to-Door Vendors," i i Chapter 20, "Licenses and Miscellaneous Business Regulations," of the City Code of the City of Fort Worth, is hereby amended to add language to restrict the times door-to-door vendors are allowed to solicit at a residence or business to read as follows: Sec. 20-145. Regulations A door-to-door vendor shall not engage in solicitation activity: (1) At any residence or business that has a "No Soliciting" or "No Trespassing" sign posted on the property; (2) At any residence or business where the door-to-door vendor has been verbally informed that no solicitation of food, goods, services, or merchandise is allowed; or (3) At any residence before 9 a.m. and after 7 p.m. Central Standard Time and after 8 p.m. during Daylight Savings Time, unless at the occupant's request. i SECTION 4. Section 23-14 "Posting of Handbills, Signs, Posters or Advertisements in Certain Places– I Prohibited," of Chapter 23, "Offenses and Miscellaneous Provisions," of the City Code of the City of Fort Worth is hereby amended to add language to restrict the times handbills may be placed on private property within the City to read as follows: Sec. 23-14. - Posting of handbills, signs, posters, or advertisements in certain places— Prohibited f i (a) It shall be unlawful for any person, firm, or corporation, other than the owner of the property to post, fasten, erect, or display, or cause to be posted, fastened, erected or displayed: Ordinance No.21674-03-2015 Page 3 of 5 II i i i I i (1) Any type of handbill, sign, poster, or advertisement on or u p on any structure, tree, pole, curb or elsewhere within the right-of-way of any public street, or upon any public property within the city, without the express permission of the city council; (2) Any handbill, sign, poster, or advertisement on or upon any private property, real,personal or mixed, within the city between if: j a. Said property has a "No Soliciting," "No Handbills" or "No Trespassing" sign posted that is clearly visible from the street; or b. The property owner, during the time of placement, orally instructs that no such material be placed on the property. (3) At any residence before 9 a.m. and after 7 p.m. Central Standard Time and after 8 p.m. during Daylight Savings Time, unless at the occupant's request. (b) This section shall not apply to a federal, state or local government employee or public utility employee in the performance of their duties for their employer or to a political sign on public property as allowed in Chapter 29, Section A01.3(c). v I SECTION 5. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, 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 6. t It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid i judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not 1 I affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this j ordinance, since the same would have been enacted by the City Council without the j incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. P i I i P Ordinance No.21674-03-2015 Page 4 of 5 1 j i I i I, SECTION 7. 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 i f fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. 1 SECTION 8. i r All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011, Ordinance No. 13896 or any other j ordinances affecting zoning which 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 i ordinance but may be prosecuted until final disposition by the courts. SECTION 9. I That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. SECTION 10. j. That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law. i APPROVED AS TO FORM AND LEGALITY By: ; Assistant City AttorneV Vj&fDR M VL?r`1 Mary J. er, i Secretary ADOPTED: March 3, 2015 1 EFFECTIVE: *Aa Ordinance No.21674-03-2015 Page 5 of 5 i I f City of Fort Worth, Texas Mayor and Council Communication I COUNCIL ACTION: '.Approved;As Amended on'3W2015 - Ordinance°No 21674'03 2015.? P DATE: Tuesday, March 03, 2015 REFERENCE NO.: G-18426 LOG NAME: 12DOOR-TO-DOOR SOLICITATION i SUBJECT: Adopt Ordinance Amending and Renumbering Sections 20-141 Through 20-145 of Chapter 20, Licenses and Miscellaneous Business Regulations and Amending Section 23-14 of Chapter 23, Offenses and Miscellaneous Provisions, to Add Times That Restrict Door-to-Door Solicitation and the Placement of Handbills on Property (ALL COUNCIL DISTRICTS) I RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending and renumbering Sections 20-141 through 20-145 of Chapter 20, Licenses and Miscellaneous Business Regulations, and Section 23-14 of Chapter 23, Offenses and Miscellaneous Provisions, to add times that restrict door-to- door solicitation and the placement of handbills on property. i DISCUSSION: On September 17, 2002, the City Council adopted Ordinance No. 15245 to prevent and deter deceptive practices and fraud by requiring door-to-door solicitors to register with Planning and Development Department. All solicitors are required to provide his/her name and address as indicated on a government issued form of identification, the name and business address of the employer or principal, a brief description of food, goods, services or merchandise to be sold, the hours and location of the vending i activity, the model, make, year and license plate number of the vehicle to be used by the vendor and the vendor's sales tax identification number. No solicitation is allowed where a "no solicitation" or"no trespassing" sign is posted on the property or where the door-to-door vendor has been verbally informed that no solicitation of food, goods, services or merchandise is allowed. Due to concerns raised by citizens regarding door-to-door solicitations occurring during late hours, the City Council requested Staff to bring forward an ordinance limiting the times that a person can solicit door-to- i door. I Adoption of the attached ordinance would prohibit door-to-door solicitation and the placement of handbills on residential property before 9:00 a.m. and after 9:00 p.m. unless at the occupant's request. i FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City i funds. FUND CENTERS: TO Fund/Account/Centers FROM F u nd/Accou nt/C enters I CERTIFICATIONS: i i Loaname: 12DOOR-TO-DOOR SOLICITATION Page 1 of 2 i i Fernando Costa (6122) Sarah J. Fullenwider 7606 Originating Department Head: ( ) Additional Information Contact: Gerald Pruitt (7616) I , I I ,I i I I iI I i , 6 i i I li I � LoRname: 12DOOR-TO-DOOR SOLICITATION Page 2 of 2