OR 2002-1009 Definition for canvassingORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2002-1009
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6,
ARTICLE 6-2 FOR PEDDLERS AND SOLICITORS BY PROVIDING A
DEFINITION FOR CANVASSING; BY AMENDING THE
CIRCUMSTANCES WHICH REQUIRE NON-CHARITABLE
SOLICITATIONS TO OBTAIN A PERMIT; PROVIDING PROVISIONS
FOR THE REQUIREMENTS FOR PERMITS; AMENDING THE
PROVISIONS REGARDING THE CHARITABLE SOLICITATION
REQUIREMENTS; PROVIDING FOR HOURS OF SOLICITATION OR
CANVASSING; PROVIDING FOR THE POSTING OF NOTICE
PROHIBITING SOLICITORS, HANDBILLS, AND/OR CANVASSING;
PROVIDING CIRCUMSTANCES TO PERMIT AND/OR PROHIBIT
SOLICITATION IN THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR
EXEMPTIONS TO THE ORDINANCE; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Article 6-2, Section 6-2-1 is hereby amended to provide
for a definition of canvass, which shall read as follows:
"Sec. 6-2-1. Definitions.
Canvass shall mean, for the purposes of this ordinance, to examine or discuss in
detail; to make subject of discussion or debate; go through places or among people asking,
requesting or engaging for vote/opinions concerning religious, political, or other topics of
public concern but in no event shall be construed to mean solicitation of funds or soliciting
merchandise as provided herein.
SECTION 2. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Article 6-2, Section 6-2-3(A) is hereby amended to
provide for a commercial purpose, which shall read as follows:
"Sec. 6-2-3. Non-charitable solicitations permit.
A. Application. Any person desiring to solicit in person from house-to-
house.., performed in the future or to make home solicitation transactions for a
commercial purpose within the city shall make sworn written application .....
SECTION 3. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Section 6-2-4 to read as follows:
"Sec. 6-2-4. Charitable solicitations registration.
A. All persons desiring to a solicit funds for charitable purposes or sale of
merchandise to raise funds for charitable purposes in the city shall file with the chief of
police a registration statement on forms provided by the city.
B. The solicitation of funds or sale of merchandise, goods, or ware for charitable
purposes ..... "
SECTION 4. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Section 6-2-9 to read as follows:
"Sec. 6-2-9. Hours of solicitation or canvassing.
A. It shall be unlawful for any person to conduct a charitable or non-charitable
solicitation, to solicit funds, to canvass or go upon any residential ..... "
SECTION 5. That the Code of Ordinances of the City of Coppell, Texas be, and the same
is, hereby amended by amending Chapter 6, Section 6-2-10 to read as follows:
"Sec. 6-2-10. Exhibiting card prohibiting solicitors, handbills and/or canvassing.
A. A person, desiring that no merchant or other person engaged in a, charitable or
non-charitable, solicitation, or home solicitation or place handbills or other advertisement or
canvassing at such person's residence ..... No person shall engage in a charitable or non-
charitable solicitation, a home solicitation or affix, deposit, or otherwise leave handbills or
canvass .....
B. Every merchant or other person intending to engage in a charitable or non-
charitable solicitation, place handbills, or canvass, going onto any premises upon which a
residence .....
C. No person shall . . . attempting to engage in a charitable solicitation, non-
charitable solicitation or home solicitation transaction, or place handbills, or canvass if a
card as described in subsection A of this section ..... "
SECTION 6. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Section 6-2-13 to read as follows:
"Sec. 6-2-13. Charitable solicitations on public-rights-of-way.
No such charitable solicitation may be conducted upon or within the right-
of-way ofI.H.-635, S.H. 121, MacArthur Avenue, BeEline Road, Southwest
Avenue, Denton Tap Road, Sandy Lake Road, or the intersections of any of
the above named streets, or any other interstate highway, a state highway, or
farm-to-market road.
No person under 18 years of age shall conduct any solicitation in or upon
public street.
SECTION 7. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, by adding Section 6-2-17 to read as follows:
"Sec. 6-2-17. Exemptions.
The provisions of this article do not apply to a public utility company, or other
person(s) engaged in canvassing as defined herein, or any other person operating under a franchise
agreement; however, no person shall be permitted to engage in any conduct in violation of Article 6-
2-9."
SECTION 8. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 9. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 10. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 11. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
subject to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and
each and every day such violation is continued shall be deemed to constitute a separate offense.
SECTION 12. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the/0 ~ day of
,2002.
C~'~ SHEEH~'~, MAYOR'
ATTEST:
"L-"fBBt BAI~L-0{7IYY~ECRE~Y
APPR~
ROBERT E. ~9~, CITY ATTO~mY
(REH/cdb 09/03/02) k./
5 49504