OR 2009-1244 Handbills on public property
ORDINANCE NO. 2009-1244
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
ARTICLE 6-2, "PEDDLERS AND SOLICITORS", BY REPEALING
SECTION 6-2-12, “HANDBILLS ON PUBLIC PROPERTY,” AND
REPLACING IT WITH A NEW SECTION 6-2-12, PROHIBITING
HANDBILLS ON PUBLIC PROPERTY AND REGULATING THE
DISTRIBUTION AND PLACEMENT OF HANDBILLS ON PRIVATE
PROPERTY; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS
, Section 6-2-12 of the Code currently prohibits the placement of any
advertisement, handbill, placard, or print, picture, or other written matter, or any device for
advertising purposes on any fence, railing, sidewalk, telephone, electric light or public utility
pole, or other public property; and
WHEREAS,
the City has determined that steps should be taken to regulate the
distribution of advertisements, and bills, and other similar materials distributed on private
property to protect against trespassing by distributors where residents have neither requested or
consented to receive advertising or handbills, to preserve constitutional rights to privacy and to
receive and disseminate information, and to prevent the proliferation of litter by uncontrolled
distribution; and
WHEREAS,
the City Council has determined that it is in the best interest of the City to
amend the Code to not only prohibit the placement of advertisements, handbills, and other
similar materials on public property, but also to regulate distribution of these materials on private
property.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS, THAT:
SECTION 1.
That Article 6-2, "Peddlers and Solicitors,” of the Code of Ordinances be,
and the same is, hereby amended by repealing Section 6-2-12 and replacing it with a new Section
6-2-12, prohibiting placement of handbills on public property and regulating the distribution and
placement of handbills on private property, which shall read as follows:
“ARTICLE 6-2. PEDDLERS AND SOLICITORS
. . . . .
Sec. 6-2-12. Handbills.
A. It shall be unlawful for any person to paste, stick, or place any
advertisement, handbill, placard, printed material, picture or written matter or any
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device for advertising purposes upon any fence, railing, sidewalk, telephone,
electric light or public utility pole or other public property, or to knowingly permit
the same to be done.
B. It shall be unlawful for any person to distribute any advertisement,
handbill, or other written matter at any private property or premises, unless the
person complies with all of the following:
1. The person shall file with the chief of police a registration statement
on forms provided by the City, which shall include the name and
permanent residence address of the applicant, the entity that the
applicant represents, and the name, address, and driver’s license or
state-approved identification card number of each person who will
distribute advertisements, handbills, or other written matter.
2. Each person distributing advertisements, handbills, or other written
matter on private property shall visibly display the certificate of
registration provided by the City on the upper front portion of such
person.
3. The person may only distribute the materials between the hours of
8:00 a.m to 6:00 p.m.
4. The person shall only distribute any advertisement, handbill, or other
written matter at the front entrance of the premises and shall not
distribute such material in any alleyway. The person shall use the
public sidewalk and paved approach to the front entrance and shall not
cut across private property.
5. A person may distribute an advertisement, handbill, or other written
matter only by handing it to a person present on the premises, affixing
it securely to the door handle, or placing in a receptacle, other than the
resident’s mail box, provided for such materials provided that a
resident has not exhibited a card in accordance with Section 6-2-10.
C.The provisions of subsection B do not apply to newspaper delivery, or
distribution of handbills or other written matter with a political or
charitable purpose.”
SECTION 2.
That all provisions of the 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
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provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
SECTION 4. Any person violating any of the provisions or terms of this Ordinance shall
be deemed guilty of a misdemeanor and, upon conviction, 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.
SECTION 5. That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
APP
DULY PASSED by the City Council of the City of Coppell, Texas, this the z day of
OCra 2009.
S TO FORM:
RO ERT E. HAGER, C/
(TM 39322)
ATTORNEY
APPROVED:
ttApkt_12eAtt..6
JAYI PETERS, MAYOR
ATTEST:
LIBBY BALL, Y ECRETARY
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