OR 2019-1507 Peddlers and SolicitorsORDINANCE NO. 2019-1507
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 6,
`BUSINESS REGULATIONS,' ARTICLE 6-2 `PEDDLERS AND
SOLICITORS,' BY AMENDING SECTIONS 6-2 THROUGH 6-2-14;
PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has experienced an increase in the number of peddlers and
solicitors; and
WHEREAS, aggressive solicitation, particularly that on the public roadways or rights-of-
way poses a danger to both the person undertaking the solicitation and the person the solicitation
is aimed at; and
WHEREAS, the City Council finds that it is in the best interest of the City to amend
Chapter 6 of its Code of Ordinances by amending Article 6-2, Peddlers and Solicitors; and
WHEREAS, protecting private residents of the City from unwanted annoyance of
merchants, peddlers and solicitors protects the peace in the community; and
WHEREAS, the City does desire to ensure the protection of the health, safety and welfare
of its citizens; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Chapter 6 of the Coppell Code of Ordinances be, and the same is,
hereby amended by amending Article 6-2, "Peddlers and Solicitors", Sections 6-2 through 6-2-12,
to read as follows:
"Chapter 6
BUSINESS REGULATIONS
Article 6-2 Regulations for Solicitation
Sec. 6-2-1 — General. This Ordinance regulates the time, place and manner for the
solicitation of funds and the distribution of handbills within the corporate limits of the City
of Coppell. The provisions of this Ordinance, however, shall not apply to:
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A. The regular delivery of newspapers, magazines, or other items which have
been subscribed to by the persons receiving them or by occupants of the
premises to which they are delivered;
B. The interruption of service notices by the City or other utility companies;
C. The distribution of mail by the Unites State Postal Service government or
the delivery of mail order merchandise purchased by the occupant of the
premises;
D. The service of any lien foreclosure; or
E. Governmental notices of any character distributed by the City of Coppell
or any other governmental entity.
F. Any exceptions authorized by state law.
Section 6-2-2 Definitions.
The following words phrases, when used in this Ordinance, shall have the meaning
ascribed to them by this Section:
Business day means any calendar day except Saturday, Sunday or any state or
national holiday.
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.
Charitable purpose shall mean philanthropic, religious or other nonprofit
objectives, including the benefit or poor, needy, sick, refugee or handicapped persons;
the benefit of any church or religious society, sect, group or order; the benefit of a
patriotic or veterans' association or organization; the benefit of any fraternal, social or
civil organization, or the benefit or any educational institution. "Charitable purpose" shall
not be construed to include the direct benefit of the individual making the solicitation.
"Charitable purpose" shall not be construed to include the benefit of any political group
or political organization which is subject to financial disclosure under state or federal
law.
Consumer means an individual who seeks or acquires real or personal property,
services, money, or credit for personal, family or household purposes.
Consumer transaction means a sales transaction in which one (1) or more of the
parties is a consumer.
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Deposit or Depositing a Handbill means to place, distribute, handout, or circulate
any type of handbill.
Handbill, Commercial means and includes any printed or written matter, any
sample or devise, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original copies or any matter or literature, which:
a. advertises for sale any merchandise, product, commodity, service, or thing;
b. directs attention to any business, mercantile, commercial establishment, or
other activity for the purpose of either directly or indirectly promoting the
interest thereof,
C. directs attention or advertises any meeting, theatrical performance,
exhibition, group, fundraiser, or other event whether the purpose of
directing attention and advertising is for private gain or for raising fund for
a charitable purpose; or
d. contains information that is of a noncommercial nature, but remains
predominantly and essentially an advertisement, and is distributed or
circulated for advertisement purposes, for private gain, or for raising funds
for a charitable purpose.
Handbill, Noncommercial means and includes any printed or written matter, any
sample or devise, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original copies of any matter or literature, pertaining to any
speech not included in the definition of commercial handbill. Noncommercial handbills
include, but are not limited to, handbills containing exclusively political and religious
speech.
Handbill distributor means and includes any person engaging or engaged in the
business for hire or gain of distributing commercial handbills, other than newspapers
distributed to subscribers thereof, and any person receiving compensation directly or
indirectly for the distribution of such commercial handbills.
Handbill sponsor means and includes the person, firm, or corporation who is
utilizing commercial handbills as a medium of advertising or spreading a message.
Home solicitation transaction means: (i) a consumer transaction for the purchase
of goods, services, or reality, payable in installments or in cash, in which the merchant
engages in a personal solicitation of the sale to the consumer at a residence in person and
the consumer's agreement of offer to purchase in given a the residence to the merchant;
or (ii) any request for funds made by a person solicitation to the occupant of a residence
at a place of residence and the solicitor is unknown to the occupant or owner of the
residence at which the request for funds is made. a home solicitation transaction shall not
include a sale made pursuant to a preexisting revolving charge account or retail charge
agreement, or a sale made pursuant to prior negotiations between the parties at a
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business establishment at a fixed location where goods or services are offered or exhibited
for sale; or a sale where the consumer initiated a request for an appointment for the merchant
to send a representative to his or her residence; or a sale of realty which transaction the
purchaser is represented by a licensed attorney or in which the transaction is being
negotiated by a licensed real estate broker.
Individual or person shall mean an individual, a person, a group of two (2) or more
individuals, a proprietorship, a partnership, a corporation, a limited liability company, an
association, or other legal entity.
Residence means any living unit, occupied for residential purposes by one (1) or
more persons, contained within any type of building or structure.
Solicit funds or solicitation of funds. Any request for the donation of money,
property, or anything of value, or the pledge of a future donation of money, property, or
anything of value; or the selling or offering for sale of any property, real or personal,
tangible or intangible, whether of value or not, including, but not limited to, goods, books,
pamphlets, tickets, publications or subscriptions to publications. Expressly excluded from
the meaning of solicit funds or solicitation of funds is any offer of membership in any
organization. A solicitation of funds is complete when the solicitation is communicated to
any individual then located within the corporate limits of the city.
Sunset. The time of day published on the weather page of the Dallas Morning News
newspaper for sunset on that day in the City of Dallas, Texas.
Section 6-2-3 — Permits Required for Solicitation.
A. Except as otherwise provided, a permit is required for an individual or person, or
through an agent or employee to solicit funds, as defined herein.
B. A permit is not required but such handbill distributor or sponsor must comply
with the provisions of Section 6-2-10 of this Article.
Section 6-2-4 — Door to Door Solicitation.
A. Permit application must be submitted in writing to the Coppell Police Department
and shall include the following
The name of the person applying, the residence and/or business addresses
and their residence and business telephone numbers
2. In regard to any sponsor and/or merchant, the following:
If a natural person, the business and residence addresses and
telephone numbers.
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b. If a partnership: (1) the names of all partners; (ii) the name,
principal business address; (iii) telephone number of the
partnership and the agent for service of process; and (iv) the state
of formation.
C. If a corporation or limited liability company, the person applying
must state (i) the mailing address and telephone number of the
principal place of business and the registered agent; (ii) the mailing
address, business location, telephone number and name of the
individual in charge of the local office of such entity, if any, (iii)
the names of all officers and directors or trustees of such
corporation, or of all members (if member managed), managers
and officers of such limited liability company; and (iv) the state of
incorporation or formation.
d. If an association or any other entity, the person applying must state:
(i) the mailing address and telephone number of the principal place
of business and the agent for process of service; (ii) the names of all
members/owners of the association unless they exceed ten (10) in
number, in which case the application shall so state and the person
registering may alternatively list the names and business addresses
and telephone numbers of the officers and directors or trustees of the
association; and (iii) if the association is part of a multi -state
organization or association, the mailing address and business
location of its central office shall be given, in addition to the mailing
address and business location of its local office.
e. The Coppell Police Department may request satisfactory
documentation of an individual's authority to represent the
partnership, corporation, association or business entity.
3. The names, mailing address, and telephone number of all individuals who
will be in direct charge or control of the solicitation of funds or distribution
of commercial handbills and responsible for ensuring compliance with this
Ordinance.
4. The time period within which the solicitation of funds, giving the date of
the beginning of solicitation or distribution, and its concluding date.
5. a description of the methods and means by which the solicitation of funds
is to be accomplished.
7. the names of other communities in which the applicant has solicited funds
or distributed commercial handbills in the past six (6) months.
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8. the nature of merchandise to be sold or offered for sale or the nature of the
services to be furnished.
9. whether such applicant, upon any such order so obtained, will demand,
accept, or receive payment or deposit of money in advance of final delivery.
10. a statement to the effect that if a permit is granted, such permit will not be
used or represented to be an endorsement or approval by the city or any of
its officers or employees.
11. any other information which Coppell deems necessary for the
administration of this ordinance.
B. Each applicant shall appear in person and provide proof of identification through
submission of a valid driver's license or other valid, official photo identification.
C. The application must be accompanied by a copy of a valid state sales tax certificate,
if applicable.
D. Information provided by the applicant in accordance with the provisions of this
ordinance shall be subject to verification by the Coppell Police Department.
E. All applications, whether or not permitted is issued, shall be considered public
record and shall be available for inspection by members of the public during regular
business hours and copies may be obtained at cost in accordance with the Texas
public information act. redactions of personal identification numbers may be
required under state law.
Section 6-2-5 Permit Fee and Exemptions
A. Except as otherwise provided, every application for permit shall be accompanied
by a nonrefundable application fee as established by resolution of the City Council
to compensate the city for the cost of administering this ordinance, and such fee
will not be refunded if a permit is not issued. no permit provided for by this
ordinance shall be issued until such fee has been paid by the applicant, unless an
exemption applies.
B. The following applicants are not required to pay a permit fee:
Individuals operating under licenses granted by a state agency.
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Section 6-2-6 Permit Issuance, Denial, Duration, and Form.
A. When an application for solicitation permit is filed with the Coppell Police
Department, the Department shall review the application.
B. The Coppell Police Department shall approve the application and issue the
permit unless:
1. the application fails to comply with a provision of this ordinance;
2. a pervious permit issued under this ordinance was revoked within the past
twelve months;
3. the Coppell Police Department determines that the applicant has been
convicted of a felony, a crime of moral turpitude, or is a registered sex
offender
4. the Coppell Police Department determines that the applicant has
furnished false information or identification; or
5. the applicant has a warrant out for their arrest.
C. Coppell Police Department shall notify the applicant of their decision to approve or
deny a permit application within ten (10) business days of the receipt of the
application. Notification of the decision shall be given in writing and either sent via
U.S. mail to the applicant's address as listed on the permit application or delivered
to the applicant in person.
D. If the application was turned in as incomplete, the Coppell Police Department shall
not grant or deny the application but shall return the application with an explanation
of what additional information/documentation is needed to process the application.
the incomplete application and explanation shall be sent within ten (10) business
days of the receipt of the application to the applicant's address as listed on the
permit application or it shall be delivered to the applicant in person.
E. A permit requested under this section shall be issued for the length of time
requested, not to exceed six (6) months.
F. The City shall prescribe the form of the permit. the permit may contain a photo of
the applicant. the following shall be printed prominently on each permit: "The
issuance of this permit is not an endorsement by the City of Coppell or any of its
officers or employees." each permit shall bear a permit number that corresponds
with the City's files containing the application filed by the applicant.
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Section 6-2-7 Permit Suspension or Revocation
A. If a permit holder fails to comply with this ordinance, the Coppell Police
Department will take the following action:
For a first offense under this ordinance, any permit issued hereunder to the
offender shall be suspended for a period not to exceed thirty (30) days. The
chief of police, or his/her designee, shall determine the number of days of
the suspension.
2. For a second offense under this ordinance within a twelve (12) month
period, any permit issued hereunder to the offender shall be revoked, and
such offender shall not be eligible to apply for another permit for a period
of twelve (12) months from the date of revocation.
B. If a permit holder is arrested and charged with a felony, the permit shall be
suspended until final disposition of the criminal charges.
Upon conviction or acceptance of deferred adjudication by the court, the
permit shall be revoked.
2. If the permit holder is found innocent or the charges dismissed, the
suspension of the permit shall be lifted
C. Upon suspension or revocation, the permit holder shall tender the permit to the
Coppell Police Department until completion of the suspension or successful appeal
of the suspension or revocation.
Section 6-2-8 Appeal from Denial Suspension or Revocation.
Should an applicant be denied a permit or have a permit suspended or revoked,
he/she may appeal that action to the City Manager by submitting a letter within ten (10)
business days of the denial, suspension or revocation. the City Manager, or his/her
designee, shall review the appeal at a staff level and make a determination within ten (10)
business days of receiving the appeal request and shall have the authority to uphold or
reject the action complained of and order that the permit be granted or reinstated. however,
should the City Manager uphold the denial, suspension or revocation, he/she shall schedule
a hearing before the City Council at a regular or special meeting within thirty (30) days of
the denial, unless the applicant withdraws the appeal in writing. such hearing shall be an
administrative hearing, and adherence to formal rules of evidence shall not be required. the
decision of the City Council may be appealed, as allowed by law to any court with
competent jurisdiction.
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Section 6-2-9 Solicitor's Identification.
Each solicitor shall carry with him/her and produce upon the request of any citizen, city
employee, or city official, the following information and identification.
The permit issued by the City of Coppell pursuant to this Article;
2. A copy of the valid state sales tax certificate, if applicable; and
A valid driver's license or other valid, official photo identification.
Section 6-2-10 Handbill Distribution
A. Except as otherwise prohibited, no person, firm, corporation or other entity, the
distribution of any commercial handbill on a private property, except in compliance
with this section:
Handing the commercial handbill directly to the owner, occupant, or any
other person then present in or upon such premises;
2. Depositing the handbill or noncommercial handbill in a secure manner to
prevent such handbill from being blown or drifting about the premises, must
be affixed to the front door or door window glass, or deposited in a
receptacle designated for such purpose, except that mailboxes may not be
used when prohibited by federal postal laws or regulations.
B. Registration: Every individual or person as defined herein shall not distribute any
commercial handbill on private property except after registration with the Coppell
Police Department in compliance with this Section. The following information on
a form provided by the department shall be submitted which includes:
Submission must be provided to the City as provided herein at least twenty-
four (24) hours before any distribution.
2. Provide a list of individuals that will be distributing the handbills.
3. Provide the name, address, telephone number for the handbill distributor or
sponsor.
4. Indicate the type and number of any government issue identification for
each person actually distributing the handbills.
5. provide a sworn statement that each distributor handbills on private property
has not been convicted of a felony and/or is not a registered sex offender.
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6. Dates and general area where the distribution will be conducted within the
City.
C. An individual, directly or through an agent or employee, may not:
Throw, cast or scatter any handbills or leave any handbill unattended that is
not securely affixed to the place of deposit.
2. Distribute any commercial handbills outside without registering period.
3. Distribute commercial handbills for a purpose other than what was
represented in the registration was made under this Article.
4. Represent that the registration by the city constitutes an endorsement or
approval of the solicitation or distribution by the city or its officers or
employees.
5. Distribute any commercial handbill or noncommercial handbill in or up on
any premises which are temporarily or continuously uninhabited or vacant.
6. Distribute any handbill upon any premises if requested not to do so by the
owner, occupant, or any other person then present in or upon such premises,
or if there is placed on such premises in a conspicuous place upon or near
the main entrance of the residence or premises, a card as provided in section
6-2-12 of this Article (exhibiting card prohibiting solicitation and handbills
of any type).
7. Distribute any handbill in any place, under any circumstances, which does
not have printed on the cover, front or back thereof, the name, address and
telephone number of the handbill sponsor who caused the same to be
distributed; provided, however, that in the case of a fictitious person or club,
in addition to such fictitious name, the true name and addresses of the
owners, managers, or agents for the fictitious person or club sponsoring
such commercial handbill shall also appear thereon.
8. Employ, hire, request, direct or cause, directly or indirectly, another person
for whom a registration is not made to distribute handbills within the City.
9. Distribute commercial handbills under the direction of another and not have
a supervisor who can arrive at the location where the person is distributing
the handbills or soliciting within ten (10) minutes of being requested to
appear, by the police or otherwise.
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10. Direct someone else to distribute handbills and not provide a supervisor who
can arrive at the location where the person is distributing the handbills
within ten (10) minutes of being requested to appear, by the police or
otherwise.
D. No person convicted of a felony or sex offender, as defined by State law, may
engage in placing any handbill upon any private residential premise.
E. Upon registration, the Coppell Police Department shall issue an identification card
which must be displayed on the person distributing bills under this section.
Section 6-2-11 - Hours
It shall be unlawful for any person, firm, association or corporation to solicit funds or
distribute commercial or noncommercial handbills at a place of residence during the
following hours, unless invited to do so by the occupant or owner of the residence outside
the following hours:
Monday — Friday: Before 9:00 a.m.
(daylight saving time) After 7:00 p.m.
Monday — Friday: Before 9:00 a.m.
(standard time) After 6:00 p.m.
Saturday: Before 10:00 a.m.
After 5:00 p.m.
Sunday: None
Section 6-2-12 Exhibiting Card Prohibiting Solicitation and Handbills of Any Type.
A. A person, desiring to prohibit a merchant or other person engaged in a charitable or
non -charitable solicitation, or home solicitation or placement handbills or other
advertisement or canvassing at such person's residence shall exhibit in a
conspicuous place upon or near the main entrance to the residence a weatherproof
card, not less than three inches by four inches in size containing the words, "NO
SOLICITORS". The letters shall not be less than two-thirds of an inch in height.
No person shall engage in a charitable or non -charitable solicitation, a home
solicitation or affix, deposit, or otherwise leave handbills or canvass on or about
said residences displaying a "NO SOLICITORS" card.
B. Every person upon going onto any premises shall first examine the premises to
determine if any notice prohibiting soliciting or distribution of commercial handbill
or noncommercial handbill distribution is exhibited upon or near the main entrance
to the premises. If notice prohibiting solicitation or commercial
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handbill or noncommercial handbill distribution is exhibited, the person shall
immediately depart from the premises without disturbing, placing, or depositing
any type of handbill or disturbing the occupant, unless the visit is the result of a
request made by the occupant.
C. No person shall go upon any premises and ring the doorbell, or rap or knock upon
the door or create any sound in a manner calculated to attract the attention of the
occupant of the premises, for the purpose of securing an audience with the occupant
and engaging in or attempting to engage in a solicitation or distribution transaction,
if a card, as described in this Section, is exhibited in compliance with this Article,
unless the visit is the result of a request made by the occupant.
D. No person, other than the owner or occupant of the premises, shall remove, deface,
or render illegible, a card placed by the occupant pursuant to this Section.
E. Any merchant or person who has gained entrance to premises, or audience with the
occupant, whether invited or not, shall immediately depart from the premises
without disturbing the occupant further when requested to leave by the occupant.
Section 6-2-13 Sale of merchandise on public right-of-way; city parks; mobile
vendors.
A. It shall be unlawful for any person to peddle, solicit, sell, offer for sale, or exhibit
for sale any merchandise upon any public sidewalk, street, street right-of-way,
parkway, or other public right-of-way, except that it shall be lawful for any person
to engage in mobile vending operation involving food products upon any street,
public street, street right-of-way, provided such person has previously obtained a
solicitor's permit and a health permit from the city and under the conditions set forth
in this section.
B. No person shall engage in or attempt to engage in any mobile vending operation
involving food products, on any public street which is not residential in character
or on any street which includes four or more marked traffic lanes or within any city
park.
C. No person shall engage in or attempt to engage in any mobile vending operation
involving food products unless such person has in his or her immediate possession
a valid solicitor's permit and health permit issued by the city.
D. Any person engaged in or who attempts to engage in mobile vending operations
involving food products shall stop the motor vehicle only in immediate response to
a direct request from a potential customer and for a period not to exceed 15 minutes.
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E. Any person engaged in mobile vending operations involving food products shall
comply with all traffic laws and parking regulations. Sales and deliveries of
products shall not be made from any part of the vehicle away from the curbside.
F. No person may sell or offer for sale any food, drinks, confections, merchandise, or
services by mobile vending within the limits of any city park except as provided in
section 9-11-3N.
Section 6-2-14 — Handbills on Public Property
A. It shall be unlawful for any person to paste, stick, affix or place any advertisement,
handbill, placard, printed material, picture or written matter or any 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.
Section 6-2-15 Penalty.
Any owner, person, firm, corporation or business entity violating this Ordinance shall be
deemed guilty of a Class C misdemeanor, and upon conviction thereof shall be fined a sum
not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this
ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Coppell from filing suit to enjoin the violation. Coppell
retains all legal rights and remedies available to it pursuant to local, state and federal law."
SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 4. That this ordinance shall take effect immediately from and after its passage as
the law and charter in such cases provide.
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DULY PASSED by the City Council of the City of Coppell,
201$
0 0 - 043116111INVI
ROBERT E. HAGER, CITY
RNEY
Texas, this the Z24day of
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