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OR 143 Makes it unlawful to peddle, sell or solicit without a permit AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 143 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, MAKING IT UNLAWFUL TO PEDDLE, HAWK, SELL, SOLICIT OR TAKE ORDERS FOR, OFFER TO TAKE ORDERS FOR ANY SERVICES, WARES, MERCHANDISE OR GOODS, INCLUDING MAGAZINES AND PHOTOGRAPHS, ON THE STREETS AND SIDEWALKS, OR FROM DOOR TO DOOR WITHIN THE CITY WITHOUT HAVING FIRST OBTAINED A PERMIT FROM THE CITY; MAKING IT UNLAWFUL TO FAIL TO CARRY PERMIT ON PERSON WHILE SO ENGAGED; PROVIDING FOR PERMIT APPLICATION, INVESTI- GATION OF APPLICANT, ISSUANCE OF PERMIT, EVOCATION OF PERMIT APPEALS, PERMIT FEES AND PROVIDING CERTAIN EXEMPTIONS; REPEALING ALL ORDINANCES IN CONFLICT WITH TEIS ORDINANCE AND SPECIFICALLY REPEALING ORDINANCE NO. 80; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. PERMIT REQUIRED. It shall be unlawful for any person to peddle, hawk, sell, solicit or take orders for, offer to take orders for any services, wares, merchandise or goods, including magazines and photographs, on the streets and sidewalks, or from door to door within the city without having first obtained a permit therefor from the City. SECTION 2. PERMIT APPLICATION: CONTENTS. Each application for a permit, required by this Ordinance, shall be in writing under oath and shall set out the following: (1) Name of the applicant, with his permanent residence. (2) Name and address of the firm or person he represents. (3) The kind, type and character of goods or services he proposes to offer for sale. (4) Name and addresses of five persons as references. (5) How often the applicant will solicit during the year. (6) The names of any cities where applicant has worked within the previous thirty (30) days. (7) Whether or not applicant has ever been con- victed of a felony or a misdemeanor involving moral turpitude. SECTION 3. INVESTIGATION OF APPLICANT. It shall be the duty of the Chief of Police to in- vestigate each applicant and make a report thereon to the City Secretary before issuance of a permit. SECTION 4. ISSUANCE OF PERMIT. It shall be the duty of the City Secretary to issue or refuse to issue such permit not earlier than two (2) days and not later than two (2) weeks from the time the application ~ b. bO therefor is received by the City Secretary. A fee of~ per year shall be charged which shall not be prorated and shall not be returned if application is denied. SECTION 5. REVOCATION OF PERMIT. If, after the permit required by this Ordinance has been issued, the City Secretary or other official of the City finds that the permit was obtained by false representation in the application, it may be revoked by the City Secretary. SECTION 6. APPEALS. If the City Secretary refuses to issue the permit required by this Ordinance or such permit is revoked under the above provisions, the applicant shall have the right to appeal to the City Council at its next regular meeting. SECTION 7. PERMIT TO BE CARRIED ON PERSON WHILE SELLING, ETC. It shall be unlawful for any person to sell or solicit in the City without carrying the permit required by this Ordinance on his person while engaged in such soliciting or selling. SECTION 8. PERMIT FEE MAY BE WAIVED FOR BONA FIDE CHARITABLE ORGANIZATIONS. Bona fide charitable organizations or their repre- sentatives are hereby required to obtain permits, as required by this Ordinance, but the fee may be waived at the direction of the City Secretary. SECTION 9. EXHIBITING CARD PROHIBITING SOLICITORS. (a) A person, desiring that no merchant or other person engage in a home solicitation at his 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 be not less than two-thirds of an inch in height. (b) Every merchant upon going onto any premises upon which a residence is located shall first examine the resi- dence to determine if any notice prohibiting soliciting is exhibited upon or near the main entrance to the residence. If notice prohibiting soliciting is exhibited, the merchant shall immediately depart from the premises without disturbing the occupant, unless the visit is ~le result of a request made by the occupant. (c) NO person shall go upon any residential 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 residence, for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a home solicitation transaction, if a card as described in subsection (a) above is exhibited in a conspicuous place upon or near the main entrance to the residence, unless the visit is the result of a request made by the occupant. (d) No person, other than the occupant of the resi- dence, shall remove, deface, or render illegible, a card placed by the occupant pursuant to subsection (a) above. (e) Any merchant who has gained entrance to a resi- dence, 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 10. CONSTRUCTION OF ORDINANCE. This entire Ordinance is and shall be deemed an exercise of the police power of the State of Texas, and of the City of Coppell, for the public safety and general wel- fare of the city and citizens of the City. SECTION 11. EXEMPTIONS FROM ORDINANCE. (a) The provisions of this Ordinance shall not apply to the sale or soliciting of orders for the sale of vegetables, poultry, eggs and other farm products produced by the vendor, nor to the sale or soliciting of orders for the sale of milk, dairy products and bakery products insofar as the sale of the commodities named in this section is autho- rized by law, nor shall it apply to public utility companies operating under a franchise granted by the City, nor shall it apply to local residents of the City engaged in soliciting in support of the Scouts, Y.M.C.A, Little League or other such non- profit organization where all such solicitation is conducted by local residents of the City. (b) The provisions of this Ordinance shall not apply to commercial agents or drummers dealing with local business establishments in the usual course of business. (c) Provisions of this Ordinance shall not apply to insurance salesmen, real estate salesmen and others licensed by the State. SECTION 12. REPEALING CLAUSE. City of Coppell Ordinance No. 80 is hereby repealed and all other ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are here- by repealed. However, the repeal of existing ordinances by this ordinance shall not affect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. SECTION 13. SEVERABILITY CLAUSE. If any article, paragraph or subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitutional, 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 invalid or unconstitutional. SECTION 14o PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and, upon conviction, shall be fined not to exceed the sum of TWo Hundred Dollars ($200.00) for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 15. EMERGENCY CLAUSE. The fact that the present City regulations are in- adequate to properly protect the public health, safety and welfare, creates an urgency and an emergency and requires that this Ordinance shall take effect immediately from and after the publication of its caption as the law in such cases provides. Coppell, DULY PASSED by the City Council of the City of MAYOR ATTEST: SECRETARY APPROVED AS TO FORM: