ORDINANCE NO. WHEREAS, the City of Fort Worth, Texas, is a home rule City acting under its Charter

Similar documents
ORDINANCE NO. O

CITY OF SOUTHLAKE, TEXAS ORDINANCE NO

TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO P&Z

ORDINANCE NO. WHEREAS, such modification is in the interest of public safety;

ORDINANCE NO

ORDINANCE NO AN ORDINANCE OF THE CITY OF SAGINAW, TEXAS, AMENDING CHAPTER 6 OF THE SAGINAW CITY CODE; PROVIDING THAT THE

Honorable Mayor Bill Agan and members of the Richland Hills City Council. Zoning Ordinance Change as recommended by the Planning and Zoning Commission

ANIMAL NEGLECT REGISTRY Ordinance No O-090

ORDINANCE NO

ORDINANCE NO AN ORDINANCE OF THE CITY OF DUNCANVILLE, TEXAS, ADOPTING THE THE "UNIFORM BUILDING CODE STANDARDS", AS

ORDINANCE NO

ORDINANCE NO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT; SECTION 1.

ARTICLE IV. AUCTIONS, SPECIAL SALES AND SOLICITATIONS * Division 1. Door-to-Door Solicitation

City CQ)f WesiwCQ)Jrth Village 31]1 Bm ' ~o:n JHljl1 IRo 'Il '~ VVest-wodh Village, T :g: ]Pax ll7.7jlo.2501

Ordinance No. 10- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: 1.

City of Conway, Arkansas Ordinance No. O-15-31

ARTICLE I GENERAL PROVISIONS

Chapter 1 GENERAL PROVISIONS

ZONING ORDINANCE CLAY TOWNSHIP LANCASTER COUNTY, PENNSYLVANIA

ORDINANCE NO R

Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: 1.

Chapter 1 GENERAL PROVISIONS

the City Council has previously adopted ordinances regulating animal control; and

TITLE 1. General Provision for Use of Code of Ordinances. Enforcement of Ordinances; Issuance of Citations CHAPTER 1

Chapter 1 - GENERAL PROVISIONS

FLOWERY BRANCH CITY COUNCIL AGENDA REQUEST

SPALDING COUNTY, GEORGIA 2018-ORD-08 ORDINANCE

ORDINANCE NO

CHAPTER 1 GENERAL PROVISIONS

OF LYNN In City. City shall mean the City of Lynn, in the county of Essex, and the Commonwealth of Massachusetts.

City Council Meeting Date: 9/22/2015

TOWNSHIPOF MARPLE ORDINANCE No

WHEREAS, the City Council has created such boards and committees; and

CITY ORDINANCE NO. 585

CITY OF LOWRY CROSSING, TEXAS ORDINANCE NO. 262

RESTRICTIONS ON USE OF WIRELESS COMMUNICATION DEVICES WHILE OPERATING A MOTOR VEHICLE

CITY OF YPSILANTI NOTICE OF PROPOSED ORDINANCE Ordinance No. 1281

ORDINANCE NO

Chapter 1 GENERAL PROVISIONS

* * * * * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO:

SOLICITOR S PERMIT INFORMATION

Article VIII of the Constitution of the State of Florida and

ORDINANCE NO (RR)

City of Palm Coast, Florida Agenda Item

ORDINANCE NO AN ORDINANCE OF THE CITY OF HILLSBORO, TEXAS, AMENDING ARTICLE , BOARDS, COMMISSIONERS, AND

TITLE I: GENERAL PROVISIONS. Chapter 10. GENERAL PROVISIONS

ORDINANCE Borough of Metuchen County of Middlesex State of New Jersey

Ordinance No. WHEREAS, certain wildlife such as birds and coyotes pose a significant danger to incoming and outgoing flights; and

TITLE 1. General Provisions for Use of Code of Ordinances. Enforcement of Ordinances; Issuance of Citations CHAPTER 1

CITY OF SAGINAW ORDINANCE NO

ORDINANCE # 3602 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SACHSE, PROVIDING FOR FEES UNDER THE MASTER FEE SCHEDULE;

ORDINANCE NO. / /)11- C5 /

CHAPTER 1 GENERAL PROVISIONS

VILLAGE OF BOLINGBROOK MUNICIPAL CODE

ORDINANCE NO

TOWN OF WEST NEW YORK COUNTY OF HUDSON, STATE OF NEW JERSEY ORDINANCE #35/17

SOUTH WHITEHALL TOWNSHIP LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO Duly Adopted December 19, 2018)

Upon motion by, seconded by, the following Ordinance was duly enacted, voting in favor of enactment, voting ORDINANCE

CITY OF MELISSA, TEXAS

f4) CONVENIENCE GOODS means basic food, household, tobacco ORDINANCE NO.

The Board of Supervisors of the County of Riverside, State of California, do ordain as follows:

limits by Ordinance No on October 7, 1997, and as amended by Ordinance No , Ordinance No , Ordinance No.

1 General Provisions for Use of Code of Ordinances

1 STATE OF GEORGIA 2 CITY OF COLLEGE PARK 3 ORDINANCE NO AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF COLLEGE PARK,

PEDDLER LICENSING AND CONTROL ORDINANCE TOWNSHIP OF GRAND HAVEN, MICHIGAN ord. no. 461 eff. Dec. 22, 2008

ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF McKINNEY,

GREEN OAK CHARTER TOWNSHIP ORDINANCE NUMBER

ARTICLE 1. GENERAL PROVISIONS

WHEREAS, Part 10, Chapter 2, Section requires that a Special Use Permit be obtained to operate a school, private or special; and

ORDINANCE. WHEREAS, Resolution called for studies on how to reduce Seattleites use of hard-torecycle

ORDINANCE NO. C-14-38

ORDINANCE NO Town of Rising Sun. Cecil County, Maryland

ORDINANCE NO NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO:

Ordinance No. PD12-10

ORDINANCE NO. WHEREAS, a public hearing before the Planning and Zoning Commission was held on January 14, 2013, to receive public input; and

ORDINANCE 11-O-14 { }{

Amended Bill No. 26, Ordinance No. 26, Session 2012 ARTICLE 1701 BOCA National Building Code

--- ORDINANCE NO

ORDINANCE NO * * * * * WHEREAS, the City Council of the City of Mont Belvieu, Texas, ( City ) is

ALPINE TOWNSHIP KENT COUNTY, MICHIGAN ORDINANCE NO AN ORDINANCE TO LICENSE AND REGULATE SOLICITORS, PEDDLERS and TRANSIENT MERCHANTS

i ORDINANCE NO. An ordinance amending Section 6-4 of CHAPTER 6, ALCOHOLIC BEVERAGES, of the

ORDINANCE NO

ORDINANCE NO (b) Authority of Permitting Officer. The permitting officer is hereby authorized to accept or deny applications.

Article 1.0 General Provisions

ORDINANCE No THE COUNCIL OF THE CITY OF SOUTH FULTON HEREBY ORDAINS as follows:

CHARTER TOWNSHIP OF YORK WASHTENAW COUNTY, MICHIGAN ORDINANCE NO. 145 EFFECTIVE DATE: April 25, 2014

ORDINANCE NO. THE PEOPLE OF THE CITY OF LOS ANGELES SO ORDAIN AS FOLLOWS:

114.03: PROHIBITION ON SOLICITATION FOR COMMERCIAL PURPOSE

CHAPTER 1. CODE OF ORDINANCES GENERAL PROVISIONS

ORDINANCE NO The Board of Supervisors hereby ordains: Section 1. Adoption.

ORDINANCE NO. WHEREAS, Section 9.9 of the Charter of the City of North Lauderdale requires the

Amended Bill No. 26, Ordinance No. 26, Session 2015 ARTICLE 1701 BOCA National Building Code

VILLAGE OF CORNWALL-ON-HUDSON. INTRODUCTORY LOCAL LAW No.2 of 2018

STATE OF MICHIGAN COUNTY OF WAYNE CITY OF ALLEN PARK ORDINANCE #

CHAPTER 1 - MISCELLANEOUS PROVISIONS

PAHRUMP TOWN ORDINANCE NO. 35

ORDINANCE NO. WHEREAS, Article XI of the Charter requires the City Commission to place the charter review committee s proposals on the ballot; and

PART II - CODE OF ORDINANCES Chapter 13 - LICENSES, PERMITS AND BUSINESS REGULATIONS ARTICLE II. - AMUSEMENTS DIVISION 4.

Chapter 1 GENERAL PROVISIONS

CHAPTER 23 - GENERAL ORDINANCES RULES OF CONSTRUCTION

Transcription:

ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20, LICENSES AND 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 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; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas, is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council previously adopted ordinances to prevent and deter deceptive practices and fraud by requiring door-to-door solicitors to register and to regulate those activities; and WHEREAS, the City Council has determined that solicitations at residences and other private property at certain times and under certain circumstances greatly intrudes on the privacy and personal property rights of the citizens of Fort Worth; and WHEREAS, the City Council finds that regulations addressing all these concerns are in the best interest of the health, safety and welfare of the citizens of Fort Worth; and WHEREAS, the City Council has considered the rights of those persons who engage in solicitation and door-to-door activities within the City and has determined that the regulations set

forth in this ordinance strike an appropriate balance of protecting the freedoms afforded by the 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 time regulation; and 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; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Section 20-141, Definition, of 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 replacing the current title and language in 20-141 in its entirety to read as follows: 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: (1) prohibiting door-to-door solicitation activity at residences during the times when 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. 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 2

renaming the current Sections 20-141 through 20-144 to Sections 20-142 through 20-145 as follows: Sec. 20-141. Purpose Sec. 20-142. Definition Sec. 20-143. Registration certificate 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, 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 9 p.m. unless at the occupant s request. SECTION 4. Section 23-14 Posting of Handbills, Signs, Posters or Advertisements in Certain Places 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 (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: 3

(1) Any type of handbill, sign, poster, or advertisement on or upon 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: 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 9 p.m. 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). 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. 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 judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 4

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 fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 8. 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 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 ordinance but may be prosecuted until final disposition by the courts. SECTION 9. 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. That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law. APPROVED AS TO FORM AND LEGALITY By: Assistant City Attorney ADOPTED: EFFECTIVE: 5