Loading...
HomeMy Public PortalAboutOrdinance No. 1479-23 08-28-2023 ORDINANCE NO. 1479-23 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, ARTICLE IV, "SOLICITORS, CANVASSERS AND HANDBILL DISTRIBUTION," OF CHAPTER 18, "BUSINESSES,"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas ("City") 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 of the City of Richland Hills ("City Council") has determined that, in order to prevent and deter deceptive practices and fraud, it is necessary to require that door-to-door solicitors register with the City to regulate those activities; and WHEREAS, the City Council has determined that solicitations, canvassing and handbill distribution 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 Richland Hills and can result in litter; and WHEREAS, the City Council finds that regulations addressing these concerns are in the best interest of the health, safety and welfare of the citizens of Richland Hills; and WHEREAS, it is the intent of the City Council to not infringe on any rights protected by the First and Fourteenth Amendments of the United States Constitution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, THAT: SECTION 1. Article IV, "Solicitors, Canvassers and Handbill Distribution," of Chapter 18, "Businesses," of the Code of Ordinances of the City of Richland Hills, Texas, is hereby amended to read as follows: "Article IV Solicitors, Canvassers and Handbill Distribution Division 1 Generally § 18-171 Purpose. The purpose of this Article is to provide for the general health, public safety and welfare, comfort, convenience and protection of the City and the residents of the City Ordinance No. 1479-23, Page 1 of 17 by: (1) prohibiting door-to-door solicitation and canvassing 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 activity, canvassing activity or handbill distribution may occur to promote good order, prevent litter 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. The provisions of this Article shall be construed to accomplish these purposes. § 18-172 Definitions. In this article: Administrator means the Chief of Police or some other employee of the City of Richland Hills designated by the Chief of Police. Canvasser means a person who engages in canvassing activities. Canvassing or Canvassing Activity means the act of: (1) traveling either by foot or vehicle, going door-to-door, house-to-house, building-to-building; or (2) occupying space in or traveling on or through any public place in the City; personally contacting persons to communicate in any manner, whether orally, by written or printed materials including, but not limited to, handbills, leaflets, hand signing or by any other method, direct or implied, for any purpose other than selling or taking orders for goods, wares, merchandise or services or collecting money. Chief of Police means the chief of police of the City. City means the City of Richland Hills, Texas. City Manager means the city manager of the City. City Secretary means the city secretary of the City. Commercial home solicitation or soliciting means the solicitation at a residence through the attempt or act of asking, bartering, or communicating in any manner for the purpose Ordinance No. 1479-23, Page 2 of 17 of selling or offering to sell goods, services, or realty, which includes promoting, advertising, receiving or obtaining money, gifts or items of value. Dark means the time of day identified by the United States Naval Observatory as being after the end of civil twilight on a particular day in the City. Do not solicit list means a list, developed and maintained by the police chief, or his or her designee, of residences where the property owner or occupant has indicated that they do not wish to be solicited. Handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any manner. Handbill Distribution means traveling either by foot or vehicle, going door-to-door, house- to-house or building-to-building without personally contacting persons to distribute or leave on or at each premises handbills for any purpose. Itinerant merchant or itinerant vendor means any person other than a publication solicitor, engaged as a solicitor. Mail means a letter, package(s), or other items commonly transported and delivered by the United States Post Office, or by delivery service which requires a delivery statement specifically addressed to the address at which it is delivered and an addressee located at that location, or by a delivery service which delivers materials subscribed to by a person living at the address to which the subscribed materials are delivered. Minor means a person who has not been emancipated and who is under the age of seventeen. Motor vehicle means a vehicle that is subject to registration under V.T.C.A., Transportation Code Chapter. 502, or its successor chapters. Newspaper means any published materials that are printed and distributed, both daily and non-daily, to disseminate current news and information of general interest to the public. Noncommercial solicitor means any person, other than a publication solicitor, engaged in requesting contribution of funds, property, or anything of value, or the pledge of any type of future donation, or selling or offering for sale any type of property, including but not limited to goods, tickets, books, and pamphlets, or political, charitable, religious, or other non-commercial purposes. Non-Profit Organization means an organization or entity that is exempt from the payment of tax pursuant to section 501(c)(3) of the Internal Revenue Code. Ordinance No. 1479-23, Page 3 of 17 Place of business means an established outlet, office, or location operated by a retailer, the retailer's agent, or the retailer's employee for the purpose of receiving orders for taxable items. The term includes any location at which three (3) or more orders are received by a retailer in a calendar year. A location such as a warehouse, storage yard, or manufacturing plant is not a "place of business" unless at least three orders for taxable items are received by the retailer during a calendar year. Publication solicitor means any itinerant merchant or itinerant vendor who sells or takes orders for sales of newspapers, magazines, or other publications, including audio and visual recordings. Selling means to sell, dispense, peddle, display, offer to sell or solicit for sale by offering or exposing for sale any goods, wares, merchandise or services. Solicitation Activities means traveling either by foot or vehicle, going door-to-door, house- to-house or building-to-building personally contacting persons to ask, barter or communicate in any manner, whether orally, by written or printed materials including but not limited to handbills or leaflets, hand signing, or by any other method, direct or implied, for the purpose of selling or taking orders for goods, wares, merchandise or services or collecting money for any purpose. Solicitor means any person who engages in solicitation activities. Traffic Safety Vest means a high visibility vest made of fluorescent material that may be clearly seen at any time of the day and is issued through the police department for the purposes of this chapter. § 18-173 Exemptions. (a) This article does not apply to: (1) the activity of a person with an appointment calling upon or dealing with manufacturers, wholesalers, distributors, brokers or retailers at their place of business and in the usual course of business; (2) the activity of a person acting at the request or invitation of the owner or occupant of a residence; (3) sales made under the authority of and by judicial order; (4) the activity of a government employee acting within the course and scope of their official duties serving, delivering or posting official notices including notices of code violations, water restrictions, utility outages, burn bans, special event impacts or security issues; or (5) the activity of a person under the authority of a permit issued under Article Ordinance No. 1479-23, Page 4 of 17 III, "Food Service Establishments," of Chapter 18 of this Code. (b) Possessing a solicitor permit shall be an affirmative defense to prosecution for any offense under this article that the activity of the defendant is listed in subsection (a). § 18-174 General regulations. (a) A person commits an offense if the person engages in solicitation or canvassing activity at the following times: (1) No person may conduct commercial home solicitations or handbill distributions before the hour of 9:00 a.m.; or (2) After 8:00 p.m.; or (3) Sunday; or (4) Any of the following holidays: New Year's Day; Martin Luther King's Birthday; Washington's Birthday; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; the day after Thanksgiving, Christmas Eve, and Christmas Day. (b) A person commits an offense if the person engages in solicitation activities, canvassing activities, or handbill distribution at a premises with a posted notice that such activity is not welcomed or invited. It shall be presumed that there is notice that solicitation or canvassing activity is not welcomed or invited when there is exhibited in a conspicuous place on or near the main entrance of the premises, a sign, not less than four(4) inches by three (3) inches in size, containing the words "NO SOLICITORS," "NO TRESPASSING," or words of similar meaning in letters not less than two-thirds (2/3) of one inch in height. (c) A person who is not the owner or tenant of a premises commits an offense if the person removes, defaces or otherwise renders illegible a sign placed by the owner or tenant of the premises pursuant to subsection (b). (d) A person commits an offense if the person engages in solicitation activities, canvassing activities, or handbill distribution and remains or lingers on a premises after being informed by the owner or tenant that they are not welcome. (e) A person commits an offense if the person engages in solicitation activities, canvassing activities, or handbill distribution in an aggressive or intimidating manner. The term "aggressive or intimidating manner" means: (1) blocking the path of a person who is the object of the activity; or Ordinance No. 1479-23, Page 5 of 17 (2) following behind, ahead or alongside a person who walks away from the solicitor after being solicited, approached, accosted or offered a handbill, leaflet or any other item. (f) A person commits an offense if the person engages in solicitation activities, canvassing activities, or handbill distribution and distributes, deposits, places, throws, scatters, or casts a handbill at a residence except by: (1) handing or transmitting the handbill directly to the owner or occupant than present in or upon the premises; or (2) without using adhesive or tape, placing or depositing the handbill in a manner that secures the handbill and prevents it from being blown away, except that mailboxes may not be used when the use is prohibited by federal postal laws or regulations. (g) A person commits an offense if the person secures a handbill at a residence in the manner described by subsection (f)(2): (1) in a place that is more than five (5) feet from the front door of the residence; or (2) when another handbill has already been left or secured at the residence and has not been removed from the outside of the residence. (h) A person commits an offense if the person engages in solicitation activities, canvassing activities or handbill distribution without wearing a traffic safety vest. (i) A person commits an offense if the person is registered or is required to be registered with the State of Texas or any other state as a sex offender and engages in solicitation activities, canvassing activities or handbill distribution. (j) Commercial home solicitation on private property. (1) It shall be unlawful for any person to conduct commercial home solicitation or commercial home distribution upon residential property within the city without first obtaining a written solicitor permit as required by this Article. (2) It shall be unlawful to approach any part of a residence other than the front door. (k) Exhibiting card prohibiting solicitors. (1) Every solicitor upon going onto any premises upon which a residence is located shall first examine the residence to determine if any notice prohibiting soliciting is exhibited upon or near the main entrance to the Ordinance No. 1479-23, Page 6 of 17 residence. If any notice prohibiting soliciting is exhibited, the solicitor shall immediately depart from the premises without disturbing the occupant unless the visit is the result of a request made by the occupant. (2) 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 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 the business of solicitation if a card as described in subsection (a) of this section 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. (3) No person, other than the occupant of the residence, shall remove, deface or render illegible a card placed by the occupant pursuant to subsection (a) of this section. (I) Request to leave. (1) Any solicitor who has gained entrance to a residence 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. (2) Subsection (1) immediately above shall apply in all cases, regardless of whether a sign is posted and regardless of whether the solicitation was initially invited. (m) Do not solicit list. (1) The police chief, or designee, shall develop and maintain a list of residences where solicitation is prohibited and such list shall be referred to as the do not solicit list. (2) Any property owner or occupant may elect to add or remove his or her residence to or from the do not solicit list through the procedures developed by the police chief. The property owner or occupant making such a request will be required to affirm that he or she is an owner or occupant of the residence, and is making the request on their behalf and on behalf of any other occupant at that address. (3) The police chief shall make the do not solicit list available on the city's website and to any person upon request. (4) The police chief shall provide a copy of the do not solicit list to each person issued a solicitor permit under this article. Ordinance No. 1479-23, Page 7 of 17 (5) Solicitation of any residence on the do not solicit list shall be grounds for the immediate revocation of the solicitor's permit. (n) Cleanliness of products and vehicles; honest weights and measures required. (� Every person who shall comply with this Article and shall sell, or offer for sale, any of the articles as herein specified, shall at all times keep the same in a clean and sanitary condition, and shall also keep their wagons, vehicles, or other conveyances in a clean and sanitary condition, and they shall not give, or make, any false weights or measures of any of the various articles as specified and covered by this chapter. (p) Consent to enter residences. (1) It shall be unlawful for any solicitor except as herein provided, to go inside of a private residence in the city unless requested or invited so to do by the owner or occupant of said residence for the purpose of selling or dispensing of or peddling the same. (q) Handbill restrictions. (1) No person shall throw or deposit or cause any handbill to be placed in or upon more than three vehicles at the same location. (2) No person shall throw or deposit any handbill in or upon any private premises which are known to the person to be temporarily or continuously uninhabited or vacant. (3) No person shall distribute, deposit, place, or throw any handbill in or upon any private premises which are inhabited if the premises has a sign posted providing that there is no solicitation on the premises or similar sign as set out in section 18-174(b) or if the location is on the list set out in section 18- 174(m). Provided however, in the case of inhabited private premises which are not posted as provided in this article, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere. In no event shall such handbill be deposited in a mailbox when so prohibited by federal postal laws or regulations. (r) Traffic safety vest requirement; display of solicitor permit. (1) Each solicitor or handbill distributor shall purchase and wear a traffic safety Ordinance No. 1479-23, Page 8 of 17 vest provided by the city and displaying in the color designated for the current year. (2) Each solicitor permit shall be worn as part of the traffic safety vest required to be worn by the individual who was issued the solicitor permit. § 18-175 Solicitation from a vehicle. (a) A person commits an offense if the person conducts solicitation activities from a vehicle and: (1) the solicitation is conducted at a location within the right of way of any street or highway in the city which is designated as a highway or freeway, major or minor arterial on the city's thoroughfare plan; or (2) the person stops the vehicle within a roadway to conduct business before the vehicle has been approached, called, or waived down by a prospective customer. (b) A person commits an offense if the person operates a vehicle from which solicitation activities are conducted upon any street or highway within the City in a manner that blocks or impedes access to or from any alley, street or driveway, or impedes the flow of traffic on any public street or highway. § 18-176 Penalty. (a) Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than Five Hundred Dollars ($500.00) for each offense under this article. Each attempted or completed act of handbill distribution or solicitation or canvassing activity shall constitute a separate and distinct offense. (b) In case of any willful violation of any of the terms and provisions of this article, the City, in addition to imposing the penalties provided in subsection (a), may institute any appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct or abate such violations; and the definition of any violation as a misdemeanor shall not preclude the City from invoking the civil remedies given it by the laws of the State. (c) The court trying a civil or criminal cause under subsections (a) or (b) shall have the right and power upon judgment or conviction of any person for violation of any of the provisions of this article to decree and to make as a part of the judgment or conviction in such cause the forfeiture of the solicitor permit required by this article. When a solicitor permit is forfeited in this manner, no further certificate shall be issued to that person for one (1) year from the date of judgment or conviction. Ordinance No. 1479-23, Page 9 of 17 § 18-177 through § 18-190. (Reserved) Division 2 Permitting § 18-191 Permit required for solicitation; fees. (a) A person commits an offense if the person engages in solicitation activities in the City without a valid solicitor permit issued by the administrator. (b) A solicitor permit shall be valid for one (1) year following the date of its issuance unless a shorter period is requested by the applicant. (c) An applicant for a solicitor permit shall pay a non-refundable application fee at the time the application is submitted. (d) The amount of the non-refundable application fee shall be set forth in Appendix A of the Code. If a person, firm, corporation or organization engages in solicitation activity through two or more agents, employees or volunteers the non-refundable application fee for each additional agent, employee or volunteer shall be set forth in Appendix A of the code. The non-refundable application fee shall be used for the purpose of defraying administrative expenses incident to the issuing of a solicitor permit. (e) A non-profit organization or a person conducting solicitation activity on behalf of a non-profit organization is exempt from payment of the application fee requirement set forth in this section. § 18-192 Application. A person desiring to conduct handbill distribution or solicitation activities within the city shall complete a solicitor permit application prior to any distribution or solicitation. The application shall contain or be submitted with the following information: (a) the full name, date of birth, phone number and address of the applicant; (b) a valid State driver's license number or a State-approved identification card number (the administrator will make a photocopy and attach to the application) of the applicant; (c) except as provided by section 18-193(c), two photographs of the applicant, measuring 1.5" x 1.5" and showing the head and shoulders of the applicant in a clear and distinguishing manner, which shall have been taken within the preceding 60 days before filing the application; (d) if a vehicle or vehicles are used to conduct the solicitation activity, a description of each vehicle, its license plate number and vehicle identification number, the name Ordinance No. 1479-23, Page 10 of 17 and license number of the driver who will operate each vehicle, and adequate proof under state law that each driver maintains financial responsibility for the vehicle they will operate shall be attached to the application; (e) if the applicant is acting as an employee, agent or volunteer, the name and physical street address (not a post office box) and telephone number of the employer, principal or organization with credentials in written form establishing the relationship and authority of the employee, agent or volunteer to act for the employer, principal or organization; (f) if applicable, the merchandise to be sold or offered for sale, the nature of the services to be furnished; (g) the approximate time period within which the solicitation is to be made, stating the date of the beginning of the solicitation activity, its projected conclusion and the proposed dates and times of solicitation; (h) whether the applicant, upon any order obtained, will demand, accept or receive payment or the deposit of money in advance of final delivery, and if so, a copy of the bond required by section 18-194; (i) if the applicant, or the applicant's employer or principal has pled guilty, or nolo contendere to, or has been convicted of a felony or misdemeanor involving fraud, deceit, theft, embezzlement, burglary, larceny, fraudulent conversion, misrepresentation, or misappropriation of property within ten (10) years preceding the date of application, a description of each such conviction or plea, the name of the court and jurisdiction in which the complaint or indictment was filed and the date of the offense; (j) if the applicant, or the applicant's employer or principal is a person against whom a civil judgment or administrative decision based upon fraud, deceit, theft, embezzlement, burglary, larceny, fraudulent conversion, misrepresentation, or misappropriation of property has been entered or ordered within ten (10) years preceding the date of application, a description of judgment or action, the case or cause number, if any, and the court or administrative agency that rendered the judgment or decision; (k) if the solicitation activity is to be conducted on behalf of a non-profit organization, proof of such status shall be attached to the application. (I) The names of all cities in which the applicant has conducted solicitation or handbill distribution in the past six (6) months; (m)It shall be the responsibility of a licensed handbill distributor to update the information provided on application for a handbill distribution solicitor permit as such information may change. Ordinance No. 1479-23, Page 11 of 17 § 18-193 Solicitation by minors; applications. (a) A minor who conducts solicitation activities shall be sponsored or employed by a person over the age of eighteen (18), a corporation, firm or organization. The person, corporation, firm or organization that is sponsoring or employing the minor(s) is responsible for controlling the conduct of the minors and the minors shall be under the constant supervisor of a person eighteen (18) years of age or older. (b) A person, corporation, firm or organization that sponsors or employs one or more minors as solicitors may submit one (1) application and pay one non-refundable application fee, in the amount set forth in Appendix A, for the permitting of the minors, regardless of the number of minors who conduct solicitation activities. The sponsor or employer shall provide the administrator the name(s), date(s) of birth, address(es), driver's license number(s) (if applicable), and a notarized consent form for each minor who will be conducting solicitation activities. The consent form, which shall be provided by the administrator, shall acknowledge the release of the information set forth above and shall be signed by the parent or legal guardian of the minor. (c) A minor who does not submit an application is exempt from section 18-196 and shall be required to carry while conducting solicitation activities only a copy of the approved solicitor's permit application. § 18-194 Bond (a) Solicitors who require cash deposits or advance payments for future delivery of goods or for services to be performed in the future or who require an agreement to finance the sale of goods for future delivery or for services to be performed in the future, shall furnish to the City a bond with the application in the amount determined in subsection (c), signed by the applicant and a surety company authorized to do business in Texas: (1) conditioned upon the final delivery of goods or services in accordance with the terms of any order obtained; (2) to indemnify purchasers for defects in material or workmanship that may exist in the goods sold and that are discovered within 30 days after delivery; and (3) for the use and benefit of persons, firms, or corporations that may make a purchase or give an order to the principal of the bond or to the agent or employee of the principal of the bond. (b) If a person, firm, or corporation is engaging in solicitation activities through one or Ordinance No. 1479-23, Page 12 of 17 more agents, employees, or volunteers, only one bond is required for the activities of all the agents, employees or volunteers. (c) The amount of the bond is determined by the number of solicitors as follows: (1) 1 to 3 solicitors $500.00; (2) 4 to 6 solicitors $750.00; (3) 7 or more solicitors $1,000.00. § 18-195 Application review and permitting acceptance. (a) Upon receipt of an application, the administrator shall review the application to ensure compliance with this article. (b) The administrator shall authorize the permit within thirty (30) days of receipt of the application unless: (1) an investigation reveals that the applicant or the applicant's employer, principal or organization falsified information on the application; (2) within ten years preceding the date of application, the applicant or the applicant's employer, principal or organization has pled guilty or nolo contendere to, or has been convicted of, a felony or misdemeanor described in section 18.192(i); (3) within ten years preceding the date of application, a civil judgment or administrative decision described in section 18.192(j) has been entered or ordered against the applicant or the applicant's employer, principal or organization; (4) the applicant provided no proof of authority to act on behalf of the employer, principal or organization; (5) the application does not contain the information or documents required by section 18-192. (c) The denial and the reasons for the denial shall be noted on the application, and the applicant shall be notified of the denial by notice mailed to the applicant and the applicant's employer, principal or organization at the address shown on the application or the last known address. The notice of denial shall be mailed within thirty (30) days of the receipt of the application. § 18-196 Solicitor Permitting Process. (a) Upon authorization of the solicitor permit, the administrator shall deliver a permit for each solicitor. Ordinance No. 1479-23, Page 13 of 17 (b) The solicitor permit shall be in the form of a photo identification tag and shall contain the following information: (1) the name and address of the solicitor; (2) the solicitor's employer, principal or organization, if applicable; (3) the kind of goods or services to be sold or offered for sale, if applicable; (4) a description and license plate number of any vehicle to be used in carrying out the solicitation activities, if applicable; (5) a solicitor permit number; and (6) the dates of issuance and expiration of the certificate. (c) The solicitor permit shall be worn constantly on their traffic safety vest by the permitholder while conducting solicitation activities in the City. A person commits an offense if the person engages in solicitation activities and fails or refuses to show or display the solicitor permit upon the request of any person. (d) A solicitor permit shall be used only by the solicitor for whom it was issued and may not be transferred to another person. A person commits an offense if the person wears or displays a photo identification tag issued to another person. (e) A person who uses a vehicle in conducting solicitation activities shall post a sign located in a conspicuous place on or in the window of the vehicle, identifying the name of the person, company or organization that the person represents. If the name is an individual person, it must be followed by the word "solicitor." The lettering on the sign must be at least two and one-half (2 '/z) inches high. A person commits an offense if the person violates this subsection. § 18-197 Revocation or suspension of permit. A solicitor permit issued pursuant to this article may be revoked or suspended by the administrator, after notice and hearing, for any of the following reasons: (a) fraud, misrepresentation, or false statement contained in the application for permitting. (b) fraud, misrepresentation, or false statement made by a solicitor in the course of conducting solicitation activities; (c) a plea or conviction of a crime described in section 18-192(i); Ordinance No. 1479-23, Page 14 of 17 (d) a judgment involving a matter described in section 18-192(j); (e) a violation of any of the regulations set forth in this article; (f) Any solicitor permit issued hereunder may be denied or revoked if the solicitor permit holder is convicted of a violation of any provisions of this article or has knowingly made a false material statement in the application or otherwise becomes disqualified for the issuance of a solicitor permit under the terms of this chapter. (g) Notice. If it is found that a solicitor permit should be denied or revoked, there shall be a denial letter written or electronic report of the reason for the denial or revocation which shall be immediately made available to the applicant within ten business days from the date of the denial. § 18-198 Appeals. (a) Solicitor Permit. A person who is denied a permit or whose permit is revoked or suspended by the administrator may appeal the decision to the City Manager by filing notice of appeal with the City Manager within ten (10) calendar days after the notice of the decision is mailed to the address indicated on the application or the last known address. (b) If notice is received within the ten-day period, the police chief shall schedule a hearing with the applicant within ten business days after the police chief receives the applicant's appeal. (c) The applicant will be notified of the time, date, and place of such hearing. The hearing shall not be later than 40 days from the date of receipt of the notice of appeal. (d) Notice of the time and place of the hearing shall be delivered to the person by mail, sent to the address indicated on the application or the last known address of the applicant. (e) After the hearing, the decision will be made in writing affirming or reversing the revocation or denial by the police chief. The decision of the police chief on the appeal is final. No other administrative procedures are provided by the city. (f) In the event a revocation is upheld, the solicitor permit applicant will return the permit to the city. (g) In the event of filing of an appeal from a denial or revocation issued under the provisions of this article, then, until such appeal has been determined such revocation order shall be stayed. Ordinance No. 1479-23, Page 15 of 17 (h) A municipal court judge, in addition to imposing a fine, may institute proceedings to suspend or revoke the solicitor permit of a person if the person is required by law to obtain a solicitor permit from the city and the judge finds the person guilty of violation a city ordinance relation to peddlers, itinerant vendors or solicitors. § 18-199 through §18-210. (Reserved)" SECTION 2. PROVISIONS CUMULATIVE This Ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of Richland Hills, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS All rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances regulating solicitors, canvassers or handbill distribution that 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 4. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if a phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect 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 the unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. PENALTY CLAUSE 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. Ordinance No. 1479-23, Page 16 of 17 SECTION 6. PUBLICATION CLAUSE The City Secretary of the City of Richland Hills is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper if so required by law. SECTION 7. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and it is so ordained. APPROVED AND ADOPTED at a regular meeting of the Richland Hills City Council on August 28, 2023, by a vote of -7 ayes, nays, and C abstentions. APPROVED: 1.. THE`HONORABLE MAYOR EDWARD LOPEZ ATTEST: /I 1(19\ ,....„.„,„„,.., ,• \ 4\\FAINg t!''‘r \ lra)Ti.r--- 'LINDSAY INSON, CITY SECRETARY \\\���II111111111111ii,„� 0,,,§? ,,e,,,, ,,,_ , ,... ...,.„, , „,.... ..... , _,4,. s :sz .z w0 ry`'fi . i �,�ill• ..... • 111 1111111 Ordinance No. 1479-23, Page 17 of 17