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
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Ordinance No. 1479-23, Page 17 of 17