§ 7-29. Prohibited location, activities and conduct.

(a)

It shall be unlawful for any person to peddle, solicit, hawk, sell or take orders for or offer to take orders for any item or service in the following places in the city:

(1)

On any public street or alley or traffic island; or

(2)

Any residence which shall exhibit in a conspicuous place upon or near the main entrance to the residence containing the words "NO SOLICITORS." The letters shall be not less than two-thirds ( 2/3 ) of an inch in height and should be displayed on a weather proof card not less than three (3) inches by four (4) inches in size.

(b)

It shall be unlawful for any person to block or obstruct or hinder the free flow of traffic in the lawful use of the street or free passage of pedestrians in the lawful use of the sidewalk. No solicitations, sales, or distribution of merchandise, products, or service shall be offered or made to occupants of motor vehicles moving or stopped in traffic on a public street or alley.

(c)

It shall be unlawful for a person engaged in solicitation to:

(1)

Misrepresent the purpose of the solicitation;

(2)

Misrepresent the affiliation of those engaged in the solicitation;

(3)

Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or buy anything from that solicitor;

(4)

Represent the issuance of any permit or registration under this chapter as an endorsement or recommendation of the solicitation;

(5)

Remove, deface, or render illegible a card placed by the occupant of a residence pursuant to (a)(2) above.

(6)

Go on property upon which the owner of the property or the person controlling the property has posted signs prohibiting solicitation; or

(7)

Remain on property after the property owner, or the property owner's designee, representative or agent, has instructed the solicitor to leave.

(d)

No solicitor, or person working on his or her behalf, shall shout, make an outcry, blow a horn or whistle, or use any sound device, including any sound amplifying system, upon any of the streets, avenues, alleys, parks or other public places of the city, or otherwise be in violation of the city's noise ordinance.

(e)

No person shall engage in solicitation through the delivery of handbills or circulars by placing said handbills or circulars on motor vehicles, public utility posts, or other location such that the same constitutes littering under Chapter 365 of the Texas Health and Safety Code.

(f)

It shall be unlawful for any person to use children thirteen (13) years of age or younger for solicitation activities, unless otherwise expressly permitted herein, unless such children are actively supervised by a parent, guardian or other adult person at least eighteen (18) years of age who is registered as provided herein. For purposes of this section, actively supervised means that the adult person shall be within one hundred (100) feet of all children thirteen (13) years of age or younger for whom the adult person is responsible at all times when the children are engaged in solicitation activities.

(g)

It shall be an affirmative defense to prosecution under this chapter if the person is occupying the public right-of-way for the purpose of selling newspapers or publications or other printed material which deal with the dissemination of information or opinion; however, this defense is not available if said act occurred upon the paved surface or shoulder of any public street, highway or road.

(Ord. No. 03-07-09, § 2, 8-11-03)