Hawk Cove:Ord 2015-003

ORDINANCE NO. 2015-003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS REGULATING SOLICITING DOOR TO DOOR, PROVIDING AN OFFENSE AND A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DAТE.

WHEREAS, the City Council of the City of Hawk Cove, Texas has determined the need for the regulation for door to door solicitation; and

WHEREAS, it is the intention of the City Council of the City of Hawk Cove, Texas to require approval of door to door solicitation at city hall beforehand; and

WHEREAS, the City Council recognizes that the regulation of soliciting from door to door requires a permit beforehand.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS THAТ:

SECTION 1

That all of the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this ordinance.

SECTION 2

The City Council for the City of Hawk Cove, Texas hereby adopts the following ordinance which shall read as follows:

A. Any individual or business wishing to go door to door in Hawk Cove to solicit is required to have approval beforehand by the City through an application for a door to door permit. The application must be submitted at the Hawk Cove City Hall with a nonrefundable $50.00 application/permit fee and a copy of their photo ID. Payment must be made by money order, check, or cash.

B. Any individual or business wishing to go door to door in Hawk Cove to solicit is required to obtain a permit that is good for thirty (30) days, and obtain a copy of that permit form completed beforehand at the City Hall.

1. At the end of the thirty (30) days, if you wish to continue door to door solicitation in Hawk Cove, you may pay another $50.00 permit fee without filling out another application.

a. Any individual going door to door with the company, who had not previously submitted a copy of their background check with the initial application must do so before going door to door, along with a copy of their photo ID.

C. Any individual or business wishing to go door to door in Hawk Cove to solicit is required to furnish the City with a recent background check and copy of their photo ID.

1. Any individual wishing to go door to door in Hawk Cove to solicit is disqualified for obtaining a permit if they have been convicted of any of the following:

• Criminal homicide (Chapter 19 Texas Penal Code)

• Kidnapping (Chapter 20 Texas Penal Code)

• A sexual offense (Chapter 21 Texas Penal Code)

• An assault offense (Chapter 22 Texas Penal Code)

• Robbery (Chapter 29 Texas Penal Code)

• Burglary (Chapter 20 Texas Penal Code)

• Theft (Chapter 31 Texas Penal Code) committed against a person with whom the applicant came in contact while engaged in a home solicitation business

• Fraud (Chapter 32 Texas Penal Code) committed against a person with whom the applicant came in contact while engaged in a home solicitation business

• Weapons violations (Chapter 46 Texas Penal Code) punishable as a felony

• Criminal Attempt to commit any of the above offenses

D. The individual or business is required to take the copy of the completed permit form received when buying the permit, and attach it to the windshield of their car when they are going door-to-door, or have it on their person, should any city official inquire.

E. Hours of door-to-door solicitation shall be between 9:00 a.m. and sunset, Monday thru Saturday; excluding all major holidays.

F. A person commits an offense if the person fails to comply with a provision of this ordinance. An offense under this section is a misdemeanor punishable by a fine not to exceed $200.00, and each and every day this ordinance is violated shall constitute a separate offense.

SECTION

If any section, article, paragraph, sentence, clause, phrase, or word in this ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Hawk Cove, Texas, hereby declares it would have enacted such remaining portions, despite such invalidity.

SECTION 4

This ordinance shall be in full force and effect immediately upon its passage, approval, and adoption.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF MARCH 2015.