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Ordinance No. 2,0636902 ORDINANCE NO.2063 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OFBAYTOWN,TEXAS,BY THE AMENDMENT OF CHAPTER 22, "PEDDLERS AND SOLICITORS,"BY REPEALING THE PROVISIONS OF THIS CHAPTER AS PRESENTLY CONSTITUTED AND ADOPTING A NEW CHAPTER 22,"PEDDLERS ANDSOLICITORS";PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 ($200.00) DOLLARS;PROVIDING A REPEALING CLAUSE;CONTAINING A SAVINGS CLAUSE;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THECITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1:That the Code of Ordinances of the City of Baytown,Texas,is hereby amended by repealing the provisions of Chapter 22,"Peddlers and Solicitors,"as they presently exist and the same shall cease to haveforce and effect from and after the effective date of this ordinance. Section 2:That the Code of Ordinances of the City of Baytown,is hereby amended by the addition of a newChapter 22,"Peddlers and Solicitors,"which shall read as follows, towit: (SEE EXHIBIT "A") Section 3:Repealing Clause:All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed;provided however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. 6903 f^Section 4:Savings Clause:If any provisions,exception, section,subsection,paragraph,sentence,clause or phrase of this ordinance or the application of same to any person or setof circumstances shall for any reason be held uncon stitutional,void or invalid,such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end,all provisions of this ordinance are declared to beseverable. Section 5:Penalty Clause:A person adjudged guilty of an offense as defined in this chapter shall be punished by a fine not to exceed Two Hundred ($200.00)Dollars.Each dayan offense is committed shall constitute a separate offense. Section 6:Effective Date:This ordinance shall take effect from andafter ten (10)days from its adoption by the City Council of the City of Baytown,Texas.The City Clerk is hereby directed to give noticehereof by causing the caption of this ordinance to be published in the official newspaper of theCity of Baytown at least twice within ten (10)days after passage. .*"\INTRODUCED,READ and PASSED by the affirmative vote of the City Council of the City of Baytown,on this12th day of August ,1976. TOM GENTRY, ATTEST:< -EILEEN P.HALL,City Clerk APPROVED: NEEL RICHARDSON,City Attorney -2- --.',v ,iJ '; -••'•■>J 0.1 .;;;! .■"''.i 6904 EXHIBIT "A" 6905 Chapter 22 PEDDLERS AND SOLICITORS ARTICLE I.ITINERANT MERCHANTS Sec.22-1.Purpose and construction of chapter. This entire chapter is and shall be deemed an exercise of the police power of the state and of the city for the public safety,comfort,convenience and protection of the city and its citizens,and all the provisions of this chapter shall be construed for the accomplishment of that purpose. Sec.22-2.Definitions. Itinerant merchant."Itinerant merchant"or "itinerant vendor"means any persons,as well as their agents and employees,who solicit,sell,or offer for sale,any goods or merchandise or exhibit the same for sale or exhibit the same for the purpose of taking orders for the sale thereof, either by the display,exhibit,sell or offer for sale of such goods or merchandise upon or from a truck or other vehicle on the streets of the city,or from any room or space in any building,structure,or other enclosure or vacant lot for which definite arrangements have not been made for the hire,rental or lease for at least one (1) month,or by the offer for sale any goods or merchandise while upon the property of another,without the express consent of the owner or occupant thereof,or by going from house to house or from place to place in the city. Goods.Goods or merchandise means any personalproperty of any nature whatsoever including,but not limited to,tickets for admission to athletic,sporting or entertainment events or shows,wares,services,photographs or magazines. Sec.22-3.License required. It shall be unlawful for any itinerant merchant to engage in any activity defined in Section 22-2 without having applied for and obtained a license to doso issued by the city manager. Sec.22-4.Application for license. No license therefor shall be issued by the city until the itinerant merchant shall make application in writing on blanks to be furnished bythe city clerk.Such application shall be in affidavit form stating the full name and address of the itinerantmerchant,the location of his principal office and place of business,and describing any prior convictions for felonies or misdemeanors involving moral turpitude.The application must be accompanied by: 6906 f (1)a statement showing the kind and character of the goods or merchandise tobe sold,offered for sale or exhibited; (2)the full corporate name,and name and address of an officer of the corporation,if the itinerant merchant is a corporation incorporated under the laws of the State of Texas; (3)a copy of its permit to do business in Texas or the name of its agent for service,if the itinerant merchant is a corporation incorporated under the laws of some state other than Texas; (4)two recent photographic likenesses of the applicant's face,which photographs shall not exceed one (1")inch square in size; (5)a certificate or letter from an officer or manager of the company or organization for whom the itinerant merchant ^works or solicits,stating that the applicant is an employee v and/or agent of such organization. Sec.22-5.Fee. The fee for a license required by this article shall be Ten and No/100 ($10.00)Dollars. Sec.22-6.Contents of license. Each license under this chapter shall contain the following: (1)the name of the applicant and his address; (2)a photographic likeness furnished with the appli cation; (3)the date the license was issued. Sec.22-7.License to be carried on person. It shall be unlawful for any itinerant merchant or vendor /$*v to engage in any activity for which a license is required by this chapter,unless he carries such license on his person while so engaged. Sec.22-8.Duration of licenses. All licenses issued under this chapter shall be valid from the date shown thereon for a period of one (1)year,unless sooner revoked as provided in this chapter. If any person ceases to engage in activity described in Sec.22-2 for more than two (2)weeks,upon renewing such activity the person shall notify the city clerk. Sec.22-9.Hours. It shall be unlawful for any person to engage in activity described in Section 22-2 hereof "except between the hours of 10:00 a.m.and 8:00 p.m. -2- 6907 f Sec.22-10.Exemptions from chapter;cross-references. This chapter shall not apply to the following: (1)Ordinary commercial travelers who sell or exhibit for sale goods or merchandise to partiesengaged in the business of buying and selling and dealing in goods or merchandise. (2)Sale or soliciting of orders forthe sale of milk, dairyproducts,bakery products,vegetables,poultry eggs and otherfarm and garden products which have been raised or produced by the merchant or daily deliveries of milk and bakery and other food products.See Chapter 13. Sec.22-11.Revocation of license. If,after the license provided for in this chapter has been issued,any agency or official of the city finds that the license was obtained by false representation in the application,such license may be revoked.Such license may also be revoked,if it shall appear to any agency or official f of the city that the holder of such license has violated any ordinance of the city or any law of the state in connection with any soliciting by such holder or in connection with the collection,or attempted collection,of any account due to such permit holder or his employer,or in connection with the repossession or attempted repossession of goods sold by such license holder or any other personemployed by the employer of such licensee,or for any unfair,unjust,inequi table or fraudulent act by the licensee or his agent,employ ee or employer. Sec.22-12.Not transferable;authority to conduct business extends to one person only. Alicenseissued under this article shall not be trans ferable nor give authority to more thanone person to conduct a business as an itinerant merchant,but any person having obtained such license may have the assistance of one or more persons in conducting such business. Sec.22-13.Violations of chapter. Any person violating any of the provisions of this chapter shall,upon conviction,be fined not to exceed Two Hundred and No/100 ($200.00)Dollars,as provided in Section 1-5 of this Code,and each sale,offer for sale,exhibition for purpose of sale,or exhibition for the purpose of taking orders for the sale thereof in violation of thischapter shall constitute a separate offense. Sec.22-14—22-20.Reserved. -3- 6908 f ARTICLE II.CHARITABLE SOLICITORS Sec.22-21.Definitions. A charitable solicitor is any person,group or organi zation intending to solicit funds for some charitable, scientific or educational purpose,or the selling or taking orders for offering to sell or take orders for any goods, wares,merchandise,services,photographs or magazines with the representation that some or part of the solicited funds will remain available for charitable,scientific or educa tional purposes. Sec.22-22.Application for license. It shall be unlawful for any charitable solicitor to engage in any activity described in Part 1 without filing with the city clerk a statement of the method of the solic itation,the need for the contribution to be solicited,the name under which such charitable solicitation is to be conducted,a name,address and telephone number of a person in charge of said solicitation. Sec.22-23.Application by group permitted. An organization soliciting funds for itself or another within the scope of Sec.22-21 may make an application for all persons soliciting under its auspices. Sec.22-24.False information. It shall be unlawful for any person to givefalse infor mation on their statement. Sec.22-25.Hours. It shall be unlawful for any person to engage in activity described in Sec.22-21 hereofexcept between the hours of 10:00 a.m.and 8:00 p.m.