Ordinance No. 11,141ORDINANCE NO. 11,141
AN ORDINANCE OF TI IE CITY OF BAYTOWN, TEXAS. AMENDING CHAPTER
7.1 "PEDDLERS AND SOLICITORS" OF THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN. TEXAS. TO ADD A NEW ARTICLE TO BE NUMBERED
AND ENTITLED ARTICLE IV "PANHANDLING:" PROVIDING FOR A PENALTY
NOT EXCEEDING FIVE HUNDRED AND NO /100 DOLLARS ($500.00):
PROVIDING A REPEALING CLAUSE: CONTAINING A SAVINGS CLAUSE: AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS:
Section l: That Chapter 74 '`Peddlers and Solicitors" of the Code of Ordinances of the City of
Baytown. Texas. is hereby amended to add a new article to be numbered and entitled Article IV
"Panhandling," which division shall read as follows:
CHAPTER 74. PEDDLERS AND SOLICITORS
ARTICLE IV. PANHANDLING
DIVISION 1. AGGRESSIVE PANHANDLING
Sec. 74 -151. Aggressive panhandling.
(a) Al)plicabiliry. This section does not apply to a person who is (i) conducting operations as an
itinerant merchant or open air vendor if such person has a valid license pursuant to article 11 of
this chapter for such operations; (ii) conducting a charitable solicitations campaign if such person
has a valid permit pursuant to article 111 of this chapter for such campaign: or (iii) seeking a
charitable solicitation as provided by V.T.C.A., Transportation Code §552.007(a), if such person
has been Granted authorization by the city pursuant to V.T.C.A.. Transportation Code §552.0071
for such solicitation.
(b) Definitions. The following words. terms, and phrases when used in this section shall have the
meanings ascribed to them in this subsection. unless the context of their usage clearly indicates
another meaning:
Automated teller tnachineor.4T.ttmeans a machine. other than a telephone or modem
operated by a customer of a depository institution, through which a person may initiate an
electronic find transfer, as defined by 15 U.S.C. Section 1693a(6). The term includes a point -of-
sale terminal or cash dispensing machine.
Fuel dispensing device means a pump or other machine utilized for dispensing fuel to
motor vehicles for a fee.
Panhandle means obtain or seek to obtain by accosting or begging from someone.
Pay telephone means any coin- operated or credit or debit card reader operated telephone
located on any public or private property that is accessible for public use.
Parkingfee collection box means a device utilized to collect coins or currency as a charge
for parking a motor vehicle on private property.
(c)
(d)
Parking meter means any coin - operated meter utilized to charge for parking a motor
vehicle on public property.
Public place means any public indoor or outdoor facility, street. sidewalk, or other place
that is open to the public.
Request means any imperative instruction, whether verbal or non - verbal, by a solicitee to
a solicitor to desist the solicitation including. but not limited to, words or gestures such as "stop."
"back off," "stay back." "get away." "leave me alone." or "withdraw."
Solicitation means the act of panhandling by seeking through a communication with
another person, whether by gesture or verbally, goods or funds for food, personal favors,
including. but not limited to trips. transportation, or clothing, drink, lodging, or vehicle fare. or
any other purpose.
Solicitee means any individual to whom a solicitor directs a solicitation.
Solicitor means any, person who engages in the act of solicitation.
Vending machine means any coin - operated, automatic machine that dispenses goods or
merchandise.
Regulated conduct.
Immediately upon any request from a solicitee to a solicitor, a solicitor, who is in a public
place at the moment the request is made, shall discontinue the solicitation until there is a
space of at least eight feet between the solicitor and the solicitee or, in the alternative,
discontinue all efforts to engage in the solicitation.
No solicitor shall engage in solicitation within a distance of eight feet from any ATM,
pay telephone. parking meter, parking fee collection box, vending machine. or fuel
dispensing device.
Distance measurements.
For the purposes of subsection (b)(1) of this section, distance shall be measured from any
extension of the solicitor's body, including without limitation any sign or other object
being used or carried by the solicitor, to any part of the solicitee's body.
For the purposes of subsection (b)(2) of this section, distance shall be measured from any
extension of the solicitor's body, including without limitation any sign or other object
being used or carried by the solicitor, to any part of the physical structure of the ATM,
pay telephone, parking meter, parking fee collection box, vending machine, or fuel
dispensing device.
(e) Penalty for violation. Any person who knowingly or intentionally violates any provision of this
section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided by
section 1 -14 of this code.
(f) Atli? inistn•ative rules. The police chief is authorized to promulgate such rules and regulations
necessary for the implementation and administration of this section.
Section 2: Every person convicted of a violation of any provision of this ordinance herein shall
be punished by a fine not exceeding FIVE HUNDRED AND NO/ 100 DOLLARS ($500.00). Each act of
violation and each day upon which any such violation shall occur shall constitute a separate offense. In
addition to the penalty prescribed above, the city may pursue other remedies such as abatement of
nuisances, injunctive relief. administrative adjudication and revocation of licenses or permits.
Section 3: 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.
Section 4: if any provision, section. exception. subsection, paragraph. sentence. clause or phrase
of this ordinance or the application of same to any person or the set of circumstances. shall for any reason
be held unconstitutional. 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 be severable.
Section 5: This ordinance shall take effect from and after ten (10) days from its passage by the
City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED. READ and PASSED. by the affirmative vote the City Council of the City of
Bayto\vn this the 25`h day of June, 2009.
eIMACIO RAMIREZ. SR.. It Attorney
DONCARL05!Mayor
Acohsr I \Legal \Karen\Fites \Cite Council\Ordinances\2009June 25' AzressivcPanhandling0rdinance.doc