article i. - in general [64]

PART II - THE CODE Chapter 23 - PEDDLERS AND SOLICITORS

ARTICLE I. - IN GENERAL

Sarasota, Florida, Code of Ordinances of 6

ARTICLE I. - IN GENERAL [64]

(64) Editor's note— The addition of §§ 23-4, 23-5 as Art. II has caused the designation of the existing provisions of

this chapter, §§ 23-1—23-3, as Art. I.

Sec. 23-1. - Soliciting funds, distributing materials to persons traveling in or on vehicles.

Sec. 23-2. - Selling in streets, right-of-way, etc.

Sec. 23-3. - Soliciting customers on streets, sidewalks, etc.

Sec. 23-3.5. - Commercial vending during special events.

Sec. 23-3.6. - Commercial vending on public property and public right-of-way.

Sec. 23-1. - Soliciting funds, distributing materials to persons traveling in or on vehicles.

It shall be unlawful for any person to solicit or attempt to solicit funds or contributions from persons traveling in or on vehicles, whether such vehicles be actually moving or temporarily stopped. It shall be unlawful for any person to distribute or attempt to distribute literature or other materials to persons traveling in or on vehicles, whether such vehicles be actually moving or temporarily stopped.

(Code 1971, § 37-2.1)

Sec. 23-2. - Selling in streets, right-of-way, etc.

(a) It shall be unlawful for any person to sell, dispense, peddle, hawk, display, offer to sell or solicit for sale by offering or exposing for sale any goods, wares, merchandise or services in or on any street, alley, thoroughfare, public right-of-way, public parking lot or median in the city from any table, booth, stand, cart, motor vehicle, showcase, bench, rack, push cart, wagon or any other wheeled vehicle or device which may be moved with or without the assistance of a motor or engine. It shall be unlawful for any person to sell, dispense or display for sale any food items or beverages in or on any street, alley, thoroughfare, public right-of-way, public parking lot or median in the city unless a permit for such purpose has been issued pursuant to Section 6-28 of the Zoning Code of the city.

(b) The terms of this section shall not apply to the business operations of any public transportation system, taxi cabs or other vehicles for hire nor shall the same apply to the commercial servicing or repair of any disabled motor vehicle or any commercial activity involving pick up, delivery or unloading so long as the same is temporary and is done in conformity with other applicable provisions of this Code and other applicable laws.

(Code 1971, § 37-3; Ord. No. 84-2790, § 2, 4-30-84)

Sec. 23-3. - Soliciting customers on streets, sidewalks, etc.

No merchant, hawker or peddler, or their agents or employees, shall solicit customers on any street, sidewalk or alley, or within any public place in the city, by stopping passersby or by yelling or making any loud noise to attract persons to their places of business, or by exhibiting or having any attraction which blockades or obstructs any street, alley, sidewalk or public place within the city.

(Code 1971, § 37-4)




Sec. 23-3.5. - Commercial vending during special events.

(a) The sponsor of a special event shall obtain temporary commercial vending permit for all commercial vending proposed to occur on public property or on public right-of-way as part of the special event of the sponsor. The sponsor shall submit to the city manager, or his designee, an application that shall identify each vendor participating in the special event. The provisions of section 23-3.6(d), pertaining to commercial vending permits shall apply. Provided, however, that should a conflict or inconsistency occur between section 23-3.6(d) and this section, the provisions of this section shall prevail.

(b) The sponsor shall submit an application, which shall identify the name and location proposed for each vendor and the duration of the special event. The application shall be submitted at least five (5) working days prior to the special event.

(c) The sponsor shall procure public liability insurance and property damage insurance providing coverage for all commercial vendors of the special event in the amount and form as required by section 23-3.6(d)(3).

(d) The application fee required by section 23-3.6(d)(4) shall not be applicable to temporary commercial vending permits issued to sponsors of special events. If the sponsor is a nonprofit entity, no fee shall be required. For-profit sponsors shall pay a temporary commercial vendors permit fee as established by resolution of the city commission.

(e) Temporary commercial vending permits for special events shall be valid only for the period of the special event.

(f) No special event vendor shall participate in a special event unless approved by the city manager, or his designee. All special event vendors shall be required to display a temporary vending permit for each special event. The vendor shall affix the permit to the vendor's booth, stand, cart, motor vehicle, showcase, bench, rack, push cart, wagon, or any other wheeled vehicle or device utilized by the vendor at the special event in a clearly visible location.

(g) The provisions of this section shall not apply to designated park vendors who have contracted to conduct business pursuant to section 23-3.6(j).

(h) Special event vendors may be authorized, by the city manager, to vend in public parks including those designated pursuant to section 23-3.6(j). Park vendors approved under the terms of section 23-3.6 shall have a continuing right to vend in public parks during all special events.

(i) No commercial vending shall be allowed during a special event, unless the vendor possesses a temporary commercial vending permit obtained pursuant to the application of the special event sponsor.

(Ord. No. 92-3581, § 1, 3-15-93; Ord. No. 04-4557, § 1, 8-2-04)

Editor's note— Ord. No. 92-3581, § 1, adopted March 15, 1993, amended the Code by adding a new section

designated as section 23-3. In order to avoid a conflict in section numbering, the editor has redesignated the provisions of Ord. No. 92-3581 as section 23-3.5

Sec. 23-3.6. - Commercial vending on public property and public right-of-way.

(a) Definitions. For the purposes of this section the following words will have the meanings set forth




hereafter:

(1) Commercial vending. To sell by dispensing, peddling, hawking or offering for sale by soliciting or displaying any foodstuffs or beverages from other than a structure which is permanently erected or constructed with a fixed location on or in the ground. Commercial vending shall not include the use of public property or public right-of-way by any person pursuant to a franchise granted by the city.

(2) Approved park vendor. A person who has a written contract with the city to engage in commercial vending within a municipal park which has been designated pursuant to subsection (j) of this section for vending purposes. Requirements pertaining to a vendor's becoming approved to vend within a designated park shall be established by the city commission in a request for proposals pertaining to each specific park.

(3) Person. An individual, group of individuals, any partnership, limited partnership, trust, association, corporation, firm, association or business entity, by whatever name identified, owning or responsible for the placing, maintaining or controlling of any commercial vending activity which is regulated by this section. The use of the singular shall include the plural.

(4) Vendor. Any person who engages in a commercial vending activity.

(5) Public property. Any real property owned by the city, in fee, which is not classified as public right-of-way, as defined in (6) below, whether or not the same has been improved, and shall include driveways and parking lots.

(6) Right-of-way. All that land area owned by the city, in fee, or in which the city has an easement, which is dedicated to public use for pedestrian movement, or which is used for motor vehicle or pedestrian safety and control or for the locating of traffic-control signs and devices or public utilities, including land adjacent thereto, whether landscaped or not, and shall include land area that is dedicated to public use whether or not the same has been improved for its intended purpose. Right-of-way shall specifically include but shall not be limited to any street, alley, thoroughfare, median or sidewalk.

(b) Commercial vending on public property. Except for approved park vendors in designated public parks, no person shall engage in the activity of commercial vending on property owned by the City of Sarasota unless the city commission shall have granted permission therefor as part of a special event or pageant, open to the general public, which shall be of a limited duration of time.

(c) Commercial vending on public right-of-way. No person shall engage in the activity of commercial vending on public right-of-way within the RSF, RMF, RSM-9, OPB, OPB-1 or CT zone districts. Commercial vending may be permitted, within zone districts other than those enumerated, pursuant to a permit issued in accordance with paragraph (d) hereof or pursuant to a written contract with an approved park vendor in a designated public park.

(d) Commercial vending permits. The city manager, or his designee, may issue permits, upon application submitted in accordance with the following requirements:

(1) Applications for a permit shall be submitted, on forms prescribed by the city manager.

(2) Any person regulated, as to sanitary practices, by the department of health and rehabilitative services of the state, shall submit with the application proof of compliance with applicable




regulations of said department and the county health department as a condition precedent to the issuance of any permit pursuant to this section. Any person required to maintain commissary facilities shall identify, on the application, the business address of that facility and shall produce proof of compliance with applicable regulations of the department of health and rehabilitative services and the county health department relating thereto, prior to the issuance of any permit pursuant to this section.

(3) All persons, prior to receiving a permit, shall procure public liability and property damage insurance, in a minimum amount of commercial general liability one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate per occurrence and fire damage in a minimum amount of three hundred thousand dollars ($300,000.00) per occurrence, which shall name the City of Sarasota as an additional insured; and the same shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the city. Proof of such insurance, issued by an insurance company licensed to do business in the state, shall be delivered prior to the issuance of a permit to the city manager or his designee.

(4) An application fee in the amount of one hundred fifty dollars ($150.00) shall be payable at the time the application for a permit is filed. In the event that the requested permit shall not be issued, the permit fee shall be refunded to the vendor and the vendor shall be notified, in writing, as to the reasons for the denial of the permit.

(5) Permits shall be valid for a period of no more than one (1) year and shall expire on October 1. Permits issued after October 1 of any given year shall be issued through the following September 30.

(6) No permit shall be issued if the commercial vending requires the use of any device which is of such physical size so as to impede or interfere with the flow of pedestrian or vehicular traffic on or across the right-of-way.

(e) Responsibilities of vendors. A person who is issued a permit pursuant to this section shall:

(1) Engage in commercial vending only after having obtained an occupational license from the building, zoning and code compliance department.

(2) Engage in commercial vending only between 6:00 a.m. and 12:00 midnight.

(3) Provide a litter receptacle for use by patrons or customers.

(4) Leave a location only after picking up, removing and disposing of all trash or refuse remaining from the commercial vending activity.

(5) Not set up, maintain or permit the use of any crates, cartons, coolers, ice chests, freestanding racks, chairs for customers, tables or boxes. Notwithstanding the foregoing, a vendor may set up and use a chair for rest during working hours.

(6) Not solicit, offer to sell or make any sales to persons in motor vehicles which are traveling on any street, roadway, thoroughfare or alley.

(7) A permit shall specify a vending site and authorizing the vendor to occupy and use that specific location. The permit and the site specified therein shall be personal to the vendor named in the permit and the permit or site to which it pertains shall not be sold or transferred by the




vendor to any other person or entity. A vending site may only be transferred by the city manager upon the termination of a vending permit. A vendor may not grant permission for a substitute person or entity to operate under the vendor's permit. Notwithstanding the foregoing, a vendor may hire one (1) employee per site and said employee may occupy the site in vendor's stead so as to work the vending cart thereby allowing the vendor time off while maintaining the business as well as allowing the vendor to make provisions for vacation, scheduled appointments, business meetings, illness and the like.

(8) Annually, a vendor may request renewal of a valid vending permit. The vendor shall be entitled to renew the permit for the vending site provided for in an expiring permit so long as the application for the new permit is made. An application made within the first seven (7) working days of the month of October shall be deemed timely. If a previously assigned vending site is not renewed because an application for renewal was not submitted in a timely manner, then that particular vending site may be assigned to the first vendor making application therefore.

(9) Should a vendor abandon the site identified in the vending permit, without prior approval of the city manager, the vending permit shall be deemed automatically terminated and the city manager may then issue a permit to a new vendor for that vending site. "Abandonment" shall be deemed to have occurred if a vendor fails to occupy and vend from the permitted vending site for seven (7) or more working days in succession. Provided, however, that a vendor may temporarily interrupt the conduct of business at the vending permit site by giving advance written notice to the city manager, specifying the reasons for the temporary suspension of business.

(f) Interference with traffic prohibited: Persons issued permits pursuant to this section shall not impede or interfere with the flow of pedestrian or vehicular traffic along or across the right-of-way. No person shall conduct a commercial vending activity within five hundred (500) feet of any other person who has received a permit to conduct such activity. Should any person refuse to move or disperse, upon the order of the city manager, his designee, or any member of the police department of the city, the permit issued to allow the commercial activity of such person shall be subject to revocation. No person shall conduct his or her commercial vending activity so as to hawk, offer, solicit or sell to operators or passengers in motor vehicles if the motor vehicle must be stopped or parked illegally in or on the public right-of-way in order for the vendor to engage in the commercial vending activity.

(g) Revocation of permit. The city manager or his designee may revoke any permit issued pursuant to this section for the failure of a permittee to adhere to any standard or requirement of this section. Prior to revoking a permit, the permittee shall be given written notice of the violation and the action necessary to correct the same. The notice shall be delivered by U.S. registered mail, return receipt requested, or by hand delivery. The notice shall provide that failure to correct the offending condition, within five (5) days, shall result in the revocation of the permit. Within five (5) days of the receipt of the aforementioned notice, the permittee may request an opportunity to appear before the city manager or his designee in order to show cause why the permit should not be canceled. However, such appearance shall not be required in the event that the permittee takes corrective action within the time designated.

(h) Appeal. A permittee may appeal, to the city commission, any decision of the city manager or his designee, pertaining to the denial of a permit applied for, or the revocation of an issued permit pursuant to paragraph (g) above. An appeal must be requested within ten (10) days of the action, determination or notice from which the appeal is taken. An appeal shall be deemed perfected when the permittee has submitted, in writing, a statement of the administrative action being appealed and the basis for such appeal and has delivered the same to the city auditor and clerk. The city auditor and clerk shall




schedule the appeal for consideration by the city commission at its next regular meeting. At the hearing before the city commission, the permittee shall be given a reasonable opportunity to be heard in order to show cause why the action, determination or notice appealed from should be reversed or modified. In all such cases, the burden of proof shall be upon the permittee to show that there was no substantial evidence to support the action, determination or notice. At the conclusion of the hearing, the decision of the city commission shall be final.

(i) Penalty. Any act prohibited, made or declared to be unlawful by the terms of this chapter or the doing of any act prohibited or the failure to do any required act shall be deemed a misdemeanor punishable by a fine not exceeding five hundred dollars ($500.00), or imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment. Each day any violation of this chapter shall continue shall constitute a separate offense.

(j) Commercial vending in designated public parks. Selby Five Points Park, Centennial Park and Pineapple Park and the sidewalks abutting each park, from the park boundary to the curbline, are hereby designated as public property where commercial vending may take place pursuant to a contract between the vendor and the city. No person or entity shall engage in the activity of commercial vending in a designated park except pursuant to a contract with the city, which has been approved by the city commission. Vendors contracting with the city to vend in a designated park shall adhere to those requirements of this section 23-3.6, which the contract with the city specifically identifies as applicable. The contract shall provide that the city manager, or his designee, shall have continuing authority to grant permission for temporary commercial vending in designated parks as part of a special event or pageant open to the general public and which is of a limited duration of time. During such special event, the city manager, or his designee, may prioritize space allocation within the designated public park for the duration of the special event. The right of a person to engage in commercial vending in designated parks may include the right to vend on the sidewalks abutting the designated park, as provided for by contract. Conditions placed on the activities of designated park vendors, other than as provided for in this section or other applicable codes of the city shall be specified in the vendor's written contract with the city. Vendors who have obtained a commercial vending permit pursuant to subsection (d) of this section are specifically prohibited from vending in a designated public park or the sidewalk abutting the park.

(Ord. No. 98-4079, § 1, 10-21-98; Ord. No. 04-4557, § 2, 8-2-04; Ord. No. 05-4602, § 1, 2-7-05; Ord. No. 05-4654, §§ 1—4, 11-21-05)


ARTICLE II. - PROHIBITED ACTIVITIES IN AND UPON THE SAND BEACH AREAS AND PUBLIC RECREATION AREAS

Sarasota, Florida, Code of Ordinances Page 1 of 1

ARTICLE II. - PROHIBITED ACTIVITIES IN AND UPON

THE SAND BEACH AREAS AND PUBLIC

RECREATION AREAS

Sec. 23-4. - Definitions.

Sec. 23-5. - Soliciting, canvassing or merchandising prohibited.


For the purposes of this article, the following terms shall have the meanings indicated hereafter:

(a) Sand beach area means the land between the waters of the Gulf of Mexico, including the waters thereof, and the Costal Construction Control Line established by Sarasota County.

(b) Public recreation area means any property owned, leased, or operated by the city or county, and used for public park or recreational purposes.

(c) Solicit, canvass or merchandise means any act, delivery or exchange, not initiated by the prospective customer, which directs attention to any business, mercantile or commercial establishment, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interest through sales, rentals or any exchange of value.

(d) Person means any individual, firm, association, partnership, joint venture, business trust, syndicate, or corporation.

(Ord. No. 87-3089, § 1, 4-6-87)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 23-5. - Soliciting, canvassing or merchandising prohibited.

No person shall solicit, canvass or merchandise for the sale or rental of merchandise, services, goods, or property of any kind or character, in, upon, or from the sand beach areas and public recreation areas located in the city. This prohibition shall not apply to a tenant, concessionaire or licensee of the city lawfully operating within the terms of any lease, concession agreement or license granted by the city.

(Ord. No. 87-3089, § 1, 4-6-87)


ARTICLE III. - PANHANDLING



Sec. 23-6. - Panhandling defined.

Sec. 23-7. - Places of panhandling.

Sec. 23-8. - Manner of panhandling.

Sec. 23-6. - Panhandling defined.

(a) As used in this article, panhandling shall mean any solicitation made in person upon any street, public place, park or beach in the city, in which a person requests an immediate donation or money or other gratuity from another person, and includes but is not limited to seeking donations:

(1) By vocal appeal or for music, singing, or other street performance; and,

(2) Where the person solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.

(b) Panhandling, however, shall not include the act of passively standing or sitting nor performing music, singing or other street performance with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person.

(Ord. No. 02-4371, § 1, 5-6-02)

Sec. 23-7. - Places of panhandling.

(a) It shall be unlawful to engage in an act of panhandling when either the panhandler or the person being solicited is located at any of the following locations: at a bus stop; in any public transportation vehicle or public transportation facility; at a vehicle which is parked or stopped on a public street or alley except upon permit by the city manager; in a sidewalk cafe; on private property, unless the panhandler has permission from the owner or occupant; in a parking lot or garage owned or operated by the city, including entryways or exits and pay stations connected therewith; in a public park, beach, fairground, or sporting facility, including entryways or exits thereto; or within twenty (20) feet in any direction from an automatic teller machine, parking meter, parking pay station or entrance to a bank.

(b) It shall be unlawful to engage in the act of panhandling on any day after sunset, or before sunrise.

(Ord. No. 02-4371, § 1, 5-6-02; Ord. No. 11-4977, § 1, 7-5-11)

Sec. 23-8. - Manner of panhandling.

(a) It shall be unlawful to engage in an act of panhandling in an aggressive manner, including any of the following actions:

(1) Touching the solicited person without the solicited person's consent;

(2) Panhandling a person while such person is standing in line and waiting to be admitted to a commercial establishment;

(3) Blocking the path of a person being solicited, or the entrance to any building or vehicle;




(4) Following behind, ahead or alongside a person who walks away from the panhandler after being solicited;

(5) Using profane or abusive language, either during the solicitation or following a refusal to make a donation, or making any statement, gesture, or other communication which would cause a reasonable person to be fearful or feel compelled; or

(6) Panhandling in a group of two (2) or more persons.

(Ord. No. 02-4371, § 1, 5-6-02)

PART II - THE CODE Chapter 34 - TRAILERS, TENTS, ETC.

ARTICLE III. - TENTS


ARTICLE III. - TENTS

Sec. 34-36. - Defined.

Sec. 34-37. - Permit.

Sec. 34-38. - Time and manner of pitching.

Sec. 34-39. - Special permit required for certain uses.

Sec. 34-36. - Defined.

A "tent" is hereby defined for the purposes of this article as a canvas or other cloth shelter from sun or weather, supported by a wooden frame or by poles, stakes and ropes, or both, and not attached to any building.

(Code 1971, § 41-1(a))

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 34-37. - Permit.

It shall be unlawful for any person to pitch a tent within the city until such person has made application to the administrator of building and zoning for a tent permit to pitch such tent. Every application shall contain such reasonable information as may be required by the administrator of building and zoning for the issuance of such permit. A fee in the amount of fifty dollars ($50.00) shall be charged for the issuance of a tent permit pursuant to this section.

(Code 1971, § 41-1(b))

Sec. 34-38. - Time and manner of pitching.

Tents for temporary use may be pitched in the city for a specified period of time only by and under such rules and regulations as the chief building inspector of the city shall prescribe.

(Code 1971, § 41-2)

Sec. 34-39. - Special permit required for certain uses.

No use or business of any kind or character whatsoever shall be transacted and no merchandise or other goods shall be stored or displayed within any tent except under special permit from the city manager. No meeting or gathering of any number of individuals exceeding five (5) in number shall be held under any tent, except on special permit from the city manager.

(Code 1971, § 41-3)

CODE OF ORDINANCES Chapter 17 - LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS

ARTICLE V. - PEDDLERS, SOLICITORS, CANVASSERS, ETC.

Little Rock, Arkansas, Code of Ordinances Page 1 of 2

ARTICLE V. - PEDDLERS, SOLICITORS, CANVASSERS, ETC. [58]

(58) State Law reference— Authority to define, license, tax and regulate transient or itinerant dealers or vendors,

A.C.A. § 14-54-1407; municipal authority to license, tax and regulate peddlers, solicitors, etc., A.C.A. § 14-54-103; Transient Merchant Licensing Act of 1983, A.C.A. § 17-42-101 et seq.; authority to legislate on matters pertaining to municipal affairs, A.C.A. § 14-43-601 et seq.

Sec. 17-126. - Penalty.

Sec. 17-127. - Bond for solicitors, peddlers, hawkers, etc.

Sec. 17-128. - Charitable solicitations on streets.

Sec. 17-129. - Soliciting along major or minor arterial streets.

Sec. 17-130. - Permit for charitable solicitors for hire.

Secs. 17-131—17-150. - Reserved.

Sec. 17-126. - Penalty.

Any person convicted of a violation of any of the provisions of this article shall be punished as provided in section 1-9.

Sec. 17-127. - Bond for solicitors, peddlers, hawkers, etc.

(a) Solicitors of book and magazine subscriptions, itinerant peddlers, hawkers, and any person engaged in selling or offering for sale merchandise or services at retail within the city to the ultimate consumers and not having a regular permanent place of business in the city shall, prior to engaging in any such activity, execute a bond with good and sufficient surety payable to the city for the use and benefit of any person damaged by a breach thereof. The bond shall ensure performance of services, delivery of merchandise and proper application of moneys received therefor.

(b) The bond shall be in an amount, approved by the chief of police, which amount is found, after considering the money likely to be involved or the value of services to be rendered or merchandise delivered, to be adequate to protect the public against fraud or dishonest dealing. The bond shall not be in an amount less than five hundred dollars ($500.00).

(c) A fee of five dollars ($5.00) shall be paid to the city by each person executing such a bond in order to defray the cost of administering this section. The fee so collected shall be deposited in the general fund.

(d) A person damaged by a breach of the bond is entitled to recover on the bond the amount of his damages proved, plus costs in a civil action in any court having jurisdiction.

(e) The chief of police shall administer the provisions of this section.

(Code 1961, § 28-1

Sec. 17-128. - Charitable solicitations on streets.

(a) No person shall solicit donations on the streets for charitable, religious or other bona fide nonprofit purposes without a permit from the city.

(b) To obtain such a permit, a person shall submit in writing to the city an application giving the name

CODE OF ORDINANCES Chapter 17 - LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS

ARTICLE V. - PEDDLERS, SOLICITORS, CANVASSERS, ETC.

Little Rock, Arkansas, Code of Ordinances Page 2 of 2

and headquarters address of the organization they represent and solicit for, and the names and addresses of any and all solicitors and any and all other information which may be required by the city.

(c) The city manager shall administer the provisions of this section and promulgate regulations governing the procedure for application and issuance of permits.

(Code 1961, §§ 28-2 —28-4)

Sec. 17-129. - Soliciting along major or minor arterial streets.

Soliciting on or along major or minor arterial streets of the city is prohibited.

(Code 1961, § 28-9

Sec. 17-130. - Permit for charitable solicitors for hire.

A person soliciting funds for charitable purposes either by means of the sale of tickets or otherwise where such person receives remuneration for such services or is in any manner financially interested in the results of such ticket sale, shall, before engaging in such business, secure a permit therefor from the city collector's office. Before the city collector shall issue any such permit he shall cause the chief of police to investigate the objects of charity involved and shall approve the objects as being bona fide projects.

(Code 1961, § 28-6

Secs. 17-131—17-150. - Reserved.

PART II - CODE OF ORDINANCES—GENERAL ORDINANCES Chapter 43 - COMMERCIAL SOLICITATION

Atlanta, Georgia, Code of Ordinances Page 1 of 5

Chapter 43 - COMMERCIAL SOLICITATION

Sec. 43-1. - Commercial solicitation.

Sec. 43-1. - Commercial solicitation.

(a) Definitions:

"Commercial solicitation" or "to commercially solicit" is any request made in person on a street, sidewalk, or public place, without a permit, asking for an immediate donation of money or other thing of value, including the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is a donation. Commercial solicitation shall not include passively standing or sitting with a sign or other indication that one is seeking donations without addressing the request to any specific person.

"Outreach team evaluator" shall mean an individual counselor or group of counselors authorized and designated by the mayor to provide access to community outreach services for individuals with mental health diagnoses and/or drug and alcohol complications, or other medical or social services needs. The outreach team evaluator shall make recommendations that an individual receive community outreach services, and may take reasonable steps toward directing the person to the appropriate community outreach program service provider, including but not limited to offering transportation to such provider. An outreach team evaluator shall not have the authority to compel an individual to receive community outreach services.

"Community outreach services" means a public or private services provider that offers residential and/or rehabilitative medical or social services assistance, including but not limited to mental health treatment, drug or alcohol rehabilitation, or homeless assistance services for individuals in need thereof. The mayor shall determine what service providers constitute an eligible community outreach service provider for purposes of this section.

"Evaluation" means the written assessment of an individual's mental health, the presence of drug and alcohol complications, or other medical or social service needs by visual analysis and/or by verbal communication with the individual. Evaluation may be performed by either an outreach team evaluator or a law enforcement officer. An evaluation shall not serve to compel an individual to receive community outreach services nor shall an evaluation serve to increase the penalty assessed as provided for in section 43-6.

The "tourist triangle" means the area defined by the boundaries of the following named streets, including both sides of each named street and each corner of intersecting named streets:

Martin Luther King Jr. Drive SW from Courtland Street SE to Peachtree Street SW; Peachtree Street SW from Martin Luther King Jr. Drive SE to Alabama Street SW; Alabama Street SW from Peachtree Street SW to Forsyth Street SW; Forsyth Street SW from Alabama Street SW to Marietta Street NW; Marietta Street NW from Forsyth SW to Jones Avenue NW (Ivan Allen Boulevard NW); Jones Avenue NW (Ivan Allen Boulevard NW) from Marietta Street NW to Alexander Street NW; Alexander Street NW from Jones Avenue NW to Ralph McGill Boulevard NE; Ralph McGill Boulevard NE to Peachtree Street NE; Peachtree Street NE from Ralph McGill Boulevard NE to Peachtree Center Avenue NE; Peachtree



Center Avenue NE from Peachtree Street NE to Baker Street NE; Baker Street NE from Peachtree Center Avenue NE to Piedmont Avenue NE; Piedmont Avenue NE from Baker Street NE to Edgewood Avenue SE; Edgewood Avenue SE from Piedmont Avenue NE to Courtland Street SE; Courtland Street SE from Edgewood Avenue SE to Martin Luther King Jr. Drive SW.

The "King Center Tourist Area" means the area defined by the boundaries of the following named streets, including both sides of each named street and each corner of intersecting named streets: Irwin Street, NE from Jackson Street, NE to Boulevard NE; Boulevard NE from Irwin Street, NE to Auburn Avenue, NE; Auburn Avenue, NE from Boulevard NE to Jackson Street, NE; Jackson Street, NE from Auburn Avenue, NE to Irwin Street, NE.

(b) Commercial solicitation in certain areas. It shall be unlawful for any person to commercially solicit when the person solicited is in any of the following places within the City of Atlanta, unless otherwise provided for in section 43-2(1)(c):

(1) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property;

(2) Within 15 feet of the entrance to or exit from any public toilet facility, which includes any temporary use site (port-a-toilet);

(3) Within 15 feet of an automatic teller machine (ATM), provided that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility;

(4) Within 15 feet of any parking lot pay box;

(5) Within 15 feet of any pay telephone, provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility;

(6) In any public transportation vehicle, or in any bus or subway station, or within 15 feet of any bus stop or taxi stand;

(7) From any operator of a motor vehicle that is in traffic on a public street; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the owner or passengers of such vehicle;

(8) In a parking lot or garage owned or operated by the City of Atlanta, including entryways or exits and pay stations connected therewith;

(9) Within 15 feet of any valid vendor location, as defined in the Atlanta City Code, Chapter 30, Article XXIII, Division 1, Section 30-1401 and Article XXIV, Division 1, Section 30-1461

(10) Within the "tourist triangle" area as defined in section 43-1(1)(d).

(11) Within the "King Center Tourist Area" area as defined in section 43-1(1)(f).

(c) Nighttime commercial solicitation. It shall be unlawful for any person to commercially solicit after sunset and before sunrise.



(d) Aggressive solicitation. It shall be unlawful for any person to commercially solicit in any of the following manners:

(1) By blocking the path of the person solicited; or

(2) By following or walking alongside the person solicited; or

(3) By using profane or abusive language, either during the solicitation or following refusal; or

(4) By accosting or forcing oneself upon the company of another, as is defined in section 106-85; or

(5) By any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat.

(e) False or misleading solicitation. It shall be unlawful for any person to knowingly make any false or misleading representation in the course of soliciting a donation. False or misleading representations include, but are not limited to, the following:

(1) Stating that the solicitor is from out of town and stranded when such is not true;

(2) Stating or suggesting falsely that the solicitor is either a present or former member of the armed service indicated;

(3) Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated;

(4) Use of any makeup or device to simulate a deformity; or

(5) Stating that the solicitor is homeless, when he or she is not.

(f) Penalties. Penalties for violations of this section shall be as follows:

(1) First violation: Upon a first violation, the person accused of violating this section shall be issued a warning ticket, which shall not include a summons to appear before a court of proper jurisdiction or shall be issued a written citation, including a summons to appear before a court of proper jurisdiction for disposition of the case and the law enforcement officer issuing the citation shall request an outreach team evaluator to make an onsite evaluation of the violator.

a. The outreach team evaluator shall make an evaluation of the person issued a warning ticket or citation under this section, wherein such evaluation shall be forwarded to the prosecutor prosecuting the violation.

b. The outreach team evaluator shall offer immediate referral and direction to an appropriate community outreach services program to each and every person issued a citation under this section.

c. In the event an outreach team evaluator is not available for any reason, the citation shall note the time of contact with the outreach team evaluator and the law enforcement officer issuing the citation shall include an evaluation.

(2) Second violation:



a. Upon a second violation, the person accused of violating this section shall be issued a written citation, including a summons to appear before a court of proper jurisdiction for disposition of the case, and the law enforcement officer issuing the citation shall request an outreach team evaluator to make an onsite evaluation of the violator.

1. The outreach team evaluator shall make a written evaluation of the person issued a citation under this section, wherein such written evaluation shall be forwarded to the accused and to the prosecutor prosecuting the violation.

2. The outreach team evaluator shall offer immediate referral and direction to an appropriate community outreach services program to each and every person issued a citation under this section.

3. In the event an outreach team evaluator is not available for any reason, the citation shall note the time of contact with the outreach team evaluator and the law enforcement officer shall include an evaluation on the citation.

b. Upon conviction for a second violation, the violator may be sentenced to perform up to 30 days of community service.

1. The prosecutor shall have discretion to consider the outreach team evaluator's report or the law enforcement officer's evaluation in determining whether to maintain charges against a violator, and the court may consider this report in determining the appropriate sentence.

2. The court should consider completion of a community outreach services program in determining the appropriate sentence.

(3) Third violation, and subsequent violations:

a. Upon a third violation, and subsequent violation, the person accused of violating this section shall be issued a written citation, including a summons to appear before a court of proper jurisdiction for disposition of the case, and the law enforcement officer issuing the citation shall request an outreach team evaluator to make an onsite evaluation of the violator.

1. The outreach team evaluator shall make a written evaluation of the person issued a citation under this section, wherein such written

2. The outreach team evaluator shall offer immediate referral and direction to an appropriate community outreach services program to each and every person issued a citation under this section.

3. In the event an outreach team evaluator is not available for any reason, the citation shall note the time of contact with the outreach team evaluator and the law enforcement officer shall include an evaluation on the citation.

b. Upon conviction for a third offense, and subsequent offenses, the violator may be sentenced to one or more of the following: direction to a community outreach services program; the performance of up to 30 days community service; a monetary fine not to exceed $1,000.00; and/or imprisonment not to exceed 30 days.

1. The prosecutor shall have discretion to consider the outreach team evaluator's



report or the law enforcement officer's evaluation in determining whether to maintain charges against a violator, and the court may consider this report in determining the appropriate sentence.

2. The court should consider completion of a community outreach services program in determining the appropriate sentence.

(4) To the extent permitted by state law, information regarding citations issued pursuant to this chapter shall only be kept in City of Atlanta files and databases.

(5) To the extent permitted by state law, records related to persons to whom a citation has been issued pursuant to this chapter shall be automatically expunged one year after the issuance of said citation.

(Ord. No. 2005-47, § 1, 8-19-05)

Title 6 - BUSINESS TAXES, LICENSES AND REGULATIONS CHAPTER 6.62 - PEDDLERS AND SOLICITORS

Las Vegas, Nevada, Code of Ordinances Page 1 of 4

CHAPTER 6.62 - PEDDLERS AND SOLICITORS [9]

(9) Cross reference— For provisions on charity solicitation, see Ch. 6.22 of this Code.

6.62.010 - Definitions.

6.62.020 - Permit and work card required.

6.62.030 - Exemptions.

6.62.040 - Permit—Not required by business license holders.

6.62.050 - Permit—Application.

6.62.060 - Permit—Action after investigation—Denial, suspension or revocation.

6.62.070 - Permit—Contents.

6.62.080 - Exhibition of permit or work card.

6.62.090 - Permit—Term.

6.62.100 - Bond.

6.62.110 - Fee.

6.62.120 - Location restrictions.

6.62.010 - Definitions.

As used in this Chapter, unless the context otherwise requires, the following terms shall have the meanings which are ascribed to them, as follows:

(A) "Agent" means any person, whether as an employee or independent contractor, authorized to represent any business regulated under this Title.

(B) "Agent solicitation permit" means a permit issued to an agent to peddle or solicit on behalf of a business.

(C) "Peddle or solicit" means to sell, offer for sale, or solicit orders for goods or services upon the streets, sidewalks, or alleys of the City, or by going from dwelling to dwelling or place to place whether by foot or by other means of transportation.

(D) "Peddler/solicitor permit" means a permit issued to a business to authorize the business to peddle or solicit.

(E) "Pedestrian mall" means any area designated by the City as a pedestrian mall pursuant to NRS 268.810 to 268.823.

(Ord. 5066 § 2 (part), 1998)

6.62.020 - Permit and work card required.

Except as otherwise provided in this Chapter:

(A) No person shall peddle or solicit in the City without first obtaining and thereafter maintaining:

(1) A valid, unexpired peddler/solicitor permit or agent solicitation permit issued pursuant to this Chapter; and

(2) A valid, unexpired work card issued pursuant to LVMC Chapter 6.86



(B) No principal of a business shall authorize or permit an agent to peddle or solicit on behalf of the business unless the agent has obtained and maintains a valid, unexpired work card and an agent solicitation permit.

(Ord. 5066 § 2 (part), 1998)

6.62.030 - Exemptions.

This Chapter does not apply to:

(A) Charitable solicitations conducted in compliance with Chapter 6.22

(B) Temporary merchants and mobile food vendors to the extent they are subject to and in compliance with, the provisions of this Title which govern those businesses.

(C) The selling, offering for sale or soliciting of orders for goods or services from licensed wholesale or retail businesses located within the City, except with regard to the provisions of LVMC 6.62.020(B).

(Ord. 5066 § 2 (part), 1998)

6.62.040 - Permit—Not required by business license holders.

The holder of a valid, unexpired City business license is not required to obtain a peddler/solicitor permit under this Chapter or pay a permit fee on behalf of its agents with respect to peddling or solicitation activities in furtherance of that business.

(Ord. 5066 § 2 (part), 1998)

6.62.050 - Permit—Application.

Any person who is required to have a permit under this Chapter must file an application with the Director and pay a nonrefundable processing fee of thirty dollars. The application must be made upon forms provided by the Department. The Department may require such information as is required of business license applicants under Chapter 6.02, as well as the following:

(A) The name and a description of the business or enterprise which the applicant proposes to engage in or represent;

(B) The dates on which the applicant desires to peddle or solicit;

(C) A description of the selling methods to be used and the nature of the products or services to be offered; and

(D) Such other information or documentation as the Department may require in order to establish the applicant's suitability and fitness for approval.

(Ord. 5066 § 2 (part), 1998)

6.62.060 - Permit—Action after investigation—Denial, suspension or revocation.

After the work card investigation for a permit under this Chapter has been completed, the Director shall approve, deny or take such other action with respect to the permit application as he considers



appropriate. The Director may deny, revoke or suspend a permit for good cause, which includes but is not limited to:

(A) The application is incomplete or contains false, misleading or fraudulent statements with respect to any information required;

(B) The applicant or permittee fails to satisfy any qualification or requirement imposed by this Code, or other local, State or Federal law or regulation pertaining to such activities;

(C) Disciplinary action has been brought against the permittee or a principal of the permittee;

(D) The applicant or permittee fails to comply with any conditions of the permit;

(E) The applicant or permittee is or has engaged in a business, trade or profession without a valid license, permit, approval for suitability or work card when he knew that one was required or under such circumstances that he reasonably should have known one was required;

(F) The applicant or permittee has been subject, in any jurisdiction to disciplinary action of any kind against a license, permit, approval for suitability or work card to the extent that such disciplinary action reflects on the qualification, acceptability or fitness to hold a permit;

(G) The applicant or permittee has committed acts which would constitute a crime involving moral turpitude; or involving any Federal, State or local law or regulation relating to the same or a similar business;

(H) When substantial information exists which tends to show that the applicant or permittee is dishonest or corrupt;

(I) The applicant or permittee has engaged in deceptive practices upon the public;

(J) The applicant or permittee suffers from a legal disability under the laws of the State.

(Ord. 5066 § 2 (part), 1998)

6.62.070 - Permit—Contents.

A permit issued under this Chapter shall include information to identify the permittee and state the specific dates on which the permittee is authorized to operate.

(Ord. 5066 § 2 (part), 1998)

6.62.080 - Exhibition of permit or work card.

Each person required to have a permit and work card under this Chapter must exhibit those documents at the request of any person.

(Ord. 5066 § 2 (part), 1998)

6.62.090 - Permit—Term.

Each peddler/solicitor permit or agent solicitation permit issued pursuant to this Chapter is limited to the time period approved by the Director and designated on the permit. The minimum time period is seven days. The maximum time period is thirty days, subject to renewal by the Director in thirty-day



increments up to a maximum of six months.

(Ord. 5066 § 2 (part), 1998)

6.62.100 - Bond.

As a condition of obtaining and maintaining a peddler/solicitor permit pursuant to this Chapter, the permittee must file with the Department and maintain a surety bond for each permit in the sum of five thousand dollars. issued by a surety acceptable to the City Attorney. The bond must be conditioned to be paid to the City or to any person suffering injury by reason of any violation of the provisions of this Code by the principal, his agents or employees. The bond shall also require the principal therein named to faithfully comply with each and every condition and restriction imposed in connection with the issuance of the permit.

(Ord. 5066 § 2 (part), 1998)

6.62.110 - Fee.

Each holder of a peddler/solicitor permit shall pay in advance a permit fee of fifty dollars per week for each peddler or solicitor, or one hundred fifty dollars per month for permits issued on a monthly or thirty-day basis.

(Ord. 5066 § 2 (part), 1998)

6.62.120 - Location restrictions.

No person engaged in peddling or soliciting shall:

(A) Have any exclusive right to any location upon the streets, sidewalks, alleys or public grounds of the City;

(B) Operate at a stationary location;

(C) Operate in any congested area where the operation might impede the public;

(D) Operate in any pedestrian mall without obtaining prior approval of the mall management; or

(E) Attempt to peddle or solicit at any dwelling where there is displayed near its entrance a sign bearing the words "No Peddlers or Solicitors" or other words of similar import, except pursuant to a prior invitation by any person residing in such dwelling.

(Ord. 5066 § 2 (part), 1998)

CODE OF ORDINANCES Chapter 36 - PUBLIC CHARITIES AND TRUSTS

ARTICLE V. - SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES

Houston, Texas, Code of Ordinances Page 1 of 9

ARTICLE V. - SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES [150]

(150) Editor's note— Ord. No. 2005-1346, § 1, adopted December 7, 2005, amended Ch. 36, Art. V in its entirety

to read as herein set out. Formerly, said article pertained to similar subject matter and derived from Ord. No. 85-497, § 1, adopted April 10, 1985.


Sec. 36-72. - Unlawful solicitation.

Sec. 36-73. - False or misleading solicitation.

Sec. 36-74. - Solicitation on public streets.

Sec. 36-75. - Charitable solicitation by municipal employees and/or agents.

Sec. 36-76. - Registration statement.

Sec. 36-77. - Registration fee.

Sec. 36-78. - Issuance of certificate of registration.

Sec. 36-79. - Form of certificate of registration.

Sec. 36-80. - Transfer of certificate of registration prohibited.

Sec. 36-81. - Expiration of certificate of registration; filing of financial statements within specified time of termination of solicitation.

Sec. 36-82. - Public disclosure.

Sec. 36-83. - Exceptions.

Sec. 36-84. - Penalties.

Sec. 36-85. - Provisions cumulative.


As used in this article, the following terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:

Adult means an individual who has attained the age of 18.

Charitable purpose means philanthropic, religious or other nonprofit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans' association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution. The term "charitable purpose" shall not be construed to include the direct benefit of the individual making the solicitation or the benefit of any political group or political organization that is subject to financial disclosure under state or federal law.

Class A refers to a certificate of registration permitting the solicitation of funds that includes among its means and methods the solicitation of occupants of vehicles on public streets.

Class B refers to a certificate of registration permitting the solicitation of funds that does not include among its means and methods the solicitation of occupants of vehicles on the public streets.

Director means the director of the department of administration and regulatory affairs of the city or any individual employed by such department that he shall designate to perform any of his functions specified in this article.

Individual means only a natural person.




Median means a dividing area, whether landscaped or paved, maintained for the purpose of separating or directing vehicular traffic.

Minor means an individual who has not attained the age of 18.

Person means and includes any natural person, firm, partnership, corporation or association.

Roadway has the meaning ascribed in section 45-2 of this Code.

Solicit funds or solicitation of funds means any request for the donation of money, property, or anything of value, or the pledge of a future donation of money, property, or anything of value; or the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications, or brochures, upon the representation, express or implied, that the proceeds of such sale will be used for a charitable purpose as such term is herein defined. Expressly excluded from the meaning of "solicit funds" or "solicitation of funds" are any offer of membership in any organization and any solicitation of funds for any purpose either by a governmental agency or political subdivision. The means of solicitation of funds covered by this definition are limited to a solicitation communicated in the physical presence of any individual or by telephone call placed and received within the corporate limits of the city.

Street has the meaning ascribed in section 45-2 of this Code.

(Ord. No. 05-1346, § 1, 12-7-05; Ord. No. 08-52, § 58, 1-16-08, eff. 1-26-08)

Sec. 36-72. - Unlawful solicitation.

It shall be unlawful within the corporate limits of the city:

(1) For any person, directly or through an agent or employee, to solicit funds unless such person has first obtained a certificate of registration from the director, as hereinafter provided.

(2) For any individual, as the agent or employee of another, to solicit funds unless his principal or employer has received a certificate of registration as hereinafter provided.

(3) For any person to solicit funds between the hours of 9:00 p.m. and 8:00 a.m.

(4) For any person, directly or through an agent or employee, to solicit funds after the expiration of any certificate of registration issued as hereinafter provided.

(5) For the person registering or the agents or employees thereof to solicit funds for a purpose other than that set out in the registration statement upon which the certificate of registration was issued.

(6) For any person who solicits funds to represent, in connection with such solicitation of funds, that the issuance of a certificate of registration by the city constitutes an endorsement or approval of the purposes, means, or methods of such solicitation of funds by the city or any department, officer or employee thereof.

(7) For any person issued a certificate of registration hereunder to fail to file any financial statement required to be filed under this article.




(8) For any person to employ, suffer or permit a minor to solicit funds.

(9) For any person to use or expose any animal to hazardous conditions to solicit funds.

(Ord. No. 05-1346, § 1, 12-7-05)

Sec. 36-73. - False or misleading solicitation.

It shall be unlawful for any person to knowingly make a false or misleading representation in the course of a solicitation of funds. False or misleading representations include, but are not limited to, the following:

(1) Stating that the solicitation of funds is being carried out on behalf of an organization that does not exist.

(2) Stating that the solicitor represents an organization when such statement is false.

(3) Exhibiting a military, medical or religious order uniform or other indication of military service or membership in a medical profession or religious order when the person soliciting funds is neither a present nor former member of the service indicated, or a member of a medical profession or religious order, unless the person is soliciting funds on behalf of the military branch, medical profession, or religious order indicated in the statement.

(4) Exhibiting an indication of physical disability or using makeup or a device to simulate any deformity or disability, when the person soliciting funds does not suffer the deformity or disability indicated.

(Ord. No. 05-1346, § 1, 12-7-05)

Sec. 36-74. - Solicitation on public streets.

(a) Solicitation in roadways. Except as provided in section 36-75, it shall be unlawful for any person to stand in a roadway to solicit funds. It shall be unlawful for a minor to stand in a roadway for any purpose, including solicitation of funds, except as permitted by the traffic laws of the state.

(b) Requirements. It shall be unlawful for any person to solicit funds pursuant to a class A certificate unless the person:

(1) Properly wears a high visibility traffic vest provided by the director pursuant to rules and regulations promulgated therefor;

(2) Conducts the solicitation of funds only within 40 feet of an intersection controlled by a traffic signal that requires all traffic to come to a full stop;

(3) Solicits funds only while located on a shoulder, improved shoulder, curb or sidewalk adjacent to the roadway, excluding any median;

(4) Does not enter the roadway to solicit or retrieve funds; and

(5) Does not obstruct traffic or create a hazard to traffic or any other person.

(c) First aid requirement. It shall be unlawful for a person to solicit funds pursuant to a class A certificate where more than four individuals are also soliciting funds simultaneously at the same location




unless a person certified by the American Heart Association or American Red Cross in cardiopulmonary resuscitation and first aid is present at the location.

(d) Location. It shall be unlawful for a person to solicit funds pursuant to a class A certificate from a location not specified in the certificate.

(e) [Authority.] The director is authorized to promulgate such rules and regulations necessary for the implementation and administration of this section.

(Ord. No. 05-1346, § 1, 12-7-05)

Sec. 36-75. - Charitable solicitation by municipal employees and/or agents.

(a) No nonprofit corporation, group, or organization may engage, suffer or permit any employee or agent of the city to engage in a solicitation of funds on its behalf that requires the issuance of a class A certificate under this article unless such certificate has been issued to the nonprofit corporation, group, or organization in compliance with this article.

(b) No employee or agent of the city shall engage in a solicitation of funds on behalf of a nonprofit corporation, group, or organization that has not received a valid class A certificate issued pursuant to this article.

(c) An employee or agent of the city engaged in the solicitation of funds on behalf of a nonprofit corporation, group, or organization may solicit funds while standing in a roadway as authorized by Section 552.0071 of the Texas Transportation Code.

(Ord. No. 05-1346, § 1, 12-7-05)

Sec. 36-76. - Registration statement.

(a) In general. Any person who seeks to solicit funds for charitable purposes within the corporate limits of the city shall file with the director a registration statement, on forms provided by the director, containing the following:

(1) The name of the person registering to solicit funds for charitable purposes.

(2) Whether the person registering is an individual, partnership, corporation or association, and:

a. If an individual, his or her business or residence address and telephone number.

b. If a partnership, the names of all partners and the principal business address and telephone number of each partner.

c. If a corporation, whether it is organized under the laws of Texas or is a foreign corporation, the mailing address, business location, telephone number, and name of the individual in charge of the Houston office of the corporation, the names of all officers and directors or trustees of the corporation, and, if a foreign corporation, the place of incorporation.

d. If an association, the association's principal business address and telephone number, if any, and the names and principal business or residence addresses and telephone numbers of all members of the association. However, if there are more than ten members, the person




registering may alternatively list the names and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is part of a multistate organization or association, the mailing address and business location of its principal headquarters shall be given, in addition to the mailing address and business location of its local office.

(3) A brief description of the charitable purpose for which the funds are to be solicited, and an explanation of the intended use of the funds toward that purpose.

(4) The names of all individuals authorized to incur expenses related to the solicitation or to disburse any proceeds of the solicitation.

(5) The name, mailing address and telephone number of each individual who will have organizational responsibility with respect to the solicitation of funds. If there are more than 20 such individuals, the person registering may alternatively list the 20 individuals with the principal organizational responsibility with respect to the solicitation of funds.

(6) The time period within which the solicitation of funds is to be made, giving the date of the beginning of solicitation and its projected conclusion.

(7) A description of the means and methods by which the solicitation of funds is to be accomplished, including whether such means and methods will include any solicitation of occupants of vehicles on public streets.

(8) The total amount of funds proposed to be raised.

(9) A projected schedule of salaries, wages, fees, commissions, expenses and costs that the person registering reasonably believes will be expended and paid in connection with the solicitation of funds or in connection with their disbursement, and an estimated percentage of the total projected collections which the costs of solicitation will comprise. These figures shall cover the entire time period during which the solicitation is to be made.

(10) The names of any cities outside of Harris County, Texas, in which the person registering has solicited funds for charitable purposes within the past five years, but in the event that the person registering has solicited funds for charitable purposes in more than five other cities, the person registering may list the five most populated cities in which it has solicited funds during the previous five years.

(11) A statement to the effect that if a certificate of registration is granted, such certificate will not be used as or represented to be an endorsement by the city or any of its officers or employees.

(12) As to each, if any, officer, director, trustee, partner, or any current agent or employee engaging in the solicitation of funds who within the past seven years has been convicted of (or been incarcerated for any conviction of) a felony or a misdemeanor involving moral turpitude, the name of the individual, the nature of the offense, the name of the state where the conviction occurred, and the year of the conviction.

(13) An explanation of the reasons, if the person registering is unable to provide any of the foregoing information, why such information is not available.

(14) The signature of an individual on behalf of the person registering. If the person registering is an individual, this is the applicant. If the person registering is a partnership, this is the partner




charged with disbursing the funds solicited. If the person registering is a corporation or an association, this is its officer charged with disbursing the funds solicited. The individual signing the registration statement shall sign the statement and swear before an officer authorized to administer oaths that he or she has carefully read the registration statement and that all the information contained therein is true and correct.

(b) Class A certificate; additional requirements. Each registration statement for a class A certificate shall include the following additional information:

(1) Each location at which solicitation of funds is to occur; and

(2) The number of persons to be involved in solicitation of funds at each location.

(c) Class A certificate; use of city employee or agent; additional requirements. If the proposed solicitation is to include the use of any employee or agent of the city as provided in section 36-75 of this Code, the applicant shall also provide, in a form acceptable to the city attorney, proof of a current policy of commercial general liability insurance providing coverage against claims against the applicant and the city in the amount of at least $1,000,000.00 for any damages that may arise from the solicitation.

(Ord. No. 05-1346, § 1, 12-7-05)

Sec. 36-77. - Registration fee.

Every registration statement shall be accompanied by a registration fee of $20.00 to compensate the city for the cost of administering this article provided that no fee shall be charged to a nonprofit corporation, group, or organization that uses only employees or agents of the city to solicit funds pursuant to a class A certificate issued under this article. Such fee will be nonrefundable, irrespective of whether a certificate of registration is issued.

(Ord. No. 05-1346, § 1, 12-7-05; Ord. No. 2010-1016, § 2, 12-15-2010)

Sec. 36-78. - Issuance of certificate of registration.

(a) Class A. A registration statement for a class A certificate shall be filed not later than the eleventh day before the date the solicitation of funds is to begin. Within five working days of the receipt of the registration statement, the director shall either issue a certificate of registration, as provided in section 36-79, or notify the person registering that the registration statement does not comply with the requirements of section 36-76, and specifically point out what information or explanation has not been furnished that is required before a certificate of registration can be issued.

(b) Class B. Within ten working days of the receipt of a class B registration statement, the director shall either issue a certificate of registration, as provided in section 36-79, or notify the person registering that the registration statement does not comply with the requirements of section 36-76, and specifically point out what information or explanation has not been furnished that is required before a certificate of registration can be issued.

(Ord. No. 05-1346, § 1, 12-7-05)

Sec. 36-79. - Form of certificate of registration.

(a) The director shall prescribe the form of each certificate of registration, each of which shall be printed in black except that the following shall be printed prominently thereon in red: "The issuance of




this certificate of registration is not an endorsement by the City of Houston or any of its departments, officers or employees." Each certificate of registration shall specify the period of its validity as determined pursuant to section 36-81 and shall also bear a registration number, and the same number shall be assigned by the director to the file containing the registration statement filed by the registrant.

(b) In addition to the foregoing requirements, each class A certificate shall specify each location at which funds may be solicited.

(Ord. No. 05-1346, § 1, 12-7-05)

Sec. 36-80. - Transfer of certificate of registration prohibited.

A certificate of registration issued under the provisions of this article shall not be transferable, and the authority a certificate confers shall be conferred only on the holder named therein. The certificate of registration shall have endorsed thereon in red letters the words "NOT TRANSFERABLE."

(Ord. No. 05-1346, § 1, 12-7-05)

Sec. 36-81. - Expiration of certificate of registration; filing of financial statements within specified time of termination of solicitation.

(a) Each certification of registration issued by the director shall expire according to the following schedule:

(1) A Class A certificate of registration shall expire not later than 30 days from the date of issuance, or upon the termination of the solicitation period specified, whichever is less.

(2) A Class B certificate of registration shall expire not later than one year from the date of issuance, or upon the termination of the solicitation period specified, whichever is less.

(b) Not later than 120 days after the expiration of its certificate of registration, each person who registered shall file a closing statement with the director. Except as provided to the contrary in this section, the closing statement shall be a financial statement that is either:

(1) On a form provided by the director for this purpose and sworn to by the individual who would be the appropriate individual to sign a registration statement on behalf of the person who registered; or

(2) Audited by a certified public accountant.

The closing statement shall indicate the total funds collected or pledged from the solicitation of funds, the purpose or purposes (with the amount of funds for each purpose) for which such funds have been or will be disbursed by the person registering, any incurred but unpaid expenses resulting from the solicitation of funds, all other anticipated disbursements of collected or pledged funds, the actual or projected date of each disbursement, and, if funds have been or will be kept by the person registering for over 30 days before disbursement, the name of the financial institution, if any, with which such funds have been or will be deposited. The requirement to show the total funds represented by any food that has been collected or pledged may be satisfied either by estimating the monetary value of the food to the nearest multiple of $100.00 or by providing the weight of the food in the manner required by the director.

(c) Each person registering shall file a preliminary closing statement no later than 30 days from the




expiration of its certificate of registration. The preliminary closing statement shall be filed with the director on forms provided for this purpose. It shall be a financial statement containing the same information as listed on the preceding paragraph of this section, except that it need not be sworn to or audited by a certified public accountant and that any amounts stated thereon may be estimated based upon whatever information is reasonably available to the person registering at the time the preliminary closing statement is filed.

(d) Any requirement in this section to submit a financial statement may alternatively be satisfied by the submission of an information return covering the entire time period during which the solicitation of funds was conducted and actually filed with the United States Internal Revenue Service to fulfill federal requirements for submission of information returns for persons exempt from taxes in accordance with 26 U.S.C.A. § 501 or any successor provision.

(Ord. No. 05-1346, § 1, 12-7-05)

Sec. 36-82. - Public disclosure.

All registration statements and closing statements filed with the director, whether or not a certificate of registration has been issued, shall be public records and shall be available for inspection by members of the public during the director's regular business hours. Copies may be obtained at the fees prescribed by law for copies of city records.

(Ord. No. 05-1346, § 1, 12-7-05)

Sec. 36-83. - Exceptions.

The following are excepted from the operation of sections 36-71 through 36-81:

(1) The solicitation of funds for charitable purposes by any organization or association from its members;

(2) The solicitation of funds for charitable purposes by a person when such solicitation occurs on premises owned or controlled by the person soliciting funds or with the permission of the person who owns or controls the premises; and

(3) The issuance of any announcement or advertisement which states that a solicitation as described in subsections (1) and (2) above will occur or which announces or advertises an event at which unannounced solicitation as described in subsections (1) and (2) above occurs.

(Ord. No. 05-1346, § 1, 12-7-05)

Sec. 36-84. - Penalties.

Violation of any applicable provision of this article shall be punished as provided by section 1-6 of this Code. Each day that any violation continues shall constitute a separate offense. However, an offense under any provision of this article which also constitutes an offense pursuant to state law shall be punishable in accordance with the applicable state law.

(Ord. No. 05-1346, § 1, 12-7-05)




Sec. 36-85. - Provisions cumulative.

The provisions of this article are cumulative of any other valid and applicable laws, rules or regulations governing the solicitation of funds or any activity which may be associated therewith. Compliance with this article shall not be deemed to excuse compliance with any other valid and applicable laws, rules or regulations governing the solicitation of funds or any activity which may be associated therewith.

(Ord. No. 05-1346, § 1, 12-7-05)

CODE OF ORDINANCES Chapter 40 - STREETS AND SIDEWALKS

ARTICLE XVI. - SITTING AND LYING UPON PUBLIC SIDEWALKS




Sec. 40-352. - Sitting and lying down on sidewalks.

Sec. 40-353. - Creation of designated areas.

Secs. 40-354—40-360. - Reserved.


As used in this article, the following words, terms, and phrases shall have the meanings ascribed to them in this section, unless the context of their use clearly indicates another meaning:

Central Business District means the area beginning at the intersection of the centerline of U.S. 59 and the centerline of I.H. 45; thence in a northwesterly and northerly direction along the centerline of I.H. 45 to its intersection with the centerline of I.H. 10; thence in an easterly direction along the centerline of I.H. 10 to its intersection with the centerline of U.S. 59; thence in a southwesterly direction along the centerline of U.S. 59 to its intersection with I.H. 45, the point of beginning.

Designated area means the following areas finally approved and designated by the city council under section 40-353 of this Code:

(1) The Central Business District.

(2) Midtown Area: The area described in Exhibit A to Ordinance No. 2004-825, a copy of which is on file in the office of the city secretary.

(3) Old Sixth Ward Area: The area described in Exhibit A to Ordinance No. 2006-922, a copy of which is on file in the office of the city secretary.

(4) Avondale Area: The area described in Exhibit A to Ordinance No. 2006-923, a copy of which is on file in the office of the city secretary.

(5) Greater Hyde Park Area: The area described in Exhibit A to Ordinance No. 2006-924, a copy of which is on file in the office of the city secretary.

(6) East Downtown Management District Area: The area described in Exhibit A to Ordinance No. 2011-696, a copy of which is on file in the office of the city secretary.

Sidewalk means that portion of the public street that is between the curblines, or the lateral lines of a roadway, and the adjacent property lines and is improved and designed for or is ordinarily used for pedestrian travel.

(Ord. No. 02-504, § 4, 6-12-02; Ord. No. 04-825, § 4, 8-3-04; Ord. No. 06-922, § 4, 9-6-06; Ord. No. 06-923, § 4, 9-6-06; Ord. No. 06-924, § 4, 9-6-06; Ord. No. 2011-696, §§ 3, 4, 8-10-2011)

Sec. 40-352. - Sitting and lying down on sidewalks.

(a) It shall be unlawful for any person to sit or lie down on a sidewalk or on a blanket, stool, or any other object placed upon a sidewalk between the hours of 7:00 a.m. and 11:00 p.m. in a designated area.




(b) It shall be unlawful for any person to place or deposit any item of bedding materials or personal possessions, including but not limited to any blanket, bag, package, or container of personal possessions on a sidewalk between the hours of 7:00 a.m. and 11:00 p.m. in a designated area.

(c) It is an affirmative defense to any prosecution under subsection (a) or (b) of this section that the person is:

(1) Sitting or lying down on a sidewalk because of a medical emergency;

(2) As the result of a disability, utilizing a wheelchair, walker, or similar device to move about the sidewalk;

(3) Operating or patronizing a commercial establishment or service or governmental function conducted on the sidewalk pursuant to a permit or authorization issued under this Code or under the laws of this state;

(4) Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event lawfully conducted on the public street or a sidewalk;

(5) Sitting on a chair or bench located on the sidewalk that is supplied by a governmental agency or the abutting private property owner; or

(6) Sitting or has placed materials on a sidewalk while waiting for public or private transportation or waiting for access to enter any building.

(d) Prior to taking any action to enforce the provisions of this article, any law enforcement officer observing a violation of this article shall first notify the person engaged in the prohibited conduct that he or she is in violation of this article. It is an affirmative defense to a prosecution under this article that any person so notified promptly ceased, within a time reasonable under the circumstances, to engage in the prohibited conduct following such notification.

(Ord. No. 02-504, § 4, 6-12-02)

Sec. 40-353. - Creation of designated areas.

(a) This section shall govern the creation of a designated area within the city other than the central business district.

(b) Residents of the city may petition the city council to designate any area within the city as a designated area under this article.

(c) Any such petition must meet the following requirements to be considered by the city council:

(1) Describe the proposed area by street boundaries;

(2) Contain the signatures of property owners whose property represents 20 percent of the total area to be designated;

(3) Contain the signatures of at least 100 citizens residing within the proposed area, each of whom was above the age of 18 years old when signing the petition;

(4) Indicate that the signatures thereon were collected within a 60-calendar-day period; and




(5) Indicate that the signatories thereon desire the area to be designated as an area subject to this article.

(d) Any such petition must be submitted to the city secretary within 90 calendar days of the date of the first signature thereon.

(e) Following the filing of any such petition with the city secretary, the city council shall, within 45 days of the date of filing, conduct a public hearing to consider the merits of the petition.

(f) The city secretary shall give notice as to the filing of any such petition and the date, time,and place of the city council hearing by posting same at least 14 days in advance of such hearing at a place convenient to the public at the City Hall. Any interested person shall have the opportunity to participate in any hearing conducted under the provisions of this section and to present any relevant evidence and testimony.

(g) The chief of police shall be requested to cause the proposed area to be investigated with regard to the existence of conduct in the proposed area that would be violative of this article if the proposed area were to be designated, along with any incidents of criminal misconduct in the proposed area, and to report the results of such investigation to the city council at or prior to the public hearing.

(h) Following such hearing and upon review of the report of the chief of police, the city council shall establish the designated area as requested if it determines that:

(1) The petition complies with the requirements of this section;

(2) The proposed area exhibits the kinds of conduct and adverse impact on use of the sidewalks and adverse impact on adjacent properties that this article was intended to address; and

(3) Designation of the proposed area would best serve the health, safety, and welfare of the public.

(i) This section shall not be construed to limit the authority of city council consistent with the provisions of this section to designate other areas without a public petition; provided, that the city council receives evidence, substantiated by the police department, that a particular area within the city exhibits a significant incidence of the kinds of conduct addressed by this article and makes the findings required under subsection (h)(2) and (h)(3) of this section.

(Ord. No. 02-504, § 4, 6-12-02)

Secs. 40-354—40-360. - Reserved.

article i. - in general [64]

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