HomeMy WebLinkAboutO-1999-1356-B
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ORDINANCE NO.
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AN ORDINANCE AMENDING CHAPTER 22, ARTICLE V, "PEDDLERS, SOLICITORS
AND CANVASSERS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE
NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH VIOLATION;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Section 22-286, "Definitions", of the Code of Ordinances of the City of
La Porte is hereby amended, to add to said Definitions the following:
"Charitable Solicitation or Solicitor means the solicitation of money or
property for the benefit of any charitable, religious, patriotic, civic, fraternal
or social organization, or educational institution, or other philanthropic or
non-profit organization, but not including public safety organizations or
departments of the City of La Porte."
Section 2. If any provision, section, subsection, sentence, clause, or phrase of
this ordinance, or the application of same to any person or set of circumstances is for any
reason held to be unconstitutional, void or invalid, the validity of the remaining portions of
this ordinance or their application to other persons or sets of circumstances shall not be
affected thereby, it being the intent of the City Council in adopting this ordinance that no
portion hereof or provision or regulation 90ntained herein shall become inoperative or fail
by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and
all provisions of this ordinance are declared to be severable for that purpose.
Section 3. Any person who violates a provision of this ordinance, upon conviction
in the municipal court of the City of La Porte, shall be subject to a fine not to exceed five
hundred dollars ($500.00) for each offense.
Section 4. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
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time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 5. This Ordinance shall be effective from and after its passage and
approval, and publication of its caption as provided by law.
PASSED AND APPROVED, thisd:!:!!aay of
By:
,2004.
ATTEST:
L1..f/JjttI)~. {}. ~~
Martha A. Gillett
City Secretary
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REQUEST FOR CITY COUNCIL AGENDA ITEM
OS/24/04
Agenda Date Requested:
Aoorooriation
Requested By:
Source of Funds:
N/A
Department:
Poli~e
Account Number:
Report:
Resolution:
Ordinance: xx
Amount Budgeted:
Amount Requested:
Amended Ordinance - Solicitors
Exhibits:
Budgeted Item: YES NO xx
Exhibits:
SUMMARY & RECOMMENDATION
In the April 26, 2004 the Council requested that staff review the Solicitor's Ordinance, Chapter 22,
Article V, regarding allowing Public Service Agencies to solicit in the roadways.
In 1999 the current ordinance, 99-1356-A, was submitted with two specific exceptions incorporated in the
ordinance. The first exception was in the definition of CharitabLe Solicitation or Solicitor, section 22-286,
which provided for "...not including public safety organizations or departments of the City of La Porte."
The second exception was in Section 22-287 that ".. .provided, however, a charitable solicitor may
display hand held signs and solicit charitable contributions while standing behind the curb lines off a
roadway or the curb lines of a median." After discussion the Council elected to delete both of these
exceptions from the ordinance and approved the amended ordinance that is currently in effect.
This amended ordinance will add to Section 22-286 Defmitions, Charitable Solicitation or Solicitor, the
exception originally deleted from the ordinance approved in November 1999. This would in effect
exempt public safety organizations and divisions of the City of La Porte from the restrictions placed on
Charitable Solicitors and Direct Sellers.
Action Required bv Council:
Approve the amendment to Chapter 22, Article V. Peddlers, Solicitors and Canvassers.
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