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HomeMy WebLinkAboutO-1999-1356-A . . ORDINANCE NO. 99-135"C,.A 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." section 2. section 22-287, subparagraph (b), of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "(b) No charitable solicitor or direct seller shall utilize City or State rights-of-ways, including highways, streets, alleys, or sidewalks, whether or not improved and open to traffic, to conduct charitable solicitations or direct sales. No charitable solicitor or direct seller shall impede the free use of sidewalks and streets by pedestrians and vehicles." section 3. Section 22-287, subparagraph (e), of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "(e) No charitable solicitor or direct seller shall stand in a roadway for the purpose of soliciting a ride, contribution, employment or business from the occupant of any vehicle." section 4. section 22-287, subparagraph (h), of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: CJ'-1~5"-..t . e "(h) No persons shall engage in solicitation upon any residential or business premises without a prior invitation from the occupant thereof, if such premises is posted against such solicitation by means of a notice prominently displayed, upon which is printed the legend: "no solicitors" (or words of similar import). For purposes of this subsection, such premises shall be deemed to be posted against solicitation if there is exhibited, on or near the main entrance to the premises, a sign at least three inches by four inches in size which bears the above legend in letters at least one-third-inch in length." section s. Chapter 22, Article V, "PEDDLERS, SOLICITORS AND CANVASSERS", of the Code of Ordinances of the City of La Porte is hereby amended, by adding thereto a new section 22-319, which shall read as follows, to-wit: "section 22-319. Charitable Solicitor Registration. Charitable solicitors shall register with the City Secretary, providing information as to dates and places of planned charitable solicitation; name, address, and telephone number of a contact person for the organization; and such other information as may be required by the City Secretary. No fee shall be charged for charitable solicitation registration." section 6. 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 contained 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. 2 qCH'!.S(,,-A . . section 7 . 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 8. 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 ci ty for the 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 9. This Ordinance shall be effective from and after its passage and approval, and publication of its caption as provided by law. PASSED AND APPROVED, this ~ day of /JI)JEM6e{ ,1999. ATTEST: A~a;; Knox w. Askins City Attorney 3 .' .:" .'~.;~~. .. . . ,.',.:':~;;J"'.. La ~~~;; J;;.at2;;S71 The B~:~\:".H8re S n . "-."" . U ~.~;':"'.:;'.;-il~'f.'li.'''.'' 'Voice O/'ThclBtifJshore'Since 1947' .~~,~. ;.,'" ~......;)'..' .' i~1-iJJry. 146. Suite 180 P.O. Box 1414 County of Harris State of Texas lEGAL NOTICE ORDINANCE 99.1356.A AN ORDINANCE AMEND. ING CHAPTER 22, ARTI. ClE V, "PEDDLERS, SO- llCITORI AND CAN. ~R ", OF THE OR. C S OF TH~ITV , ,. RTE; PR VID- I '",. S~A ITV CLAUSEt. "Pt,iOYI.NG FOR A pENA~ A FINE NOT TO EXC.EED FIVE 'HUNDRED DOL. LARS ($500.00) FOR EACH VIOLATION; FIND- 21, 1 999 ING COMPLIANCE WITH THE OPEN MEETING lAW; AND PROVIDING AN EFFECTIVE DATE ~/J~ ~~ HE:~~~FLAPORTE (~yt-J s/Nortnan Malone Mayor ATTEST: Karolyn Kellogg s/Martha A. Gillett . . City Secretary Authorlzed Representatlve Before me; the undersigned authority, on this date .came and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun, a s6'1i-\"eekly newspapers published and generally distributed in the City of La. Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun dated November Sworn and subscribed before me this 13 -rl-l day of ~ , 1999. ~~. tS..-~ Sandra E. Bumgarner Notary Public Harris County, Texas APPROVED: s/KnolC W. Askins City Attomey .T200..it~y. ]46 Suile ]80 P.O. Box 1414 : '.~ .~~~ I, . '. .~:':\,.. . The B~~.61Ire ~~.; ..;....;.' ." '0;.'." 'Voice Of.The~Iiay~hore'.Since 1947' ':"":;;.'4",:::{!t... ~.'..' ," County of Harris State of Texas J Before me, the undersigned authority, on this date ,came and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun, a S6'T\i-\-leekly newspapers published and generally distributed in the City of La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was publishoo in The Bayshore Sun dated November 1 7, 1 999 La Porte, Texas 77571 (713) 471-1234 Sun L~:GAL NOTICE ORDINANCE 99-1356-A AN ORDIN ~~G C~~~:E LI :r S VA E . g~ ,,:;,cpg' E;, Po OV _ ING A S V~BILI CLAUSE;~P VIDIN. FOR A PENAL OF FINE NOT TO E CEED FIVE HUNDRED DOL- LARS ($500.00) FOR EACH VIOLATION; FIND- ING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. CITY OF LA PORTE s1Nonnan Malone Mayor ~ ATIBIT , / ~ ...""'" A. GlUett , G .. ' City Secretary APPROVED: Karolyn Kellogg s1Knox W. Askins City Attomey Authorized Representative S\.lOrn and subscribed before me this 1:3. ..,.11 day of ~ ' 1999. ~J.L~ Sandra E. Bumgarner Notary Public Harris County, Texas . . LEGAL NOTICE ORDINANCE 99-1356-A 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 PENAL TV OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH VIOLATION; FINDING COMPLIANCE WIlli THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DAlE HEREOF. CITY OF LA PORTE s/Norman Malone Mayor ATTEST: slMartha A. Gillett City Secretary APPROVED: s/Knox W. Askins, City Attorney . CITY OF LA POR~ October 22, 1999 TO: Mayor and City Council FROM: Ro~-tffera, City Manager Solicitors Ordinance SUBJECT: Enclosed please find a revised draft of the solicitors ordinance discussed at the City Council Workshop Meeting on September 27, 1999. I plan on placing this back on the Council Agenda at the November 8, 1999 meeting unless I hear from you with any changes or concerns. If you have any questions, feel free to give me a call. . RTH/mg Enclosure