HomeMy WebLinkAboutO-1999-1356-A
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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
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"(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.
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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
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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
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The B~~.61Ire
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'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
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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