HomeMy WebLinkAboutORD 04-091 ORDINANCE NO. 04-091
ENTITLED AN ORDINANCE AMENDING CHAPTER 18 OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
TO ADD A NEW ARTICLE VII REGULATING SOLICITATION IN
AND ALONGSIDE STREETS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING
A PENALTY.
Section 1.
WHEREAS, §552.057, Transportation Code of the state of Texas presently make it
unlawful fora person to stand in a roadway to engage in a charitable solicitation activity; and,
WHEREAS, such statute allows for municipal regulation of such solicitation; and,
WHEREAS,the council desires to allow charitable solicitation within the streets of the
City under certain conditions and prohibit sales of goods or services in or alongside streets
within public rights of way.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY OF BEAUMONT
THAT Chapter 18 of the Code of Ordinances of the City of Beaumont be and the same is
hereby amended to add a new Article VII to read as follows:
ARTICLE VII. SOLICITING IN AND ALONGSIDE THE STREET
Sec.18-32. Definitions.
For purpose of this section, the following terms have the meaning stated here:
"charitable organization," or"organization" means an entity that the United States Internal
Revenue Service recognizes to be a charitable organization or a church. "Contribution"
means currency, coin, or check. "Location" means the approaches to an intersection
equipped with a traffic control signal light and within one-hundred feet of such an intersection
that has been approved by the Public Works Director or his designee.
Sec.18-33.
No person shall stand in or alongside a street or highway within the public right of way
and sell or attempt to sell any goods or services or solicit, or attempt to solicit, employment,
business or contributions from the occupant of any vehicle.
The prohibition, however, does not apply to a person soliciting contributions for
charitable organizations which have been issued a permit under this Article and who are in
compliance with other provisions of this Article.
Sec. 18-34.
In order to solicit contributions while standing in or alongside a street or highway within
the public right-of-way,a charitable organization must comply with the following requirements:
(a) Not less than thirty (30) days prior to the date desired for soliciting, submit a
complete application to the City Police Chief or designee for a permit. The
Police Department shall create a form and review procedure for this purpose.
The form shall require the name of the charitable organization,a point of contact
for the organization (meaning the name and phone number of the individual
seeking the permit for the organization); the desired date(s) and specific
location(s)for soliciting; the name, address, phone number and age of each
individual who may solicit contributions on behalf of the organization and, an
agreement of the organization indemnifying the city and holding it harmless from
any and all claims, suits, demands, damages, and attorney fees arising out of
or related to the acts or omissions of persons soliciting for the organization.
The form may require further information that is reasonably necessary to the
direct enforcement of this section and the purposes of this article.
(b) At the time of submitting a completed application, the organization shall also
submit the following items and failure to do so renders the application
incomplete:
(1) Fee payment in the sum of two-hundred ($200) dollars (cash or money
order only)to defray the City's costs of both processing the application and
advertising, and compliance monitoring on the Street. This fee is non-
refundable, unless the permit is denied.
(2) Provide written proof of liability insurance in the minimum amounts of Two-
hundred fifty-thousand ($250,000) Dollars for personal injury or death to
any one (1) person, and Five-hundred Thousand ($500,000) Dollars per
occurrence of death or personal injury, and One-hundred Thousand
($100,000)Dollars per occurrence of property damage or destruction. The
City must be an additional named insured on the policy and specify that
such insurance is primary. The insurance policy must be issued by a
company authorized to do business in Texas and have an effective date
that covers the date(s) of street soliciting.
(3) Provide written proof that the organization is a charitable organization,
along with a copy of the organization's charter(or if a foreign organization,
then a copy of its certificate of authority to do business in Texas).
(c) No more than three (3) permits per calendar year may be issued to an
organization. For purposes of this subsection, local chapters of a state,
national or international organization are deemed separate organizations, but
committees or other subdivisions of an organization are not so deemed.
(d) A permit shall authorize street soliciting only for three(3)consecutive calendar
days, between the period of 9:00 a.m. and one (1) hour prior to sunset, at the
approved locations(s) specified in the permit.
(e) The Police Chief or designee shall not issue an organization a permit for a
given date(s) or location(s) if a permit has already been issued to another
organization for such date(s) and location(s).
(f) The Police Chief or designee shall grant a permit if the organization provides
the information and documents, and meets the requirements stated in the
above subsections(a)through(e)inclusive. The Police Chief or designee shall
advise the organization's point of contact of the decision to grant or deny the
permit, not later than the tenth day after the date of receiving the application fee
and all required information.
(g) Permits may only be issued for street segments and intersections approved by
the Public Works Director. A list of approved locations may be obtained from
the Police Department.
Sec. 18-35.
If a permit is granted, it shall state the name of the organization,the names of persons
who will be soliciting contributions for the organization and, the approved date(s) and
location(s). The organization shall at its expense make sufficient copies of the permit to have
a copy with each solicitor at each approved location and, shall readily present such copy for
inspection upon demand by any person.
Sec. 18-36.
It is an offense for a person to solicit or attempt to solicit contributions,for a charitable
organization that is issued a permit and fail to:
(a) Be at least eighteen (18) years of age; or,
(b) Be named on the organization's permit; or,
(c) Wear a reflective orange or yellow visibility vest as the outer-most garment; or,
(d) Be in the street or highway only when the controlling traffic signal light prohibits
vehicle movement in that lane; or,
(e) Place an orange traffic control cone, not less than twenty-four (24) inches in
height,on the center stripe of each street and highway approaching the intersection, at least
one-hundred(100)to one-hundred and fifty(150)feet from the intersection,to warn drivers of
a hazard ahead; or,
(f) Present for inspection a copy of the permit upon demand by any person.
(g) Place a sign or signs at the intersection which complies with the requirements
of Exhibit A. and the Texas Manual on Uniform Traffic Control Devices.
Sec. 18-37.
It is an offense for any person to obstruct,tamperwith, alter, cover,or post any object
on or to a traffic control device. Traffic control device includes but is not limited to: median
markers, reflectors, signal control boxes, regulatory signs, directional signs,warning signs,
and pedestrian walk lights.
Sec. 18-38.
Any peace officer observing any violation of any requirement or prohibition of this
section is authorized to issue a citation for the person to appear in municipal court to answer
the charge. Upon issuance of the citation, such person shall immediately cease soliciting or
attempting to solicit any charitable contribution under that organization's permit. However, it
is not the intent of this provision to bar such person from participating in future charitable
solicitations approved under th provisions of this article.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason be
held to be invalid, such invalidity shall not affect the remaining portions of this ordinance,and
to such end the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City
of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2004. NWA Oiyl.���y
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iMyorEvelyn M. Lor -
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