Ordinance 2022-35 ORDINANCE NO. 2022-35
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,
AMENDING WYLIE'S CODE OF ORDINANCES,ORDINANCE NO.2021-17,AS
AMENDED, CHAPTER 82 (PEDDLERS AND SOLICITORS), BY REPEALING
OR AMENDING SECTIONS 82-1 DEFINITIONS, BY REPEALING OR
AMENDING 82-2 (UNLAWFUL SOLICITATION AND HANDBILL
DISTRIBUTION),82-3(SUPERVISION OF CHILD SOLICITORS),82-4(PERMIT
OR CERTIFICATE OF REGISTRATION—GROUNDS FOR DENIAL OR
REVOCATION), 82-5 (SAME—APPEAL FROM DENIAL OR REVOCATION),
82-31 (EXCEPTIONS TO ARTICLE),82-32(REGISTRATION STATEMENT),82-
33 (REGISTRATION FEE), 82-34 (CERTIFICATE OF REGISTRATION
ISSUANCE, DURATION AND FORM), 82-35 (SOLICITOR'S
IDENTIFICATION), 82-36 (PUBLIC DISCLOSURE), 82-7 (EXHIBITING CARD
PROHIBITING SOLICITORS AND HANDBILL DISTRIBUTORS), 82-71
(EXCEPTIONS TO ARTICLE), 82-72 (APPLICATION FOR PERMIT), 82-73
(PERMIT FEE), 82-74 (EXEMPTIONS FROM PERMIT FEE), 82-75 (PERMIT
ISSUANCE, DURATION AND FORM), 82-76 (SOLICITOR'S AND HANDBILL
DISTRIBUTOR'S INFORMATION), AND 82-77 (PUBLIC DISCLOSURE);
PROVIDING A SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE,
PENALTY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and
determined that it would be advantageous and beneficial to the citizens of the City of Wylie,Texas("Wylie"
or "City") to amend Chapter 82 (Peddlers and Solicitors), by repealing or amending Sections 82-1
(Definitions), 82-2 (Unlawful Solicitation and Handbill Distribution), 82-3 (Supervision of Child
Solicitors), 82-4 (Permit or Certificate of Registration—Grounds for Denial or Revocation), 82-5 (Same-
Appeal from Denial or Revocation), 82-31 (Exceptions to Article), 82-32 (Registration Statement), 82-33
(Registration Fee), 82-34 (Certificate of Registration Issuance, Duration and Form), 82-35 (Solicitor's
Identification), 82-36 (Public Disclosure), 82-7 (Exhibiting card Prohibiting Solicitors and Handbill
Distributors), 82-71 (Exceptions to Article), 82-72 (Application for Permit), 82-73 (Permit Fee), 82-74
(Exemptions from Permit Fee), 82-75 (Permit Issuance, Duration and Form), 82-76 (Solicitor's and
Handbill Distributor's Information), and 82-77 (Public Disclosure) of Wylie's Code of Ordinances,
Ordinance No. 2021-17, as amended("Code of Ordinances"), as set forth below; and
WHEREAS, the City Council has further investigated and determined that recent changes in
relevant law justify amending the Code of Ordinances as set forth below to,among other things,ensure that
certain procedures in Chapter 82 (Peddlers and Solicitors) of the Code of Ordinances do not conflict, nor
are inconsistent, with applicable law; and
WHEREAS,the City Council has further investigated and determined that in order to promote the
public health, safety and welfare of Wylie and its citizens, it is in the best interest of Wylie and its citizens
to amend the Code of Ordinances, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
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SECTION 2: Amendment to the Code of Ordinances, Chapter 82 (Peddlers and Solicitors),
Sections 82-1 (Definitions) 82-2 (Unlawful Solicitation and Handbill Distribution), 82-3 (Supervision of
Child Solicitors), 82-4 (Permit or Certificate of Registration—Grounds for Denial or Revocation), 82-5
(Same-Appeal from Denial or Revocation), 82-31 (Exceptions to Article), 82-32 (Registration Statement),
82-33 (Registration Fee), 82-34 (Certificate of Registration Issuance, Duration and Form), 82-35
(Solicitor's Identification),82-36(Public Disclosure),82-71 (Exceptions to Article), 82-72(Application for
Permit), 82-73 (Permit Fee), 82-74 (Exemptions from Permit Fee), 82-75 (Permit Issuance, Duration and
Form),82-76(Solicitor's and Handbill Distributor's Information),and 82-77(Public Disclosure).The Code
of Ordinances, Chapter 82 (Peddlers and Solicitors), Sections 82-2 (Unlawful Solicitation and Handbill
Distribution), 82-3 (Supervision of Child Solicitors), 82-4(Permit or Certificate of Registration—Grounds
for Denial or Revocation),82-5(Same-Appeal from Denial or Revocation),82-32(Registration Statement),
82-31 (Exceptions to Article), 82-33 (Registration Fee), 82-34 (Certificate of Registration Issuance,
Duration and Form), 82-35 (Solicitor's Identification), 82-36 (Public Disclosure), 82-7 (Exhibiting Card
Prohibiting Solicitors and Handbill Distributors), 82-71 (Exceptions to Article), 82-72 (Application for
Permit), 82-73 (Permit Fee), 82-74 (Exemptions from Permit Fee), 82-75 (Permit Issuance, Duration and
Form),82-76(Solicitors' and Handbill Distributor's Information),and 82-77(Public Disclosure)are hereby
amended as follows:
"CHAPTER 82—PEDDLERS AND SOLICITORS
Sec.82-1 Definitions.
(a) The following words or phrases,when used in this chapter,shall have the meaning ascribed
to them by this section.
Automated teller facility means the area comprised of one or more automatic teller
machines, and any adjacent space that is made available to banking customers.
Business day means any day except Saturday, Sunday or any local, state or national
holiday.
City of Wylie or City means the City of Wylie,Texas.
City Manager means the City Manager of the City of Wylie, Texas,or his/her Designee.
Handbill means and includes any printed or written matter, any sample or devise, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced
original copies of any matter or literature.
Public area means an outdoor area to which the public has access and includes,but is not
limited to,a sidewalk, street, highway, park, parking lot, alleyway, pedestrian way, or the
common area of a school, hospital, apartment house, office building, transport facility or
shop.
Solicitation means to request, by spoken, written, or printed word, or by other means of
communication an immediate donation or transfer of money or another thing of value from
another person, regardless of the solicitor's purpose or intended use of the money or other
thing of value, and regardless of whether consideration is offered.
j
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Street means the portion of the street that is paved,designated or used for vehicular traffic,
and all areas dedicated to public use for public street purposes,to include parkways,alleys,
and sidewalks.
Traffic island means a barrier within a street or roadway to exclude vehicles, designated
for the purpose of separating or directing streams of vehicular traffic.
(b) All terminology used in this chapter not specifically defined above,shall retain its meaning
in conformance with applicable publications of the American National Standards Institute
(ANSI)or its successor body and/or the latest volume of Webster's Collegiate Dictionary.
Sec.82-2.—Unlawful solicitation and handbill distribution.
(a) No person shall peddle, solicit,distribute handbills, hawk, sell or take orders for or offer to
take orders for any item or service at a private residence in the city after sunset on any day
until 9:00 a.m. unless the transaction is the result of a request made to such person by the
occupant of such private residence. The term"sunset"means the time of day identified by
the National Weather Service as the time for sunset for that day for the city. There shall be
no solicitations at any time on federally designated holidays, without prior invitation from
the occupants of said private residence.
(b) It shall be unlawful for any person to solicit or distribute handbills in person at a private
residence where the owner, occupant or any other person then present in or upon such
private premises has indicated that no such activities are welcomed or if there is placed
upon such premises in a conspicuous place upon or near the main entrance to the residence,
a card containing the words "NO SOLICITORS" OR "NO TRESPASSING". The letters
shall be not less than two-thirds of an inch in height and should be displayed on a weather
proof card not less than three inches by four inches in size.
(c) It shall be unlawful for any person to solicit in person at a gated community which shall
exhibit in a conspicuous place upon all entrances to the community the words "NO
SOLICITORS" OR "NO SOLICITATION". The letters shall not be less than one and a
half inches in height and shall be displayed on a weatherproof card not less than 8 inches
by 12 inches in size. It shall be an affirmative defense to a violation under this section that
the solicitation occurred at the written request of a homeowner/resident in the gated
community. The solicitor shall only solicit at the address covered by the written request.
(d) It shall be unlawful for a person to engage in aggressive solicitation which includes the
approaching or following pedestrians, repetitive soliciting despite refusals, the use of
abusive or profane language to cause fear and intimidation, unwanted physical contact, or
the intentional blocking of pedestrian and vehicular traffic.
(e) It shall be unlawful for a person to solicit in the following locations;
(1) within 25 feet of:
(a) an automated teller facility
(b) the entrance or exit of a bank or
(c) the entrance or exit of a check cashing business
(2) at a public transportation stop
(3) in an aggressive manner in a public area
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(f) No person shall engage in solicitation through the delivery of handbills or circulars by
placing said handbills or circulars on motor vehicles, public utility posts, or other location
such that the same constitutes littering under V.T.C.A, Health and Safety Code Ch. 365. It
is presumed that the person or business whose address or telephone number is listed in the
notice, poster, paper, or device, or who is otherwise named, described, or identified in the
notice, poster, paper, or device, is the person or business who committed the violation,
either personally or through an agent or employee.
Sec.82-3. Supervision of child solicitors.
It shall be unlawful for any person to use children thirteen(13)years of age or less for any
type of solicitation or handbill distribution purposes unless the children are actively supervised by
an adult individual at least eighteen (18) years of age. In all cases the supervising adult shall be
within one hundred(100)yards of the child solicitor.
Sec. 82-4. Exemptions.
(a) The provisions of this chapter shall not apply to:
(1) The regular delivery of newspapers or magazines or other items which have been
subscribed to by the persons receiving them or by occupants of the premises to
which they are delivered;
(2) The interruption of service notices by utility companies;
(3) The distribution of mail by the United States government; and
(4) The service of any lien foreclosure or governmental notices of any character
distributed by the City or any other governmental entity.
Secs. 82-73-82-100. Reserved.
ARTICLE III.JOB PLACEMENT ACTIVITIES
Sec. 82-101. Prohibition of job placement activities in unauthorized locations.
(a) No person shall engage in or attempt to engage in job placement activities in an
unauthorized location. This section shall not apply to job placement activities concerning
employment or business for the owner or lawful tenants of the subject premises.
(b) This section shall only apply to unauthorized locations where the location has a notice
posted in both English and Spanish in a conspicuous place at each entrance and exit to such
location not less than 18 by 24 inches in size with lettering not less than one inch in height
and not to exceed, in total area, six square feet. The notice shall be in substantially the
following form:
"It is unlawful to engage in job placement activities on these premises."
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(c) This article shall override other ordinances regulating the placement of signage,temporary
or permanent, for the purpose of solicitation or job placement in and throughout the City.
Secs. 82-102-82-120. Reserved.
SECTION 3: Penalty. Any person, firm, entity or corporation violating any provision of this
Ordinance, as it exists or may be amended, shall be guilty of a misdemeanor, and on conviction, shall be
fined in an amount not exceeding Five Hundred Dollars($500.00). Each continuing day's violation shall
constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie
from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant
to local, state,and federal law.
SECTION 4: Savings/Repealing. The Code of Ordinances shall remain in full force and effect,
save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed,but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent prosecution from being commenced for any violation
occurring prior to the repeal of the ordinance.Any remaining portions of conflicting ordinances shall remain
in full force and effect.
SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The
City Council hereby declares that it would have passed this Ordinance,and each section,subsection,clause
or phrase thereof,regardless of whether any one or more sections,subsections,sentences,clauses or phrases
is declared unconstitutional and/or invalid.
SECTION 6: Effective Date. This Ordinance shall be effective immediately upon its passage and
publication as required by law and the City Charter.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 26th day of April, 2022.
Matthew Porter, Mayor
ATTESTED AND
CORRECTLY RECORDED: •
•
ja.ehmixattua
Stephanie Storm, City Secretary , � ''
DATE OF PUBLICATION: May 4,2022, in The Wylie News
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CSDle ajarmt'rsUille Eunce • Murphy Monitor • The Princeton Herald • 74-Sa.h.k News • THE WYLIE NEWS
media
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice—Ordinances No. 2022-32, 2022-33,2022-34 and 2022-35
was published in said newspaper on the following date(s),to-wit:
May 4, 2022
Cjilliti
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 5th day of May, 2022, to certify which
witness my hand and seal of office.
Notary ublic 'n for
' The State of
lei o� SONIA A DUGGAN
o`%`(1, Notary ID#126646343
sit^�, My Commission Expires My commission expires 08/12/2024.
r, �4_4, August 12,2024
lurphy;Sachse'Wylie Office• 110 N.Ballard•Y.O.Box 369•Wylie.TX 75098.972-442-5515
Fanncrsvilk:!Princcton(Alice• 101 S.Main•P.O.lion 312•Ittrmersvillc.'I\75442•972-784-6397
Ordinance
No.2022-35
An Ordinance Of The
City Council Of The
City Of Wylie, Texas,
Amending Wylie's
Code Of Ordinances,
Ordinance No. 2021-
17, As Amended,
Chapter 82 (Peddlers
And Solicitors),By Re-
CITY OF WYLIE 1 Pealing Or Amending
I Sections 82-1 Defini-
Ortfterkee
Ordinance, Ord No.1622-34 tions,By Repealing Or
No ZQ 2.32 No.2022-33 Amending 82-2 (Un-
An O.di as `The
lawful Solicitation And
An Ordinance Of The An Ordinance Of The Handbill Distribution),
City Of Wylie, Texas, ounce f The 82-3 (Supervision Of
City Of Wylie, Texas, City Of Wylie, Texas,
Amending The Com- Child Solicitors), 82-4
Amending 'The Com- Amending Ordinance
prehensive Zoning Or- prehensive Zoning Or- No. 2015-09 Of The (Permit Or Certificate
dinance Of The City dinance Of The City City Of Wylie (The Of Registration—
Of Wylie, As Hereto- Of Wylie, As Hereto- Zoning Ordinance, As Grounds For Denial
fore Amended, So As fore Amended So As Amended), Article 6, +6 ncatioith 82
To Change'The Zon- To Change The. Zon- Section 6.3, Down- (fie—Appeal From
ing On The Hereinafter ing On The Hereinafter town Historic°District;
Denial Or Revocation),
Described Property, Described $2-31 (Exceptions To
Zoning Case Number Zoning Amending. Certain Article), 82-32 (Regis-
Zoning Case Numbs Regulations;Providing
2022-03, From Com- 2Q2244 raffi ,, ,�- tration Statement),82-
mercial Corridor Des ` """ " A Penalty.Clause'Sav- 33 (Registration Fee),
mercial Corridor (C )`' Ljq,ge,
trict (Cc) To Commer- 82-34 (Certificate Of
To Planned Develop-
cial Corridor - Special went - Commercial Severability Clause Registration Issuance,
Use Permit (Cc-Sup), Industrial (Pd-Ci), lb And Effective Duration ation And Form),
To Allow For Com- Allow For Induatriid Date; And Providing 82-35(Solicitor's Iden-
mercial Development And Commet The Publication Of lineation),82-36(pub_
Of A Restaurant With : velopment; Proved- The Caption Hereof. Disclosure), 82.7
A Drive-Thru; Provid- ing For A Penalty For (Exhibiting Card Pm-
ing For A Penalty For The Violation Of This hibiting Solicitors And
Handbill Distributors),
The Violation Of This Ordinit ; Providing $2-71. (Exceptions To
a , a : ace, Providing ForThe Repeal Of All Arliticle), 82-72
For The Repeal Of All Ordinances In Conflict; pArcation For P
Ordinances In Conflict; Providing A Severabil- 82-73 (Permit Fee)Providing A Severabil- ity Clause; And Pro ),
ity Clause; And Pro- viding For An Effec- 82-74 (Exemptions
viding For An Effec- tine Date. Permit Fee), 82-
five Date.
e `lce;
Duration And Form),
82-76 (Solicitor's And
Handbill Distributor's
Information), And 82-
77(Public Disclosure);
Providing A Savings/
Repealing Clause,
Severability' Clause,
Penalty.. .Clause And
An Effective Date;
And Providing For The
Publication Of The
Caption Hereof.
Iot-it_166 j