Ordinance 2005-11
ORDINANCE NO. 2005-11
AN ORDINANCE OF THE CITY OF WYLIE REPEALING ORDINANCE
NOS. 77-5 AND 95-8; REGULATING AND DEFINING ITINERANT
MERCHANTS, ITINERANT VENDORS, SOLICITORS, HANDBILL
DISTRIBUTORS AND PERSONS SELLING OR TAKING ORDERS FOR
GOODS, WARES, MERCHANDISE, SERVICES, PHOTOGRAPHS,
NEWSPAPERS, MAGAZINES OR SUBSCRIPTIONS TO NEWSPAPERS OR
MAGAZINES; PROVIDING FOR A PERMIT OR CERTIFICATE OF
REGISTRATION AND APPLICABLE FEES; PROVIDING EXCEPTIONS
THERETO; PROVIDING PENALTIES FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR SEVERABILITY, REPEALING AND
SAVING CLAUSES; PROVIDING FOR THE PUBLICATION OF TIDS
CAPTION HEREOF AND PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has
investigated and determined that it will be advantageous, beneficial and in the best interest of the
citizens of the City of Wylie, Texas ("Wylie") to prevent potential traffic hazards resulting from
unauthorized use of the public right-of-way and city property;
WHEREAS, the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest ofthe citizens of Wylie to avoid loitering and keep the right-of-way
clear from unauthorized activity to prevent citizens from feeling threatened or being distracted by
persons located outside their vehicle while driving as a means of crime prevention and to prevent
accidents;
WHEREAS, the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to avoid and prevent littering within the
city;
WHEREAS, the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to avoid loitering and unwanted solicitation
or visitors on private property to prevent citizens from feeling threatened while on private property
and as a means of crime prevention;
WHEREAS, the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to avoid certain obstructions in the right-of-
way that may interfere with emergency services;
WHEREAS, the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to insure a noncommercial atmosphere in
residential areas;
Ordinance No. 2005-11
SOLICITATION-HANDBILL (Repealing Ord, Nos, 77-5 and 95-8)
WHEREAS, there are many locations throughout Wylie that are zoned for commercial
activity or are a public forum for expression;
WHEREAS, the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to create appropriate and orderly
commercial and residential atmospheres;
WHEREAS, the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to maintain the privacy of the home and
limit what an occupant must be unwillingly exposed to relative to the enjoyment of the investment
made in the home;
WHEREAS, the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to enhance property values and
psychological well-being for individuals and families;
WHEREAS, Wylie has complied with all notices and public hearings as required by law;
and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to Wylie and its inhabitants to repeal Ordinance Nos. 77-5 and 95-8.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
ARTICLE I
GENERAL PROVISIONS
SECTION 1: FINDINGS INCORPORATED.
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2: ORDINANCE NOS. 77-5 AND 95-8 REPEALED.
Wylie Ordinance Nos. 77-5 and 95-8 are repealed in their entirety and replaced by this
Ordinance for the sole purpose of consolidating the rules and regulations relating to solicitation and
the distribution ofhandbills. The effective date of the repeal discussed in this Section shall not occur
until the effective date of this Ordinance at which time Ordinance Nos. 77-5 and 95-8 shall be
repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any
prosecution and/or lawsuit from being commenced for any violation of Ordinance Nos. 77-5 and 95-
8 occurring before the effective date of this Ordinance.
Ordinance No. 2005-11 2
SOLICITATION-HANDBILL (Repealing Ord, Nos, 77-5 and 95-8)
SECTION 3: DEFINITIONS.
A. The following words and phrases, when used in this Ordinance, shall have the
meaning ascribed to them by this Section:
1. Business day means any calendar day except Saturday, Sunday or any local,
state, or national holiday.
2. Charitable purpose shall mean philanthropic, religious or other nonprofit
objectives, including the benefit of poor, needy, sick, refugee or handicapped
persons; the benefit of any church or religious society, sect, group or order;
the benefit of a patriotic or veterans' association or organization; the benefit
of any fraternal, social or civil organization, or the benefit of any educational
institution. "Charitable purpose" shall not be construed to include the direct
benefit of the individual making the solicitation or construed to include the
benefit of any political group or political organization which is subject to
financial disclosure under state or federal law.
3. City or Wylie means the City of Wylie, Texas.
4. City Manager means the City Manager of the City of Wylie, Texas, or his/her
designee.
5. Consumer means an individual who seeks or acquires real or personal
property, services, money, or credit for personal, family or household
purposes.
6. Consumer transaction means a sales transaction in which one (1) or more of
the parties is a consumer.
7. 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, except for
religious handbills or political handbills.
8. Handbill, political means any handbill containing exclusively political speech
as the term "political speech" is generally defined under the legal
jurisprudence of the State of Texas and the United States of America.
9. Handbill, religious means any handbill containing exclusively religious
speech as the term "religious speech" is generally defined under the legal
jurisprudence of the State of Texas and the United States of America.
10. Handbill distributor means and includes any person engaging or engaged in
the business for hire or gain of distributing handbills, other than newspapers
Ordinance No. 2005-11 3
SOLICITATION-HANDBILL (Repealing Ord, Nos, 77-5 and 95-8)
distributed to subscribers thereof, and any person receiving compensation
directly or indirectly for the distribution of such handbills.
11. Handbill sponsor means and includes any person, firm or corporation who
utilizes handbills as a medium of advertising or spreading a message.
12. Home solicitation transaction means a consumer transaction for the purchase
of goods, services, or realty, payable in installments or in cash, in which the
merchant engages in a personal solicitation of the sale to the consumer at a
residence, in person or by telephone, and the consumer's agreement of offer
to purchase is given at the residence to the merchant either in person or by
telephone. A home solicitation transaction shall not include a sale made
pursuant to a preexisting revolving charge account or retail charge agreement,
or a sale made pursuant to prior negotiations between the parties at a business
establishment, at a fixed location, where goods or services are offered or
exhibited for sale; or a sale of realty in which transaction the purchaser is
represented by a licensed attorney or in which the transaction is being
negotiated by a licensed real estate broker.
13. Individual or person shall mean an individual, a group of two (2) or more
individuals, proprietorship, partnership, corporation, limited liability
company, association or other legal entity.
14. Job placement activities means any request, offer, enticement, or action
which announces the availability for or of employment or seeks to secure
employment. As defined herein, "job placement activities" shall be deemed
complete when made whether or not an actual employment relationship is
created.
15. Merchant means a party to a consumer transaction other than a consumer.
16. Resident means any separate living unit occupied for residential purposes by
one (1) or more persons, contained within any type of building or structure.
17. Solicit funds or solicitation of funds or solicitation shall mean any home
solicitation transaction; any request for the donation of money, property, or
anything of value, or the pledge of a future donation of money, property, or
anything of value; or the selling, or offering for sale, or the purchasing, or
offering to purchase, of any property, real or personal, tangible or intangible,
whether of value or not, including, but not limited to, goods, books,
pamphlets, tickets, publications or subscriptions to publications. Expressly
excluded from the meaning of "solicit funds" or "solicitation of funds" or
"solicitation" is any offers of membership in any organization. A solicitation
offunds is complete when the solicitation is communicated to any individual
then located within the corporate limit of the city.
Ordinance No. 2005-1] 4
SOLICITATION-HANDBILL (Repealing Ord, Nos, 77-5 and 95-8)
B. All terminology used in this Ordinance and not specifically defmed 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.
SECTION 4: UNLAWFUL SOLICITATION AND HANDBILL DISTRIBUTION.
A. Solicitation Permit ReQuired. No person, directly or through an agent, shall canvass
or solicit in person from house to house in the city to sell or attempt to sell goods, merchandise,
wares, services or anything of value or to take or attempt to take orders for the future delivery of
goods, merchandise, wares, or any personal property of any nature whatsoever, or take or attempt to
take orders for services to be furnished or performed in the future, without first having a written
permit therefor, unless the solicitation is for charitable purposes.
B. Handbill Distribution Permit Required. It shall be unlawful for any person, directly or
through an agent or employee to distribute or cause to be distributed, deposited, placed, thrown, cast,
scattered, handed out or circulated any handbill in or upon any premises within the corporate limits
of the city without first having obtained a written permit for such distribution.
C. Certificate of Registration ReQuired. It shall be unlawful for any person, directly or
through an agent or employee, to solicit funds for charitable purposes within the corporate limits of
the city without first having obtained a certificate of registration for such solicitation. It shall further
be unlawful for any person, as the agent or employee of another, to solicit funds for charitable
purposes within the corporate limits of the city unless his principal or employer has received a
certificate of registration.
D. Prohibited Hours. It shall be unlawful to solicit funds or distribute handbills, political
handbills or religious handbills after 7 :00 p.m. and before 9:00 a.m.
E. Expiration of Permit/Certificate of Registration. It shall be unlawful for any person,
directly or through an agent or employee, to solicit funds or distribute handbills after the expiration
of any permit or certificate of registration issued as hereinafter provided.
F. Compliance with Application/Registration Statement. It shall be unlawful for the
person registering or applying, or the agents or employees thereof, to solicit funds or distribute
handbills for a purpose other than that set out in the registration statement or application upon which
the certificate of registration or permit was issued.
G. No Endorsement by City. It shall be unlawful for any person who shall solicit funds
or distribute handbills in the city to represent that the issuance of a certificate of registration or
permit by the city constitutes an endorsement or approval of the solicitation or distribution by the city
or its officers or employees.
H. UninhabitedN acant Premises. It shall be unlawful for any person to distribute or
cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any
Ordinance No. 2005-11 5
SOLICITATION-HANDBILL (Repealing Ord, Nos. 77,5 and 95-8)
handbill, political handbill or religious handbill in or upon any premises which are temporarily or
continuously uninhabited or vacant.
I. Inhabited Premises. It shall be unlawful for any person to distribute or cause to be
distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill, political
handbill or religious handbill upon any premises which are inhabited and not otherwise posted as
provided for in Subsection J below, except by handing or transmitting such handbill, political
handbill or religious handbill directly to the owner, occupant, or any other person then present in or
upon such premises.
J. Premises (Posted Card). It shall be unlawful for any person to distribute or cause to
be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill,
political handbill or religious handbill upon any premises if requested not to do so by the owner,
occupant, or any other person then present in or upon such premises, or if there is placed on such
premises in a conspicuous place upon or near the main entrance to the residence, a card as provided
in Section 9 (Exhibiting Card Prohibiting Solicitation and Handbills of any Type).
K. Pasting, Posting, Attaching Prohibited. It shall be unlawful for any person to paste,
stick, tack or place any handbill, political handbill or religious handbill upon any house, wall,
building, fence, railings, pole street sign, sidewalk or other property, public or private, without the
permission of the owner or the person in charge thereof. Should permission be granted pursuant to
this Subsection, all other laws, rules and regulations shall be complied with regarding the placement
of the handbill, political handbill or religious handbill.
L. Handbill Sponsor Information Required. It shall be unlawful for any person to
distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or
circulated any handbill in any place, under any circumstances, which does not have printed on the
cover, front or back thereof, the name, address and telephone number of the handbill sponsor who
caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in
addition to such fictitious name, the true name(s) and addresses) of the owner(s), manager(s), or
agent( s) for the fictitious person or club sponsoring such handbill shall also appear thereon.
M. Depositing on or in Vehicles Prohibited. It shall be unlawful for any person to throw,
deposit, distribute or cause to be distributed or attached any handbill, religious handbill or political
handbill in or upon any vehicle; provided, however, it shall not be unlawful in any public place for a
person to hand out or distribute, without charge to the receiver thereof, a handbill, religious handbill
or political handbill to an occupant of a vehicle who is willing to accept it.
N. Use of Public Right-of- Way. It shall be unlawful for any person to: (i) peddle, solicit,
sell, offer or exhibit for sale any merchandise or service, whether for profit, for a charitable purpose
or otherwise; (ii) distribute handbills, political handbills or religious handbills whether for profit, for
a charitable purpose or otherwise; or (iii) solicit funds, donations, contributions, employment,
business or a ride, whether for profit, for a charitable purpose or otherwise, upon any public
sidewalk, street, street right-of-way, median, traffic island, parkway, or other public right-of-way
within Wylie.
Ordinance No. 2005-11 6
SOLICITATION-HANDBILL (Repealing Ord, Nos, 77-5 and 95-8)
SECTION 5: 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, who has obtained the permit or certificate of
registration required by this Ordinance, or is the agent of the individual who obtained the permit or
certificate of registration. In all cases the supervising adult shall be within one hundred (100) yards
of the child solicitor.
SECTION 6: PERMIT OR CERTIFICATE OF REGISTRATION - GROUNDS FOR
DENIAL OR REVOCATION.
Failure to comply with any of the provisions of this Ordinance shall constitute grounds for
denial or revocation of any permit or certificate of registration sought to be issued or issued in
accordance with the provisions of this Ordinance.
SECTION 7: PERMIT OR CERTIFICATE OF REGISTRATION - APPEAL FROM
DENIAL OR REVOCATION.
Should an applicant or registrant be denied a permit or certificate of registration, or have a
permit or certificate of registration revoked, he/she may appeal that action to the City Manager by
submitting a letter within ten (10) days of the denial or revocation. Upon receipt ofthe letter, the
City Manager shall review the appeal and render a decision within seven (7) days to reject the action
complained of and order that the permit or certificate of registration be granted or reinstated or
uphold the denial or revocation. Should the City Manager uphold the denial or revocation, he/she
shall schedule a hearing before the City Council at a regular or special meeting within thirty (30)
days of the appeal request. The City Council shall render a decision on the appeal within seven (7)
days of the date of the hearing. Such hearing shall be an administrative hearing, and adherence to
formal rules of evidence shall not be required. The decision of the City Council shall be final.
SECTION 8: AFFIRMATIVE DEFENSE AND EXEMPTION.
A. It shall be an affirmative defense to prosecution under this Ordinance if the person is
occupying the public right-of-way for the purpose of selling newspapers or publications of other
printed material which deal with the dissemination of information or opinion; however, this defense
is not available if said act occurred upon the paved surface or shoulder of any public street, highway
or road.
B. The provisions of this Ordinance shall not apply to: i) 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; ii) the interruption of service
notices by utility companies; iii) the distribution of mail by the United Sates government; and iv) the
service of any lien foreclosure or governmental notices of any character distributed by the City of
Wylie or any other governmental entity.
Ordinance No. 2005-11 7
SOLICITATION-HANDBILL (Repealing Ord, Nos, 77-5 and 95-8)
SECTION 9: EXHIBITING CARD PROHIBITING SOLICITORS AND HANDBILL
DISTRIBUTORS.
A. A person desiring that no merchant or other person engage in solicitation, a home
solicitation transaction, or distribution of handbills, political handbills or religious handbills at
his/her premises shall exhibit, in a conspicuous place upon or near the main entrance to the premises,
a weatherproof card, not less than three (3) inches by four (4) inches in size bearing the words "no
trespassing", "no peddlers", "no advertisements", "no solicitation", "no handbills", or any similar
notice indicating in any manner that the occupants of such premises do not desire to be molested or
to have their right of privacy disturbed, or to have a handbill of any type left upon the premises. The
letters on such cards shall be not less than two-thirds (2/3) of an inch in height.
B. Every person upon going onto any premises shall first examine the premises to
determine if any notice prohibiting soliciting or handbill, political handbill or religious handbill
distribution is exhibited upon or near the main entrance to the premises. If notice prohibiting
soliciting or handbill, political handbill or religious handbill distribution is exhibited, the person
shall immediately depart from the premises without distributing, placing, or depositing any type of
handbill or disturbing the occupant, unless the visit is the result of a request made by the occupant.
C. No person shall go upon any premises and ring the doorbell, or rap or knock upon the
door or create any sound in a manner calculated to attract the attention of the occupant of the
premises, for the purpose of securing an audience with the occupant and engaging in or attempting to
engage in a solicitation or distribution transaction, if a card, as described in this Section, is exhibited
in a conspicuous place upon or near the main entrance to the premises, unless the visit is the result of
a request made by the occupant.
D. No person, other than the owner or occupant of the premises, shall remove, deface, or
render illegible, a card placed by the occupant pursuant to this Section.
E. Any merchant or person who has gained entrance to a premises, or audience with the
occupant, whether invited or not, shall immediately depart from the premises without disturbing the
occupant further when requested to leave by the occupant.
ARTICLE II
CHARITABLE SOLICITATION
SECTION 10: EXCEPTIONS.
The provisions of this Article II shall not apply to:
1. The solicitation of funds for charitable purposes by any organization or
association from its members.
2. The solicitation of funds for charitable purposes by a person when such
solicitation occurs on premises owned or controlled by the person soliciting
funds or with the permission of the person who owns or controls the
Ordinance No. 2005-1 ] 8
SOLICITATION-HANDBILL (Repealing Ord, Nos, 77-5 and 95-8)
premises, when previously invited to the premises for the solicitation.
3. The issuance of any announcement or advertisement that charitable
solicitation will occur or which announces or advertises an event at which
unannounced charitable solicitation will occur.
SECTION 11: REGISTRATION STATEMENT.
A. All persons desiring to solicit funds for charitable purposes in the City shall file with
the City's Police Department a registration statement, on forms provided by the City, containing the
following information:
1. The name of the person registering and desiring to solicit funds for charitable
purposes.
2. Whether the person registering is a natural person, partnership, corporation or
association, and:
a. If a natural person, the business or residence address and telephone
number must be given.
b. If a partnership, the names of all partners and the principal business
address and telephone number of the partnership and the address and
telephone number of each partner must be given.
c. If a corporation, the person registering must: i) state whether it is
organized under the laws of the State of Texas or is a foreign
corporation; ii) show the mailing address and telephone number of .
the principal place of business; iii) show the mailing address, business
location, telephone number and name of the individual in charge of
the Wylie office of such corporation, if any; iv) state the names of all
officers and directors or trustees of such corporation; and v) if a
foreign corporation, state the place of incorporation.
d. If an association, the registration statement must: i) show the
association's principal business address, and telephone number, if
any; ii) show names and principal business or residence addresses and
telephone numbers of all members of the association unless they
exceed ten (10) in number, in which case the application shall so state
and the person registering may alternatively list the names of
principal business or residence addresses and telephone numbers of
the officers and directors or trustees of the association; and iii) if the
association is part of a multi-state organization or association, the
mailing address and business location of its central office shall be
given, in addition to the mailing address and business location of its
local office.
Ordinance No. 2005-11 9
SOLICITATION-HANDBILL (Repealing Ord, Nos, 77-5 and 95-8)
3. The names, mailing address and telephone number of all individuals who will
be in direct charge or control of the solicitation of funds.
4. The time period within which the solicitation of funds is to be made, giving
the date of the beginning of solicitation and its concluding date.
5. A description of the methods and means by which the solicitation offunds is
to be accomplished.
6. Approved documentation of the tax exempt status, as described in Section 12
below, ofthe applicant to justify the solicitation to be for charitable purposes.
7. A statement to the effect that if a certificate of registration is granted, such
certificate will not be used or represented to be an endorsement or approval
by the city or any of its officers or employees.
8. Each person registering shall provide proof of identification through
submission of a valid driver's license or other valid/official photo ID.
9. Any other information which the city deems necessary for the administration
of this Article.
B. The registration statement must be signed by the applicant if the person registering is
an individual; if the applicant registering is a partnership, by the partner charged with disbursing the
funds solicited; if the applicant registering is a corporation or an association, by its officer charged
with disbursing the funds solicited. The individual signing the registration statement shall sign the
statement, swearing that he/she carefully read the registration statement and that all the information
contained therein is true and correct.
C. Information provided by applicant in accordance with the provisions of this Article
shall be subject to verification by the Wylie Police Department. Such registration statement shall
also be satisfactory written proof of the applicant's authority to represent the partnership,
corporation, association or business entity.
SECTION 12: REGISTRATION FEE.
Every registration statement shall be accompanied by a nonrefundable registration fee of
seventy-five dollars ($75.00) to compensate the city for the cost of administering this Article, and
such fee will not be refunded if a certificate of registration is not issued. No certificate of
registration provided for by this Article shall be issued until such fee has been paid by the applicant
registering. However, such registration fee of seventy-five dollars ($75.00) shall not be required of a
duly authorized, tax exempt, charitable organization registered as such with the Secretary of State for
the State of Texas. Proof of such tax exempt status from the Comptroller of the State of Texas or the
Internal Revenue Service must be provided to the city.
Ordinance No. 2005-11 10
SOLICITATION-HANDBILL (Repealing Ord, Nos, 77-5 and 95-8)
SECTION 13: CERTIFICATE OF REGISTRATION ISSUANCE, DURATION AND
FORM.
A. After review of the registration statement to determine its compliance with Section 11
above, and within fifteen (15) business days of the receipt of the registration statement, unless it is
determined that the applicant has provided false or incomplete information on its application, the
Wylie Police Department shall either issue a certificate of registration, or notify the person
registering that the registration statement does not comply with the requirements of Section 11
above, and specifically point out what information or explanation has not been furnished that is
required before a certificate of registration can be issued.
B. Every certificate of registration issued by the city shall expire at the termination of the
solicitation period specified in the registration statement or one (1) year from the date of issuance,
whichever is less.
C. The city shall prescribe the form of the certificate of registration. Each such
certificate of registration shall be printed in black except that the following shall be printed
prominently thereon in red: "The issuance of this certificate of registration is not an endorsement by
the City of Wylie or any of its officers or employees." Each certificate of registration shall bear a
registration number which is the same as the file containing the registration statement filed by the
registrant.
SECTION 14: SOLICITOR'S IDENTIFICATION.
A. Each solicitor shall carry with hirn/her and produce upon request the following
authorization and identification:
1. Proof of tax exempt status described in Section 12 or authorization to
represent the tax exempt, charitable organization; and
2. A copy of the certificate of registration issued by the City of Wylie; and
3. A valid driver's license or other valid/official photo ID.
SECTION 15: PUBLIC DISCLOSURE.
All registration statements, whether or not a certificate of registration has been issued, shall
be a public record and shall be available for inspection by members of the public during regular
business hours and copies may be obtained at cost.
ARTICLE III
NONCHARIT ABLE SOLICITATION AND HANDBILL DISTRIBUTION
SECTION 16: EXCEPTION.
The provisions of this Article II shall not apply to a person:
Ordinance No. 2005-1] 1 ]
SOLICITATION-HANDBILL (Repealing Ord, Nos. 77-5 and 95-8)
1. Engaged in charitable solicitation and meeting one of the exceptions in
Article II, Section 10;
2. Holding a certification of registration as provided in Article II; or
3. Engaged in the distribution of political handbills or religious handbills.
SECTION 17: APPLICATION FOR PERMIT.
A. Any person desiring to make home solicitation transactions or distribute handbills
within the city shall file a written application for a permit to do so with the Wylie Police Department,
which application shall show:
1. The name of the person applying and desiring to make home solicitations or
distribute handbills;
2. The name of the handbill sponsor if the permit applied for is for distribution
of handbills;
3. Whether the person registering is a natural person, partnership, corporation or
association, and:
a. If a natural person, the business or residence address and telephone
number must be given.
b. If a partnership, the names of all partners and the principal business
address and telephone number of the partnership and the address and
telephone number of each partner must be given.
c. If a corporation, the person registering must: i) state whether it is
organized under the laws of the state of Texas or is a foreign
corporation; ii) show the mailing address and telephone number of
the principal place of business; iii) show the mailing address, business
location, telephone number and name of the individual in charge of
the Wylie office of such corporation, if any; iv) state the names of all
officers and directors or trustees of such corporation; and v) if a
foreign corporation, state the place of incorporation.
d. If an association, the registration statement must: i) show the
association's principal business address, and telephone number, if
any; ii) show names and principal business or residence addresses and
telephone numbers of all members of the association unless they
exceed ten (10) in number, in which case the application shall so state
and the person registering may alternatively list the names of
Ordinance No. 2005-]] ]2
SOLICITATION,HANDBILL (Repealing Ord, Nos, 77-5 and 95-8)
principal business or residence addresses and telephone numbers of
the officers and directors or trustees of the association; and iii) if the
association is part of a multi-state organization or association, the
mailing address and business location of its central office shall be
given, in addition to the mailing address and business location of its
local office.
4. The names, mailing address and telephone number of all individuals who will
be in direct charge or control of the solicitation of funds or distribution of
handbills.
5. The time period within which the solicitation of funds or distribution of
handbills is to be made, giving the date of the beginning of solicitation and its
concluding date.
6. A description ofthe methods and means by which the solicitation offunds or
distribution of handbills is to be accomplished.
7. The names of other communities in which the applicant has made home
solicitations or distribution of handbills in the past six (6) months.
8. The nature of merchandise to be sold or offered for sale or the nature of the
services to be furnished.
9. Whether such applicant, upon any such order so obtained, will demand,
accept or receive payment or deposit of money in advance of final delivery.
10. Each applicant shall provide proof of identification through submission of a
valid driver's license or other valid/official photo ID.
11. A statement to the effect that if a permit is granted, such permit will not be
used or represented to be an endorsement or approval by the city or any of its
officers or employees.
12. Any other information which the city deems necessary for the administration
of the Article.
B. The application must be signed by the applicant, if the person applying is an
individual; if the applicant is a partnership, by the partner charged with disbursing the funds solicited
or overseeing the handbill distribution; if the applicant is a corporation or an association, by its
officer charged with disbursing the funds solicited or overseeing the handbill distribution. The
individual signing the application shall sign the application, swearing that he/she carefully read the
application and that all the information contained therein is true and correct.
C. The application must be accompanied by a copy of a valid states sales tax certificate,
if applicable.
Ordinance No. 2005-11 13
SOLICITATION-HANDBILL (Repealing Ord, Nos. 77-5 and 95-8)
D. Information provided by applicant in accordance with the provisions of this Article
shall be subject to verification by the Wylie Police Department. Such application shall also be
satisfactory written proof of the individual's authority to represent the partnership, corporation,
association or business entity.
SECTION 18: PERMIT FEE.
Every application shall be accompanied by a nonrefundable application fee of seventy-five
dollars ($75.00) to compensate the city for the cost of administering this Article, and such fee will
not be refunded if a permit is not issued. No permit provided for by this Article shall be issued until
such fee has been paid by the applicant.
SECTION 19: EXEMPTIONS FROM PERMIT FEE.
The permit fee required for the issuance of a permit under the provisions of this Article shall
not be required of the following:
1. Ordinary commercial travelers who sell or exhibit for sale goods, wares or
merchandise to persons selling and dealing in the same within the city.
2. Persons offering for sale agricultural products, meats, poultry or other articles
of food grown or produced by such persons.
3. Individuals operating under licenses granted by a state agency.
SECTION 20: PERMIT ISSUANCE, DURATION AND FORM.
A. After review of the application to determine its compliance with Section 17 above,
and within fifteen (15) business days of the receipt of the application, unless it is determined that the
applicant has provided false or incomplete information on its application, the Wylie Police
Department shall either issue a permit, or notify the person applying that the application does not
comply with the requirements of Section 17 above, and specifically point out what information or
explanation has not been furnished that is required before a permit can be issued.
B. A permit requested under this Article shall be issued for the length oftirne requested,
not to exceed six (6) months.
C. The city shall prescribe the form of the permit. Each such permit shall be printed in
black except that the following shall be printed prominently thereon in red: "The issuance of this
permit is not an endorsement by the City of Wylie or any of its officers or employees." Each permit
shall bear a permit number which is the same as the files containing the application filed by the
applicant.
Ordinance No. 2005-1] 14
SOLICITATION-HANDBILL (Repealing Ord, Nos, 77-5 and 95-8)
SECTION 21: SOLICITOR'S AND HANDBILL DISTRIBUTOR'S IDENTIFICATION.
Each person soliciting and/or distributing handbills shall carry with hirn/her and produce
upon request the following information and identification:
1. Authorization to represent the permittee by holding a copy of the permit
issued by the City of Wylie; and
2. A copy of the valid state sales tax certificate, if applicable; and
3. A valid driver's license or other valid/official photo ID.
SECTION 22: PUBLIC DISCLOSURE.
All applications, whether or not a permit has been issued, shall be public record and shall be
available for inspection by members ofthe public during regular business hours and copies may be
obtained at cost.
ARTICLE IV
JOB PLACEMENT ACTIVITIES
SECTION 23: 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 eighteen (18) by twenty- four (24) inches in size with lettering not less than one
(1) inch in height and not to exceed, in total area, six (6) square feet. The notice shall be in
substantially the following form:
"It is unlawful to engage in job placement activities on these premises."
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 Wylie.
ARTICLE V
MISCELLANEOUS PROVISIONS
SECTION 24: PENALTY.
Ordinance No. 2005-11 15
SOLICITATION-HANDBILL (Repealing Ord. Nos, 77-5 and 95-8)
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five
Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance 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 25: SA VINGS/REPEALING.
Except as otherwise stated herein, all provisions of any Wylie ordinances in conflict herewith
are repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution
for the violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance; provided, however,
Wylie Ordinance Nos. 77-5 and 95-8 shall remain in full force and effect until the effective date of
this Ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 26: SEVERABILITY.
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional 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. Wylie hereby declares
that is would have passed this Ordinance, and each section, subsection, clause or phrase thereof
irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional or invalid.
SECTION 27: PUBLICATION AND EFFECTIVE DATE.
The caption of this Ordinance shall be published in accordance with Wylie's City Charter and
applicable law and shall become effective on the tenth (10th) day after such publication.
DUL Y PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 22nd day of March 2005.
ATTESTED TO AND
CORRECTLY RECORDED BY:
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CAROLE ERH .' H, City Secretary % \'" .,.":.!
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Date ofoublication in The Wvlie News- March 30. 20051111111 E. T \,\""
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Ordinance No. 2005-11 16
SOLICITATION-HANDBILL (Repealing Ord, Nos. 77-5 and 95-8)
* C&S MediJ.l, Inc.
'QI:ue jfarmergbiUe 'QI:imeg. Murphy Monitor. The Princeton Herald. The Sachse News. THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie
Ord. No. 2005-10, Ord. No. 2005-11, Ord. No. 2005-12
was published in said newspaper on the following dates, to-wit: March 30, 2005
fJUffiz-
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the ~
day of ~
, 2005
to certify which witness my hand and seal of office.
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I;o~ "'-'~<:\ ADA. L. MOONEY
f. r ~JI'" r 1 ~ol<;I1Y PUblic
~\ yc", Jf State of Texas
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~ 0,;;',,>/' I\"y Lomm. Exp. 01-02-07
~O~~dfor
The State of Texas
~~~-
My commission expires 01102/07
Murphy/SachseJWylie Office. 110 N. Ballard. P.O. Box 369. Wylie, TX 75098.972-442-5515. fax 972-442-4318
Farmersville/Princeton Office. 10 I S. Main . P.O. Box 512 . Farmersville, TX 75442 . 972-784-6397 . fax 972-782-7023
Classified A~
a Central Expressway, Suite
230, Dallas, Texas, begin-
ning at 1 :00 p.m. on
Wednesday, March 23,
2005, upon receipt of a
Thirty Dollars ($30.00) per
set fee, accompanied by
the contractor's name,
address, phone number and
FAX number.
.
d-
ys
of
44-2t-339
NOTICE OF
PUBLIC
HEARING
CITY OF SACHSE
st
e
The City of Sachse will
hold a Public Hearing
and Consider Action on
Monday, May 2, 2005 at
- the Sachse City Hall"
5560 Hwy. 78, Sachse,
Texas at 7:30 p.m.
a The Public Hearing will
n be to consider projects
e under the Dallas
d County's Community
Development Block
Grant Program (CDBG)
for 2005-2006 and take
input from citizens.
Such projects must
either principally bene-
e fitlow/moderate income
y households, eradicate
d blight or eliminate a
- community "threatening
, condition. Citizens are
encouraged to attend
and give input for the
projects to be consid-
- ered.
Terry Smith,
City of Sachse,
City Secretary
ORDINANCE OF
~
THE CITY OF WYLIE
ADOPTING STAN-
DARDS OF CARE FOR
THE CITY OF WYLIE
YOUTH PROGRAMS.
ORDINANCE NO. ~
11
AN ORDINANCE OF
THE CITY OF WYLIE
REPEALING ORDI-
NANCE NOS. 77-5 AND
95-8; REGULATING John Mondy, Mayor
AND DEFINING ITIN-' ATTEST:
ERANT . MERCHANTS,
ITINERANT VENDORS, Carole Ehrlich,
SOLICITORS, HAND- Secretary
BILL DJSTRIBUTbRK . 45-1 t~339
AND PERSONS SELL-' .
ING OR TAKING NOTICE OF
ORDERS FOR GOODS, QUIREMENT TO
WARES, MERCHAN- COMPLYWITH THE
DISE; SERVICES,PHO- suaornslONANl>
TOGRAPHS, NEWSPA- SERVICE EXTENSION
PERS, MAGAZINES o;R POLICY OF WYLIE
SUBSCRIPTIONS TO NORTHEAST WATER
NEWSPAPERS OR MAG- SUPPLY
AZINES; PROVIDING CORPottATION
FOR A PERMIT OR CER-
TIFICATE, OF REGIS-
TRATION AND APPLIC-
ABLE FEES; PROVID-
ING EXCEPTIONS
THERETO; PROVIDING
PENALTIES FOR THE
VIOLATION OF THIS
ORDINANCE; PROVID-
INGFOR SEVERABILI-
TY, REPEALING AND
SAVING CLAUSES,
PROVIDING FOR THE
PUBLICATION OF THIS
CAPTION HEREOF AND
PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE.
ORDINANCE NO. 2OOJ.:.
12
AN ORDINANCE OF
THE CITY OF WYLIE,
XAS ESTABLISHING
A CITIZENS BOND
ADVISORY COMMIT-
TEE (CBAC); PROVID-
ING FOR THE SCOPE
AND AUTHORITY OF
THE COMMITTEE; PRO-
VIDING FOR THE
APPOINTMENT OF ITS
MEMBERS; AND PRO-
VIDING AN EFFECTIVE
DATE.
tiguous tract of lar
comply with
Developer, Subc
and Non-standard
Requirements
"Subdivision Polic)
tained in Wylie N
Water
Corporation's tariff
Wylie Northeast
Supply Corpora
not required to
retail water.or se\l
service to a
plicant in a sub
where the devell
the subdivision h~
to comply wil
Subdivision Polic~
Among other
ments, the Sub
Policy requires th
cant to:
- complete a Non-~
Service ApplicatioJ
- submit an appro1
plat showing the iI
service area;
- pay a Non-~
Service Investigat
and
- enter into a Non-:
Service Contract
other agreements.
Pursuant to . Chapter
13.2502 of the Texas Water
Code, Wylie Northeast
Water Supply Corporation
hereby gives notice that
any person who subdivides
land by dividing any lot,
tract, or parcel of land,
within the service area of Applicable elemeIl
Wylie Northeast Water Subdivision
Supply Corporation, depending on .the
Certificate of Convenience circumstance of tl
and Necessity No. 10192, vision service,
in Collin County, into two include:
or more lots or sites for the - Evaluation I
purpose of sale or develop- Northeast Water
ment, whether immediate Corporation of th,
or future, including fe-sub- a pr()posed subdivi
division ofland for which a vice extension w
plat has been filed and on Wylie Northe2
recorded or requests more Supply COrpl
than two water service con- water supply sys
nections on a single con- payment of the (
Jising
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