96-036 ORD PROVIDING THE CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 24 ARTICLE I SECTIONS 24-1, 24-2, 24-3, 24-8, 24-22, 24-27, 24-28, 24-43 AND 24-44 OF SAID CODE
ORDINANCE NO. 96-036
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING
CHAPTER 24, ARTICLE I, SECTIONS 24-1, 24-2, 24-3, 24-8, 24-22, 24-279 24-28, 24-43
AND 24-44 OF SAID CODE, AND BY ADDING 5ECTION 24-21.1 'rHERETO;
REGULATING DI5TRIBUTION OF INFORMATION-ONLY HANDBILLS; PROVIDING
FOR A PENALTY NOT TO EXCEED $500.00; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE OF JULY 1, 1996.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section 1. That Chapter 24, Article I, Sections 24-1, 24-2, 24-3, 24-8, 24-22, 24-27,
24-28, 24-43 and 24-44 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and
the same are hereby, amended so that such shall read as follows:
"Sec.24-1. Definitions.
"As used in this Article, the following words shall have the definitions ascribed
to them by this Section:
"Handbill shall mean any printed or written matter, sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or other printed or otherwise
reproduced original or copies of any matter or literature which solicits funds of
advertises items for sale. All references herein to handbill shall include the term
information-only handhill except where specifically stated otherwise.
"Handbill distributor shall mean any person engaging or engaged in the
business, whether or not for hire or gain, of distributing handbills, other than
newspapers distributed to subscribers thereof, and any person receiving
compensation directly or indirectly for the distribution of such handbills.
"Handbill sponsor shall mean any person who, or firm or corporation that,
utilizes handbills as a medium of advertising, spreading a message or
disseminating information.
"Inforntation-only handbill shall mean any printed or written matter, sample
or device, dodger, circular, leaflet, pamphlet, paper, booklet, or other printed or
otherwise reproduced original or copies of any matter or literature which provides
only information and does not solicit funds or advertise items for sale.
"Sec.24-2. Exceptions.
"(a) The provisions of this Article shall not apply to the following:
"(9) 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 premises, when previously invited to the
premises for solicitation;
"(10) 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;
or
"(11) The distribution of newspapers to the subscribers thereof.
"Sec. 24-3. Unlawful solicitation and handbill distribution.
"(a) It shall be unlawful for any person to go from house to house or from
place to place in the City soliciting, selling, or taking orders for, or offering to
sell or take orders for, any goods, wares, merchandise, services, newspapers,
magazines, or subscriptions to newspapers or magazines, soliciting funds for
charitable purposes or distributing handbills, whether such person is permitted or
has a certificate of registration under this Article or not, between the hours of
9:00 p.m. and 9:00 a.m. on any day of the week during the months of April,
May, June, July, August, September and October, and between the hours of 6:00
p.m. and 9:00 a.m. on any day of the week during the months of November,
December, January, February and March, unless the hours are extended in his
permit.
"(d) It shall be unlawful for any person, directly or through an agent, to
distribute or cause to be distributed, deposited or placed, thrown, scattered or cast
any handbill in or upon any premises within the corporate limits of the City,
without first having a written permit or certificate of registration therefor.
"Sec. 24-8. Permit, certificate of registration to be carried; displayed.
"(a) It shall be unlawful for any person to sell or solicit goods or funds without
visibly displaying the permit or certificate of registration required by this Article
on his person while engaged in such solicitation or sale.
"(b) It shall be unlawful for any person to solicit funds without visibly
displaying on his person the permit or certificate of registration provided by the
City, or to display a permit or certificate of registration issued in the name of
another person.
"(c) Any temporary vendor permit issued under this Article shall be
prominently displayed in a conspicuous place on the premises where the sale or
exhibit is being conducted and shall remain so displayed so long as any goods or
merchandise are being sold or exhibited.
"(d) It shall be unlawful for any person to distribute information-only handbills
without visibly displaying on his person a badge, not less than two inches by
three inches (2" x 3") in size, containing his name and the name of the individual
to whom or organization to which a certification of registration was issued. The
letters shall not be less than two-thirds of an inch (2/3 in height. "
"Sec.24-22. Fee.
"(a) The non-refundable permit fee for an itinerant vendor shall be one hundred
dollars ($100.00). When any person engages in the business of an itinerant
vendor through one (1) or more agents or employees, such person shall, in
addition to such one hundred dollar ($100.00) fee, pay a non-refundable permit
fee of five dollars ($5.00) for each agent or employee so engaged.
"(b) The non-refundable permit fee for a temporary vendor shall be fifty dollars
($50.00) per day or one hundred dollars ($100.00) for three (3) consecutive days
or three (3) nonconsecutive days if such days are requested in one application and
are within a thirty (30) day period. When any person engages in the business of
a temporary vendor through one (1) or more agents or employees, such person
shall, in addition to such other fees required by this Section, pay a non-refundable
permit fee of five dollars ($5.00) for each agent or employee so engaged. The
total fee required for a permit shall not exceed one thousand dollars ($1,000.00).
"(c) The non-refundable permit fee for all persons distributing handbills other
than information-only handbills shall be twenty-five dollars ($25.00). When any
person engages in the business of distributing handbills other than information-
only handbills through one (1) or more agents or employees, such person shall,
in addition to such twenty-five dollar ($25.00) fee, pay a non-refundable permit
fee of five dollars ($5.00) for each agent or employee so engaged.
°(d) The non-refundable fees herein provided for shall be used for the purpose
of defraying expenses incident to the issuing of such permits.
"(e) The non-refundable fees for the issuance of a permit provided for in this
Section shall not be required of nonprofit or charitable organizations. "
"Sec. 24-27. Issuance.
"(a) If, upon hearing, it shall appear to the City Manager that the statements
contained in an application for a permit under this Division are true, that the
correct cash bond has been posted, that proper identification has been presented,
that the applicant has the right, under the constitution and the laws of this state
and under the ordinances of the City of Paris, to engage in business, and that the
applicant has not been convicted of a felony or a violation of similar itinerant
vendors' ordinances of the cities of the state, then the City Manager shall issue
such permit to the applicant.
°(b) After review of the registration statement, to determine its compliance
with this Article, and within ten (10) working days of the receipt of the same, the
City Manager shall either issue a certificate of registration, as provided in this
Division, or notify the person applying that the registration statement does not
comply with the requirements of this Article, and specifically point out what
information or explanation has not been furnished that is required before a
certificate of registration can be issued. "
"Sec.24-28. Term.
"(a) Any permit issued under this Division shall be valid for ninety (90) days
from the date of issuance.
"(b) Any certificate of registration issued under this Division shall be valid for
one (1) year from the date of issuance. "
"Sec. 24-43. Form of certificate of registration.
"The City of Paris shall prescribe the form of the certificate of registration.
Each such certificate of registration shall have printed prominently thereon "The
issuance of this certificate of registration is not an endorsement by the City of
Paris 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. "
"5ec. 24-44. Solicitor's identification,
"(a) Each solicitor licensed under this Division shall carry with him and
produce upon request the following authorizations and identification:
"(1) Proof of non-profit status or authorization to represent the
charitable organization; and
"(2) A valid driver's license or other valid/official photo I.D.
"(b) Each solicitor licensed under this Division shall visibly display on his
person a badge, not less than two inches by three inches (2" x 3") in size,
containing his name and the name of the individual to whom or organization to
which a certification of registration was issued. The letters shall not be less than
two-thirds of an inch (2/3 in height. "
Section 3. That Chapter 24, Article I, of the Code of Ordinances of the City of Paris,
Paris, Texas, be, and the same is hereby, amended by adding Section 24-21.1 thereto to read
as follows:
"5ec. 24-21.1. Information-only handbills; registration statement.
"(a) All persons desiring to distribute information-only handbills shall file with
the City Manager a registration statement, on the form provided by the City,
containing the following information:
"(1) The name of the person registering and desiring to
distribute handbills;
"(2) If the person registering is a natural person, the business or
residence address and telephone number;
"(3) If the person registering is a partnership, the names of all
partners and the principal business address and telephone number
of each partner;
"(4) If the person registering is a corporation, whether it is
organized under the laws of the State of Texas or is a foreign
corporation, the mailing address, business location, telephone
number, name of the individual in charge of the local office of
such corporation, if any, and the names of all officers and
directors or trustees of said corporation, and, if a foreign
corporation, the place of incorporation;
"(5) If the person registering is an association, the association's
principal business address and telephone number, if any, and the
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 person registering may
alternatively list the names and principal business or residence
addresses and telephone numbers of the officers and directors or
trustees of the association. 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;
"(6) The names, mailing address and telephone number of all
individuals who will be in direct charge or control of the
distribution of handbills;
"(7) The time period within which the distribution of handbills
is to occur, giving the date of the beginning of distribution and the
projected conclusion;
"(8) 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 by the City or any of its officers or employees; and
"(9) Any other information which the City of Paris deems
necessary for the administration of this Division.
"(b) The registration statement must be signed by the applicant, if the person
registering is an individual; if the person registering is a partnership, by the
partner charged with disbursing funds solicited; if a person is registering on
behalf of a corporation or an association, by its officer charged with disbursing
the funds solicited. The individual signing the registration statement shall sign
the statement and swear before an officer authorized to administer oaths that he
has carefully read the registration statement and that all the information contained
therein is true and correct.
"(c) Information provided by applicant in accardance with the provisions of this
Section may be subject to verification by the Paris Police Department. "
Section 3. Any person violating any of the provisions of this ordinance shall be guilty
of a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed $500.00, and
each and every day's continuance of any violation of the above enumerated section shall
constitute and be deemed a separate offense.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
Section 5. This ordinance shall become effective on July 1, 1996.
PASSED AND ADOPTED this lOth day of June,
Eric S. C'Iifford, Mayor
ATTEST:
Mattie Cunningharn, City Cler
APPROVEI? AS T FORM:
. K. aynes, C' Attorney