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PEDDLERS AND SOLICITORS ORDINANCE -AMENDMENT
ORDINANCE NO. 91-2870
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PLAINVIEW, TEXAS, .AMENDING THE
PI~AINVTEW CITY CODE., CHAPTER 7, ARTICLE
VI, EI~iTITLED "PEDDLERS, ITINERANT VENDORS
AND SOhICITORS".
WHEREAS, the Gity Gouncil of the City of Plainview, Texas did. on
August 14, 1.990, at a regular session of said .City Council pass and adopt
Qrdinance No. 90-2834, Peddlers & Solicitors; and
WHEREAS, the City of Plainview recognizes a measure of regulation is
.necessary to protect .the citizens of Plainview from deceptive .and dishonest
practices from those persons and organisations who solicit and canvass within
the City of Plainview; and
WHEREAS, the .City of Plainview further recognises a need to regulate
those persons offering "services" such as contractors, .roofers, painters,
carpenters or curb painters .who solicit and canvass within the City of
Plainview.
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'~, NOW, THEREFORE,. BE IT ORIlAINED by the City .Council of the City
of Plainview that
Section 1s The.. Plainview City` Code, Chapter 7, Article 6, entitled
"Peddlers, Itinerant Vendors and Solicitors," .Section 7-201, Definition is
hereby amended. to -read as follows:
7-201. Definitions,
As used in .this Article, the following words and terms shall have the meaning
ascribed thereto:
Itinerant Vendor means any person, (whether or not a resident of the
Gity) who engages in the transient business of selling goods or services
within the City. The term "itinerant vendor" shall: include .any agent,
independent ` contractor, employee, or other representative of any such person
and peddlers or solicitors .
Transient Business .means the sale of goods. or services in or on any
real .property within' the City not owned, leased or rented by such a vendor
for a period of at least. sixty (60) consecutive days.
Sale or selling .shall include the exchange of goads, wares, merchandise
or services in exchange for consideration,. or the offer, exhibition,
solicitation, 'or taking of orders for the sale of goads, wares,..merchandise or
-- services., or the distribution.. of .commercial printed matter in aid of any such
sale .
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ORDINANCE NO. 91-2870
PEDDLERS AND ~OLIGITORS ORDINAI~TCE - AlIdTsNDMENT
Goods means any goods, .wares, merchandise, livestock, poultry, or
other wild or domestic creatures, and all other tangible personal property of
any nature whatsoever but shall not include natural, botanical and
agricultural products, food and beverages intended for human consumption.,.
and securities, policies of; insurance and other intangibles.,
Services means work, lobar or .service purchased or .leased for use,
including services: furnished in connection with the sale or repair of goods .
Public property means any property .open or devoted to public use or
owned.., by .the City, County, state or federal government, including but not
limited to parks, building, sidewalks, streets and public. parkways.
Person means any individual, corporation, partnership, association or
other legal- entity.
Commercial.- printed matter means any printed or written matter, whether
a sample, device, leaflet, circular, pamphlet, paper or booklet, whether
printed, or reproduced, or copied which:
1. advertises for sale any merchandise, product, commodity, or
service; or
2. directs attention to a business or commercial establishment or other
activity for the purpose' of either directly or` indirectly ..promoting
sales; or
3. directs attention to or advertises: a meeting, performance,
exhibition, or -event for which an admission fee is charged for
private gain or profit- but does not include a meeting, performance,
exhibition, or event for which an .admission fee is charged or a
collection is taken up only for the purpose of deferring expenses; or
4. while contain~.ng reading matter. other than advertising matter, is
predominantly and essentially an advertisement, and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so_ engaged as advertiser or distributor.
Section 2: Conflicts. All ordinances.. or parts of ordinances ixi conflict
with this -article are hereby repealed to the .extent of such
inconsistency.
Section 3 : Cumulativeness . Provisions of this. chapter are cumulative
and nothing herein. shall prevent, alter.., or diminish. the applicability.: ar
enforcement of other ordinances restricting, regulating or governing the
subject matter herein.
Section. 4: Severability. Should any section, sub-section, or any
portion hereof be deemed invalid. for any reason, such holding shall not
.render or invalidate any other section.,. sub-section, , sentence,
provision, clause, phrase, or word severable therefrom and the same
shall be deemed severable :for. this purpose.
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ORDINANCE. NO. 91-2870
,~ ~ PEDDLERS AND SOLICITORS ORDINANCE -AMENDMENT
Section. 5: Publication. This ordin~.nce shall. become effective from and
after the date of its .passage and puplication according to law.
PASSED AND APPROVED this the 11 day of June, 1991.
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E. V. Ridlehuber -Mayor
ATTEST:
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Linda Huddleston -City Secretary
APPROVED A5 TO CONTENT:
`~ , % R Q bo e D sec ory o Public Safety..
APPRO AS TO FORM:
David Blackburn -City Attorney
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