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ORDINANCE NO. 03-3407
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, AMENDING
SECTION 7-201 OF THE CODE OF ORDINANCES TO PROHIBITING
WITHOUT A LICENSE STREET OR HIGHWAY SOLICITATION, OR
ATTEMPT TO SOLICIT, EMPLOYMENT, BUSINESS OR CONTRIBUTIONS
FROM THE OCCUPANT OF ANY VEHICLE.
THE PROHIBITION ABOVE DOES NOT APPLY TO A PERSON
SOLICITING CONTRIBUTIONS FOR A CHARITABLE ORGANIZATION
WHICH HAS BEEN ISSUED A PERMIT UNDER THIS SECTION AND WHO
IS IN COMPLIANCE WITH OTHER PROVISIONS OF THIS SECTION;
CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY
CLAUSE; AND EFFECTIVE DATE.
FOR PURPOSES 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 (100) FEET OF SUCH AN
INTERSECTION.
WHEREAS, the City Council of the City of Plainview, Texas has determined that it
would be in the best interest of the public to prohibit street or highway solicitation, or
attempt to solicit, employment, business or contributions from the occupant of any vehicle
without a CITY issued permit on any street or highway within the City of Plainview, Texas;
WHEREAS, In order to solicit contributions while standing in a street or highway, a
charitable organization must comply with all of the permit requirements;
WHEREAS, 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
application 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 ~'elated 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. The form will inform the
applicant of all costs, all required documentation, set forth time limitations, and all other
requirements.
Ordinance No. 03-3407
Street Solicitation Page 1 of 2
1 7 1
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview,
Texas:
SECTION I
The solicitation, or attempt to solicit, employment, business or contributions from the
occupant of any vehicle without a CITY issued permit on street in the City of Plainview,
Texas is prohibited.
SECTION II.
Should any section, subsection, or any portion hereof be deemed invalid for any reason,
such holding shall not render or invalidate any other section, subsection, sentence,
provision, clause, phrase, or word severable therefore and the same shall be deemed
severable for this purpose.
SECTION III.
Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or
diminish the applicability or enforcement of other ordinances restricting, regulating or
governing the subject matter herein.
SECTION IV.
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict
herewith, are hereby amended to conform with the provisions hereof.
SECTION V
This ordinance shall be of full force and effect upon its passage.
PASSED AND APPROVED on first reading this 9th day of December.
PASSED AND APPROVED on second reading this 23rd day of December, 2003.
' ojosa, City Seci~t~ary
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
William J. Mul Police
Ordinance No. 03.3407 Street Solicitation Page 2 of 2
