Chapter 74. Peddlers and Solicitors

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Director means the director of the health department.

Goods means any personal property of any nature whatsoever, including but not limited to tickets for admission to athletic, sporting or entertainment events or shows, wares, services, photographs or magazines.

Itinerant merchant means any person, as well as his agents and employees, who (i) solicits, sells or offers for sale any goods, merchandise, or service, or (ii) exhibits goods or merchandise for sale or for the purpose of taking orders for the sale thereof, by:

(1) The display, exhibit, sale or offer for sale of such goods or merchandise upon or from a truck or other vehicle on the city streets, or

(2) Going from house to house or from place to place in the city, or

(3) Remaining on any one property for a period less than one hour.

Open air vendor is a person as well as his agents and employees who (i) solicits, sells or offers for sale any goods, merchandise, or service to the public, or (ii) exhibits goods or merchandise for sale or for the purpose of taking orders from the public for the sale thereof, and who:

(1) Does not solicit, sell or offer for sale goods, merchandise, or service or exhibit goods or merchandise for sale or for the purpose of taking orders for the sale thereof:

a. From within a facility for which a certificate of occupancy has been issued by the chief building official of the city; or

b. On the same property where the person solicits, sells or offers for sale the same or similar goods, merchandise, or service from within a facility for which a certificate of occupancy has been issued by the chief building official of the city; and

(2) Remains on any one property for a period of one hour or more soliciting, selling or offering, or exhibiting for order or sale goods, merchandise or service.

Person or entity means any individual, corporation, company, foundation, association, labor organization, firm, partnership, society, joint stock company, group of organizations, or state or local government.

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 15,463, § 1, 5-25-23)

This article is and shall be deemed an exercise of the police power of the state and of the city for the public safety, comfort, convenience and protection of the city and its citizens, and all the sections of this article shall be construed for the accomplishment of that purpose.

(Ord. No. 9829, § 3, 7-8-04)

This article shall not apply to:

(1) Sales made to dealers by commercial travelers or sales agents in the usual course of business calling upon or dealing with manufacturers, wholesalers, distributors or retailers at their places of business; or

(2) Sales made by mobile food vendors licensed in accordance with chapter 42 of this Code.

(3) Outdoor sales of animals for a commercial purpose in accordance with chapter 14 of this Code.

(4) Sales made by a registered participant in an official, city-sponsored event.

(5) Sales made by an authorized vendor at a properly permitted tourism-impact event, as that term is defined in section 70-8 of this Code.

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 13,030, § 1, 11-16-15; Ord. No. 15,463, § 2, 5-25-23; Ord. No. 15,892, § 1, 9-12-24; Ord. No. 16,421, § 1, 3-12-26)

The fire chief, police chief and the directors of engineering, health, and planning and development services are authorized to enforce this article and to make all necessary inspections, to issue citations, to give notice, to file applicable charges and to otherwise cooperate in the enforcement of this article.

(Ord. No. 9829, § 3, 7-8-04)

Any person violating any section of this article shall, upon conviction, be fined as provided in section 1-14; provided the minimum fine shall be $200.00. Each sale, offer for sale, exhibition for purpose of sale or exhibition for the purpose of taking orders for the sale thereof in violation of this article shall constitute a separate offense. As to any landowner, tenant or agent referenced in section 74-33(d), each sale, offer for sale, exhibition for purpose of sale or exhibition for the purpose of taking orders for the sale thereof by any person the landowner, tenant, or agent allowed or authorized to engage in any activity described in the definition of "open air vendor" in section 74-26 shall constitute a separate offense.

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 15,463, § 3, 5-25-23)

A person may not stand in a roadway for the purpose of soliciting a ride, contribution, employment or business from the occupant of any vehicle.

(Ord. No. 9829, § 3, 7-8-04)

(a) It shall be unlawful for any person to engage in any activity described in the definition of "itinerant merchant" in section 74-26 except between the hours of 9:00 a.m. and 7:00 p.m.

(b) It shall be unlawful for any person to engage in any activity described in the definition of "itinerant merchant" in section 74-26 on a Sunday.

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 10,215, § 1, 12-8-05; Ord. No. 15,463, § 4, 5-25-23)

(a) No itinerant merchant shall use or attempt to use any entrance other than the front or main entrance to a structure, or step from the sidewalk or indicated walkway, where one exists, leading from the right-of-way to the front or main entrance of the structure, except by express invitation of the resident or occupant of the property.

(b) An itinerant merchant shall not, without effective consent,

(1) Solicit, sell or offer for sale any goods, merchandise or service or

(2) Exhibit goods or merchandise for sale or for the purpose of taking orders for sale at a home or residence at any time when a sign is posted on the property or at the entrance to the residence, is reasonably likely to come to the attention of the itinerant merchant, and indicates that entry or solicitation is forbidden.

(c) It shall be unlawful for any person to engage in any activity described in the definition of "open air vendor" in section 74-26.

(d) It shall be unlawful for any landowner, tenant, or any agent of a landowner or tenant, to allow or otherwise authorize, any person to engage in any activity described in the definition of "open air vendor" in section 74-26.

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 12,076, § 1, 9-27-12; Ord. No. 11,866, § 21, 2-23-12; Ord. No. 13,191, § 9, 5-12-16; Ord. No. 15,463, § 5, 5-25-23)

(a) Except as provided in subsection (b) of this section, it shall be unlawful for any person to engage in any activity of an itinerant merchant described in section 74-26 without having applied for and obtained a license issued by the director.

(b) No license shall be required of any person while such person is a registered participant in an official, city-sponsored event.

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 12,267, § 1, 6-13-13; Ord. No. 15,463, § 6, 5-25-23)

(a) No itinerant merchant license required under this division shall be issued by the city until the itinerant merchant makes application in writing on forms to be furnished by the director. Such application shall be in affidavit form stating the full name and address of the itinerant merchant, and the location of its principal office and place of business. The application must be accompanied by the following:

(1) A statement showing the kind and character of the goods, merchandise, or service to be sold, offered for sale or exhibited;

(2) The full corporate name and the name and address of the registered agent and chief executive officer of the corporation, if the itinerant merchant is a corporation incorporated under the laws of this state;

(3) A copy of its permit to do business in the state or the name of its agent for service, if the itinerant merchant is a corporation incorporated under the laws of some state other than this state;

(4) Two recent photographic likenesses of the applicant's face, which photographs shall be one-inch square in size;

(5) A certificate or letter from an officer or manager of the company or organization for whom the itinerant merchant works or solicits, stating that the applicant is an employee or agent of such company or organization;

(6) The applicant's tax identification number; and

(7) A bond and a nonrefundable fee as described in section 74-63.

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 15,463, § 7, 5-25-23)

(a) Application fees. The fees specified in this subsection shall be used to defray expenses incident to the issuing of licenses.

(1) Itinerant merchant license. Simultaneously with the filing of the application for an itinerant merchant license, the applicant shall file with the city a nonrefundable fee in the amount of $15.00.

(2) Replacement licenses. The fee for the replacement of a license shall be the same fee prescribed in subsection (a)(1).

(3) Replacement licenses. The fee for the replacement of a license shall be the same fee prescribed in subsection (a)(1) or (a)(2), as applicable.

(b) Bond. Simultaneously with the filing of an application, the applicant shall file with the city a bond executed by the applicant and by a corporate surety licensed to do business in the state. The bond shall be in the sum of $1,000.00 and conditioned for the final delivery of goods, merchandise, or service in accordance with the terms of any order obtained prior to delivery and shall also be conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the goods, merchandise, or service sold, by the principal obligor of such bond, at the time of delivery, or that may be discovered by such purchaser or customer within 30 days after delivery. Such bond, while payable to the city, shall also inure to the benefit of any person damaged or injured in any manner by the principal obligor because of purchasing or giving any order to the principal obligor thereon or to an agent or employee of the principal obligor. The bond shall remain in full force and effect for the entire duration of the license as provided in this division or until the expiration of 30 days after the final delivery of any goods, wares, merchandise, services, photographs, or magazines sold under such permit, whichever occurs last.

(c) If the applicant is engaging in any activity mentioned in this article through one or more agents or employees, such applicant shall be required to enter into only one bond in the sum of $1,000.00 as required in subsection (b) of this section, which bond shall be made to cover the activities of all his agents or employees.

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 15,463, § 8, 5-25-23)

Each license issued under this division shall contain the following:

(1) The name of the applicant and his address;

(2) A photographic likeness furnished with the application; and

(3) The date the license was issued.

(Ord. No. 9829, § 3, 7-8-04)

The director shall issue to any person a license authorizing the merchant to sell, exhibit for sale, offer for sale or exhibit for the purpose of taking orders for the sale thereof, in the city, its goods, merchandise, or service after such person has fully complied with all appropriate provisions of this article, paid the prescribed fee and posted the required bond.

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 15,463, § 9, 5-25-23)

A license issued under this division may be revoked by the director for any of the following reasons:

(1) Any violation of this article;

(2) Reserved;

(3) Any violation of a city ordinance or state law in connection with any soliciting by such license holder or in connection with:

a. The collection or attempted collection of any account due to such license holder; or

b. The repossession or attempted repossession of goods or merchandise sold by such license holder;

(4) Fraud, misrepresentation or incorrect statement made either in the application or in the course of carrying on the activity;

(5) Conducting the activity in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public;

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 15,463, § 10, 5-25-23)

(a) An applicant may appeal the decision of the director regarding a denial or revocation of a license by filing a written request for a hearing with the director within ten days after the director issues notice of the denial or revocation. The director's decision on the application or revocation shall be final unless an appeal is timely filed.

(b) An appeal shall not stay the director's decision on the issuance or revocation of a license.

(c) The written request for a hearing shall set out the grounds on which the denial or revocation is challenged. The hearing shall be conducted by the city council. At the hearing, the city council shall receive oral and written testimony regarding the application or revocation. Hearings shall be conducted under rules issued by the city council, which shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross-examine witnesses and be represented by legal counsel.

(d) The city council shall conduct the hearing within 30 days after receipt of the written request for a hearing unless an extension of time is granted by the city council. The city council shall render a written decision and issue notice thereof within ten days after the conclusion of the hearing. The written decision of the city council shall be final and binding.

(Ord. No. 9829, § 3, 7-8-04)

(a) It shall be unlawful for any person to engage in any activity for which a license is required by this division unless he prominently displays the license on his person.

(b) The license shall remain displayed as long as any goods, merchandise, or services are being sold or exhibited.

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 15,463, § 11, 5-25-23)

Itinerant merchant license. All itinerant merchant licenses issued under this division shall be valid from the date shown thereon for a period of 90 consecutive calendar days, unless sooner revoked as provided in this division.

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 12,267, § 2, 6-13-13; Ord. No. 15,463, § 12, 5-25-23)

A license issued under this division shall not be transferable nor shall it give authority to more than one person to conduct a business as an itinerant merchant.

(Ord. No. 9829, § 3, 7-8-04; Ord. No. 15,463, § 13, 5-25-23)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Charity or charitable, educational, patriotic or philanthropic purpose means the use, actual or represented, of money or property for:

(1) The benefit of any poor, underprivileged, needy, sick or handicapped person;

(2) The benefit of any church, congregation, religious society or other religious group or order;

(3) Patriotic purposes such as the teaching of patriotism;

(4) The benefit of any veteran or veteran's organization or association;

(5) The defense or general welfare of the United States or any state or nation;

(6) The relief of any race or group of people;

(7) Civic purposes such as social or cultural functions or the improvement or beautification of any state, city, or community;

(8) The benefit of any fraternal or social organization or any member or group of members of such an organization; or

(9) The benefit of existing educational institutions or for the establishment or endowment of educational institutions or for the aid and assistance in the education of any person or group of persons.

Charitable solicitations campaign means any course of conduct whereby a:

(1) Person shall solicit money or property on the plea or representation that the proceeds therefrom are for any charitable, educational, patriotic or philanthropic purpose;

(2) Corporation chartered under the Texas Nonprofit Corporation Act or any of its agents, solicits money or property; or

(3) Person shall solicit money or property for an organization that is organized for any charitable, educational, patriotic or philanthropic purpose.

Cost of fundraising means all costs incurred in raising the funds solicited.

Organization includes associations, clubs, societies, firms, partnerships and corporations, as well as individuals or groups of individuals.

Professional promoter or professional solicitor means a person who, for compensation, plans, promotes, conducts, manages, carries on or makes solicitations for any charitable solicitations campaign. A bona fide officer or regular employee of a charitable, educational, patriotic or philanthropic organization shall not be deemed a professional promoter or professional solicitor because of his participation in a charitable solicitations campaign by or on behalf of his employer.

Solicit or solicitation means the following methods of securing or attempting to secure money or property:

(1) Any oral or written request;

(2) The distribution, circulation, posting or publishing of any handbill, written advertisement or publication; or

(3) The sale or the offer or attempt to sell any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing.

A solicitation shall be deemed completed when made, whether or not the person making the solicitation receives any money or property or makes any sale.

(Code 1967, § 22-21; Ord. No. 5430, § 1, 1-11-90)

Public safety organizations, independent promoters and public safety publications as defined in Vernon's Ann. Civ. St. art. 9023c are exempt from this article.

It shall be unlawful for any person or organization to engage in a charitable solicitation campaign except between the hours of 10:00 a.m. and 9:00 p.m.

(Code 1967, § 22-32; Ord. No. 5430, § 1, 1-11-90)

It shall be unlawful to conduct any charitable solicitations campaign in the city unless the person, organization, society, association or corporation conducting such campaign and responsible therefor shall first have obtained the permit in compliance with this article. However, except to the extent stated in this section, this article shall not apply to the following:

(1) Any organization that solicits funds solely from its own voting members, not using public streets or public places for such purposes. As used in this subsection, the term "members" means those persons who, for the payment of fees, dues or other such assessments, receive a bona fide right, privilege, professional standing, honor or other direct benefit, in addition to the right to vote, elect officers or hold office;

(2) Any organization whose receipts from solicitations does not exceed $1,000.00 annually; or

(3) 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 written permission of the person who owns or controls the premises.

(Code 1967, § 22-23; Ord. No. 5430, § 1, 1-11-90)

A permit to conduct a charitable solicitations campaign in the city shall be granted only after an application for such purpose has been filed with the city clerk not less than 15 days prior to the initiation of the proposed campaign and, after review, has been approved by the city clerk. Such application shall be sworn to by the applicant and shall contain the following information:

(1) The full name and city address of the organization applying for the permit to solicit, and if the organization is a chapter or other affiliate of an organization having its principal office outside the city, the name and address of the parent organization;

(2) The names and addresses of all officers and directors or trustees of the organization. In addition, the organization shall be required to furnish the name and city of residence of all officers, directors or trustees of the parent organization, if any;

(3) The purpose for which the gross receipts derived from such charitable solicitations campaign are to be used;

(4) The name of the person by whom the receipts of such solicitations shall be disbursed; if the receipts are transmitted to the parent organization for further disbursement of all funds, a detailed and complete financial statement of the parent organization for the last preceding fiscal year;

(5) The name and address of the person who will be in charge of conducting the charitable solicitations campaign in the city;

(6) An outline of method to be used in conducting the charitable solicitations campaign;

(7) The period within which such charitable solicitations campaign shall be conducted, including the proposed date for the beginning and end of such campaign;

(8) The total amount of funds proposed to be raised;

(9) The amount of all salaries, wages, fees and commissions, expenses and costs to be expended and the approximate percentage of funds to be collected that will go to charity and the approximate percentage that will go for fundraising;

(10) If a professional promoter or professional solicitor is used by the organization and the professional promoter or professional solicitor is to receive payment or benefit for such services out of the funds collected, such facts must be stated in the application, and there must be a written agreement between the organization and the promoter or solicitor which contains all the terms and conditions of the arrangement and expressly sets out any payment or benefit to be paid to the promoter or solicitor, and a copy of such agreement must be filed with the application;

(11) The names of all officers, directors or trustees present when the decisions were made in reference to subsections (3) and (4) above;

(12) A detailed and complete statement of the funds, if any, collected by the applicant during the preceding year from a charitable solicitations campaign, which were the same or substantially the same as those for which the applicant is seeking a permit, such statement to show the amount collected, the cost of fundraising, the percentage that went to charity and the final distribution thereof. Annual reports of the applicant, if deemed to be in sufficient detail by the city clerk, may be filed in lieu of a separate campaign statement;

(13) A full statement of the character and extent of the charitable, educational, patriotic or philanthropic work done by the applicant within the city during the preceding year;

(14) If the applicant is a charitable corporation, a copy of its charter or articles of incorporation; if the applicant is a foreign corporation, a copy of its certificate to do business in this state; and

(15) If the applicant is a charitable corporation or other organization, proof of its current status as an organization to which contributions are tax deductible for federal income purposes.

(Code 1967, § 22-24; Ord. No. 5430, § 1, 1-11-90)

In addition to the application required in section 74-127, all applicants must submit to the city clerk letters of authorization from all charities benefiting directly or indirectly from the charitable solicitation campaign conducted by the applicant. If the applicant is the charity to be benefited, the applicant shall identify by name, address and telephone number the recipients of its charitable acts, unless such charitable acts are performed upon the premises, in which case the city may enter the premises to verify that the indicated charitable acts are being performed.

(Code 1967, § 22-25; Ord. No. 5430, § 1, 1-11-90)

No application for a permit to conduct a charitable solicitations campaign in the city shall be granted or refused until it is reviewed by the city clerk for compliance with this article.

(Code 1967, § 22-22; Ord. No. 5430, § 1, 1-11-90)

The city clerk shall issue the permit required under this division upon proper application, but shall reject the permit if:

(1) One or more of the statements made in the application are not true;

(2) The applicant or person in charge of the charitable solicitations campaign has been convicted of a misdemeanor involving moral turpitude or a felony or that the applicant or such person has made or caused to be made false statements or misrepresentations in the application or has in any way publicly represented that the permit is an endorsement or recommendation of the cause on which the charitable solicitations campaign is being conducted or has otherwise violated any of the terms of the permit or this article;

(3) The applicant has failed to keep or observe any promised agreement, representation or commitment with regard to the allocation of funds or methods of solicitation made to the city in connection with any previous application or has otherwise violated the terms of this article under a previous permit;

(4) The applicant's campaign, as described in the application to the city clerk, fails to comply with all applicable state and federal laws and city ordinances;

(5) The applicant failed to fully complete all the information required on the application; or

(6) The applicant failed to adequately document his financial objectives and expenses.

(Code 1967, § 22-26; Ord. No. 5430, § 1, 1-11-90)

Charitable solicitation permits are valid only for the period specified in the permit. Permits will be issued for a period of up to one year.

(Code 1967, § 22-27; Ord. No. 5430, § 1, 1-11-90)

No permit issued under this division shall be assigned. Nothing in this section shall, however, prohibit a permittee from using a number of solicitors and representatives in conducting the solicitation.

(Code 1967, § 22-28; Ord. No. 5430, § 1, 1-11-90)

(a) Every person or organization issued a permit under this division shall furnish to the city clerk, within 30 days after the charitable solicitations campaign has been completed, a detailed report and a financial statement showing the amount of funds raised by the charitable solicitations campaign; the amount expended for cost of fundraising, including a detailed report of the wages, fees, commissions and expenses paid to any person in connection with such fundraising; and the disposition of the balance of the funds collected by the campaign. The report shall be sworn to by an officer of the permittee organization. However, the city clerk may extend the time for filing the report required by this subsection for an additional period of 30 days for good cause shown. The permittee shall make available to the city clerk all books, records and papers whereby the accuracy of the report required by this subsection may by investigated.

(b) All financial statements and reports and all applications submitted by an applicant or permittee and all determinations, findings and rulings involving accounting procedures made by the city clerk shall be prepared, made and interpreted in accordance with the standards and practices as set out in the book entitled Standards of Accounting and Financial Reporting for Voluntary Health and Welfare Organizations, Rev. Ed. 1988, National Health Council, National Social Welfare Assembly; provided, however, that such standards shall not apply to any organization whose annual gross receipts from charitable solicitations do not exceed $1,000.00. A copy of such book, authenticated by the signatures of the mayor and the city clerk, is on file in the city clerk's office.

(c) An organization which is granted an annual solicitation permit and which prepares an annual report and financial statement shall be permitted to furnish a copy of such report and statement to the city clerk within 60 days after the close of its fiscal year in lieu of the report required by subsection (a) of this section and, if the gross receipts from charitable solicitations of such organization exceeds $1,000.00, shall comply with the requirements of subsection (b) of this section.

(Code 1967, § 22-29; Ord. No. 5430, § 1, 1-11-90)

An applicant for a permit required under this division who is denied a permit by the city clerk shall be furnished a written statement indicating the reason the permit was denied within ten days after the denial. The applicant then has five days to file a written protest to the denial of the permit with the city clerk. Upon receipt of such written protest, the city clerk shall present the protest and information concerning the application and reasons for rejection to the city council for its review. If the protest is not considered by the city council within 15 days from the date the protest is filed, an interim permit shall be deemed issued under this division to the applicant by operation of law, subject to the same restrictions and obligations under which any permit under this division is issued.

(Code 1967, § 22-30; Ord. No. 5430, § 1, 1-11-90)

(a) Every person to whom a permit has been issued under this division shall furnish a copy of the permit and proper credentials to his agents and solicitors for such charitable solicitations campaign. On the face of the permit shall be a statement disclosing the percentage of the amount collected going to charity, as calculated under subsection 74-127(12). A current membership card in the organization conducting the solicitation shall suffice for such identification. It is unlawful for any person to solicit under any permit granted under this division without the credentials and permit copy required by this section. The credentials and permit shall be shown upon request to any person solicited and to any police officer or authorized agent of the city.

(b) It is unlawful for any person to conduct or participate in any charitable solicitation campaign, except under a valid permit issued in compliance with this division.

(Code 1967, § 22-31; Ord. No. 5430, § 1, 1-11-90)

(a) Applicability. This section does not apply to a person who is (i) conducting operations as an itinerant merchant or open air vendor if such person has a valid license pursuant to article II of this chapter for such operations; (ii) conducting a charitable solicitations campaign if such person has a valid permit pursuant to article III of this chapter for such campaign; or (iii) seeking a charitable solicitation as provided by V.T.C.A., Transportation Code § 552.007(a), if such person has been granted authorization by the city pursuant to V.T.C.A., Transportation Code § 552.0071 for such solicitation.

(b) Definitions. The following words, terms, and phrases when used in this section shall have the meanings ascribed to them in this subsection, unless the context of their usage clearly indicates another meaning:

Automated teller machine or ATM means a machine, other than a telephone or modem operated by a customer of a depository institution, through which a person may initiate an electronic fund transfer, as defined by 15 U.S.C. Section 1693a(6). The term includes a point-of-sale terminal or cash dispensing machine.

Fuel dispensing device means a pump or other machine utilized for dispensing fuel to motor vehicles for a fee.

Panhandle means obtain or seek to obtain by accosting or begging from someone.

Pay telephone means any coin-operated or credit or debit card reader operated telephone located on any public or private property that is accessible for public use.

Parking fee collection box means a device utilized to collect coins or currency as a charge for parking a motor vehicle on private property.

Parking meter means any coin-operated meter utilized to charge for parking a motor vehicle on public property.

Public place means any public indoor or outdoor facility, street, sidewalk, roadway, or other place that is open to the public.

Request means any imperative instruction, whether verbal or non-verbal, by a solicitee to a solicitor to desist the solicitation including, but not limited to, words or gestures such as "stop," "back off," "stay back," "get away," "leave me alone," or "withdraw."

Roadway means the roadbed, shoulder, median, curbs, safety zones, sidewalks, overpass structures, and utility easements located adjacent to or near the roadway.

Solicitation means the act of panhandling by seeking through a communication with another person, whether by gesture or verbally, goods or funds for food, personal favors, including, but not limited to trips, transportation, or clothing, drink, lodging, or vehicle fare, or any other purpose.

Solicitee means any individual to whom a solicitor directs a solicitation.

Solicitor means any person who engages in the act of solicitation.

Vending machine means any coin-operated, automatic machine that dispenses goods or merchandise.

(c) Regulated conduct.

(1) Immediately upon any request from a solicitee to a solicitor, a solicitor, who is in a public place at the moment the request is made, shall discontinue all efforts to engage in the solicitation.

(2) No solicitor shall engage in solicitation within a distance of 50 feet from any ATM, pay telephone, parking meter, parking fee collection box, vending machine, or fuel dispensing device.

(3) No solicitor shall stand in a roadway to solicit a ride, contribution, employment, or business from an occupant of a vehicle, except that a person may stand in a roadway to solicit a charitable contribution if authorized to do so by the local authority having jurisdiction over the roadway and in accordance with V.T.C.A., Transportation Code § 552.0071.

(d) Distance measurements. For the purposes of subsection (c)(2) of this section, distance shall be measured from any extension of the solicitor's body, including without limitation any sign or other object being used or carried by the solicitor, to any part of the physical structure of the ATM, pay telephone, parking meter, parking fee collection box, vending machine, or fuel dispensing device.

(e) Penalty for violation. Any person who knowingly or intentionally violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided by section 1-14 of this Code.

(f) Administrative rules. The police chief is authorized to promulgate such rules and regulations necessary for the implementation and administration of this section.

(Ord. No. 11,141, § 1, 6-25-09; Ord. No. 12,006, §§ 2—4, 8-23-12)