1995-159j:\~PDOCS\ORD\CHARIT3.0RD
AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 25-5 ("SOLICIT-
ING BUSINESS OR CHARITABLE CONTRIBUTIONS") OF THE CODE OF ORDINANC-
ES OF THE CITY OF DENTON; PROVIDING FOR A PERMITTING PROCEDURE FOR
SOLICITING CHARITABLE CONTRIBUTIONS; PROVIDING FOR A SEVERABILITY
PROVISION; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PRO-
VIDING FOR A PENALTY FOR VIOLATION THEREOF NOT TO EXCEED $500.00;
AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section 25-5 ("Soliciting Business or Charita-
ble Contributions") of the Code of Ordinances of the City of
Denton, Texas, is hereby amended to read as follows:
Sec. 25-5. Use of thoroughfares for soliciting.
It shall be unlawful for any person to be upon any
street or roadway or to be or go upon the shoulder or
median or any street or roadway for the purpose of solicit-
ing charitable contributions of any kind on or along the
side of the public streets in the City without having ob-
tained a permit to solicit charitable contributions from
the chief of police pursuant to Sec. 25-5.1 of this Code.
SECTION II. That the Code of ordinances, Denton Texas, is
hereby amended by adding a section, to be numbered Sec. 25-5.1
("Issuance of permits for use of roadways to solicit charitable
contributions") which section shall read as follows:
Sec. 25-5.1. Issuance of permits for use of roadways to
solicit charitable contributions.
(a) A charitable organization desiring to solicit for
charitable contributions upon the public streets of the
City, shall file, not less than five (5) days prior to the
solicitation drive with the chief of police, an application
for a permit, containing the following information:
(1) The name, address, and phone number of the
person(s) requesting the permit;
(2) The name and locations of the street(s) upon
which the solicitation is to occur;
(3) The date and time for the solicitation;
(4) The name of the charitable organization spon-
soring the solicitation and evidence of such
organization's charitable status;
(5) An executed copy of a hold harmless and indem-
nification agreement prepared by the office of the
city attorney.
(b) Within three (3) days of receipt of a proper applica-
tion for a permit as required by this section, the chief of
police shall approve and issue a permit to stand along the
roadway to solicit charitable contributions for the period
requested unless the chief of police determines that:
(1) One or more of the statements made in the
application is false; or
(2) The applicant has failed to fully complete all
the information required on the application.
(c) The chief of police shall immediately notify the ap-
plicant in writing, either personally or by mail, postage
pre-paid to the address listed on the application, of the
denial of a permit. Any person aggrieved by the action of
the chief of police in the denial of an application for
permit under this section shall have the right of appeal to
the City Council. Such appeal shall be taken by filing
with the city secretary, within ten (10) days after notice
of the action complained of has been mailed to such per-
son's last known address, a written statement setting forth
fully the grounds for the appeal. The Council shall set a
time and place for a hearing on such appeal within ten (10)
days, and notice of such hearing shall be given to the
appellant by mail, postage prepaid, to the address listed
on the application, at least five (5) days prior to such
hearing. Any decision and order of the Council on such
appeal which denies a permit requested shall be appealable
by the City to a court of competent jurisdiction. The City
shall file this appeal within five (5) days of the denial
with a request for an expedited hearing at which the city
shall bear the burden of justifying the denial of the
requested permit.
(d) All permits issued pursuant to this section shall be
valid for not more than three (3) consecutive days. An
applicant shall be allowed no more than two (2) such
permits per calendar year.
SECTION III. That the Code of Ordinances, Denton, Texas, is
hereby amended by adding a section, to be numbered Sec. 25-5.2
("Regulation of charitable solicitations") which section shall read
as follows:
PAGE 2
Sec. 25-5.2. Regulation of charitable solicitations.
Notwithstanding any provisions contained in Sec. 25.5 or
Sec. 25-5.1 of this Code, no person shall engage in the
following:
1. No person shall walk on the main traveled
portion of the roadway for the purpose of solicit-
ing funds.
2. No solicitation shall be permitted along
primary arterial roadways Monday through Friday
7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.
3. Solicitation shall be prohibited prior to 30
minutes after sunrise and after 30 minutes prior
to sunset of any day, Monday through Saturday, and
shall be prohibited at any time on any Sunday.
4. No one under the age of 14 years of age shall
solicit along primary arterial roadways.
5. No person shall solicit without wearing a
traffic safety vest and displaying a valid permit
upon their person.
6. No person shall be exempted from observing all
traffic regulations and pedestrian duties.
SECTION IV. That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the city of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION V. That all ordinances or parts of ordinances in force
when the provisions of this ordinance become effective which are
inconsistent or in conflict with the terms or provisions contained
in this ordinance are hereby repealed to the extent of any such
conflict and all other terms or provisions of such prior ordinances
not in conflict with the provisions of this ordinance, shall remain
in full force and effect.
SECTION VI. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding Five
Hundred Dollars ($500). Each day that a provision of this
ordinance is violated shall constitute a separate and distinct
offense.
PAGE 3
SECTION VII. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the city Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the city of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the l~-~day of ~,1995.
ATTEST: BOB CASTLEBERRY, MAYO~ ~
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 4