23-931ORDINANCENO. 23-931
AN ORDINANCE OF THE CITY OF DENTON AMENDING THE PROVISIONS OF CH. 21ART. 1 SEC 21.6 OF THE CODE OF ORDINANCES “PROHIBITED ACTS” TO INCLUDE
AN OFFENSE TITLED “AGGRESSIVE SOLICITATION” OUTLINING PROHIBITED ACTS;PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;PROVIDING FOR A PENALTY; PROVIDING FOR CODIFICATION; AND PROVIDING ANEFFECTIVE DATE.
WHEREAS, the City is amending Ch. 21 Section 21-6. title from “Section 21-6. Prohibited
Acts” to “Section 21-6. Prohibited Acts: Aggressive Solicitation”; and
WHEREAS, the City is amending Ch. 21 Section 21-6. by incorporating Part A.Definitions including definitions for “Aggressive Manner” and “Solicit or solicitation” and by
outlining prohibited acts; and
WHEREAS, the City is amending Ch. 21 Section 21-6. by incorporating Part B. outlining
prohibited acts and providing for a penalty; and
WHEREAS, the City Council of the City of Denton, finds that it is in the best interest of
public safety to prohibit aggressive solicitation; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Ch. 21 Section 21-6 of the Code of Ordinance is hereby amended as attached
hereto. The attached ordinance shall replace and supersede any previous Ch. 21 Section 21-6.
Prohibited Acts adopted by the City Council.
SECTION 2. If any section, article, paragraph, sentence, phrase, clause, or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in fullforce and effect.
SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the
provision of this ordinance are hereby repealed. The repeal of any ordinance or any portion thereof
by the preceding text shall not affect or impair any act done or right vested or accrued or any
proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect
and such shall remain in force for all intents and purposes as if such ordinance or part thereof so
repealed shall remain in force.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction,
be found guilty of a Class “C” misdemeanor and fined a sum not to exceed five hundred dollars
($500.00) for each violation.
SECTION 5. The City Secretary is hereby directed to record and publish the above
regulations in the City's Code of Ordinances.
SECTION 6. Pursuant to Section 2.09(c) of the Charter for the City of Denton, this
ordinance shall become effective fourteen (14) days from the date of this 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 newspaper of the City of Denton, Texas, within ten (10)
days of the date of its passage.
The motion to approve t.hisseconded by ChrIS h)4+Isordinance was m£deby <:;ff4FJ HyJ,<fejl and, the ordinance was passdd and approved
by the following vote U - a Aye Nay Abstain Absent
Mayor Gerard Hudspeth:L
U/Vicki Byrd, District 1 :
Brian Beck. District 2:a
\//Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :/-£Chris Watts, At Large Place 6:
PASSED AND APPROVED this the day of 2023
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, INTERIM CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella LunnDN: cn=Marcella Lunn, o, ou=City
,ttJj .com, c=USBY: AM I
Date: 2023.05.31 0991 :43 4)5'oa'
\JU\\ t &Str:: Icena .lunn@dtVddenton
Sec. 21-6. Prohibited acts: Aggressive Solicitation
A. Definitions: The following words and phrases used in this section shall have the following meanings unless
a different meaning clearly appears from the context:
AGGRESSIVE MANNER: To:
1. Intentionally make any nonconsensual physical contact with another person in the course of asolicitation; or
2. Approach or follow the person being solicited in a manner that is intended to cause a reasonable person
to be intimidated into responding affirmatively to the solicitation for fear of imminent bodily harm to oneself
or another; or damage to or loss of property; or
3. Continuing to solicit within five feet (5') of the person being solicited after the person has given or
expressed a negative response, if continuing the solicitation is intended to cause a reasonable person to be
intimidated into responding affirmatively to the solicitation for fear of imminent bodily harm to oneself or
another, or damage to or loss of property; or
4. Intentionally obstruct the safe or free passage of the person being solicited, causing the person,
including a person operating a vehicle, to move from his or her intended path to avoid reasonably imminent
nonconsensual physical contact with the person making the solicitation; or
5. Make any threatening statement or gesture immediately before or during the solicitation or after a
refusal to make a donation intended to cause a reasonable person to be intimidated into responding
affirmatively to the solicitation for fear of imminent bodily harm to oneself or another, or damage to or loss of
property.
SOLICIT OR SOLICITATION: To request, ask or beg, whether by words, bodily gestures, signs or other means,
for an immediate performance, donation of money or other thing of value, including the purchase of an item
or service for an amount far exceeding its value, under circumstances where a reasonable person would
understand that the purchase is a donation.
B. Prohibited Acts; Penalty: it shall be unlawful for a person to solicit in an aggressive manner. Any person
violating this section may be subject to prosecution for a Class C misdemeanor and a fine not to exceed $500.
(Ord. No. 2004-105, § 1, 4-6-04)
{Supp. No. 33, Update 3)
Created : 2022-08-08 15 :15: 22 [EST]
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