Leon Valley
TX

Ordinance
Ordinance 17-042

Discuss and Consider Possible Action Amending the City of Leon Valley Code of Ordinances, Article 4.05 and Section 1.02.003 to Remove All References to Handbill Distribution, Create a Separate Regulatory Code for Handbill Distribution Regulating the Time, Place and Manner for the Distribution of Handbills on Private and Public Property to Prevent Littering and Amend Appendix “A” Fee Schedule.

Information

Department:AdministrationSponsors:
Category:Policy

Attachments

  1. Printout
  2. City Council Item PPT template

Item Discussion

PURPOSE

 

The purpose of this ordinance is to amend the current regulation on the distribution of handbills and provide more comprehensive and stringent regulations. These new regulations shall prevent the unsightly distribution of newspapers, flyers and other types of commercial handbills onto private property without the property owners' permission, causing litter to be strewn throughout the neighborhood and surrounding areas.

 

SEE LEON VALLEY

 

Social Equity - It is equitable to keep the neighborhoods beautiful and inviting for the community and the visitors of the City of Leon Valley.

 

Economic Development - Clean neighborhoods and streets are more welcoming to potential property owners in the City.

 

Environmental Stewardship - It prevents litter and garbage from piling up and being windblown throughout the City.

 

FISCAL IMPACT

 

$100 Permit Application fee

$50-$500 Criminal penalty

 

 

Document Comments

RECOMMENDATION

 

Staff recommends regulating the time, place and manner for the distribution of handbills on private and public property to prevent littering and authorizing the amendment of Appendix "A" Fee schedule to include the Permit Application Fee.

 

Body

AN ORDINANCE AMENDING THE CITY OF LEON VALLEY CODE OF ORDINANCES, ARTICLE 4.05, PEDDLERS, SOLICITORS AND HANDBILL DISTRIBUTORS, SECTION 4.05.003 RESTRICTIONS, DIVISION 2 PERMIT, SECTION 4.05.044 PERMIT CARD, SECTION 4.05.046 ENFORCEMENT, SECTION 1.02.003 DATE OF EXPIRATION OF ANNUAL LICENSES AND PERMITS; PRORATION OF FEES TO REMOVE ALL REFERENCES TO HANDBILL DISTRIBUTION OF THE CITY OF LEON VALLEY CODE OF ORDINANCES; CREATING A SEPARATE REGULATORY CODE FOR HANDBILL DISTRIBUTION; AUTHORIZING THE REGULATION OF THE TIME, PLACE AND MANNER FOR THE DISTRIBUTION OF HANDBILLS; PROVIDING FOR PERMITS AND PERMIT FEES; PROVIDING FOR AN APPEALS PROCESS; PROVIDING FOR A PENALTY; AND AMENDING THE CITY OF LEON VALLEY CODE OF ORDINANCES, APPENDIX “A” FEE SCHEDULE, ARTICLE A7.000.

 

WHEREAS, distribution of handbills in the City of Leon Valley neighborhoods has become a nuisance; and

 

WHEREAS, said distribution causes litter in the neighborhood yards, streets, sidewalks and alleyways; and

 

WHEREAS, said litter is unsightly, a hazard to the environment and community and is a threat to the public health, safety and welfare of the citizens of Leon Valley; and

 

WHEREAS, said handbills may be distributed in alternative venues such as the library, grocery stores and any other outlet that provides a place for free literature; and

 

WHEREAS, Article 4.05 of the City of Leon Valley Code of Ordinances regulates the peddlers, solicitors and handbill distributors; and

 

WHEREAS, it is necessary to provide a more comprehensive regulation for the distribution of handbills to address the nuisance; and

 

WHEREAS, in order to provide a more comprehensive regulation, it is necessary to amend certain sections of Article 4.05 and Section 1.02.003 to remove any reference to handbill distribution; and

 

WHEREAS, it is now the desire of the City Council to amend Article 4.05 and Section 1.02.003 of the City of Leon Valley Code of Ordinances to remove all references to handbill distribution, create a separate regulatory code for handbill distribution and regulate the time, place and manner for the distribution of handbills and amend the City of Leon Valley Code of Ordinances, Appendix “A” Fee Schedule Article A7.000; NOW THEREFORE,

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, TEXAS THAT:

 

SECTION 1.              The amendment of Article 4.05 and Section 1.02.003 of the City of Leon Valley Code of Ordinances to remove all references to handbill distribution is hereby authorized by repealing and replacing the following language:

 

(a)              The title of Article 4.05 of the City of Leon Valley Code of Ordinances is hereby repealed and replaced with the following title:

 

“ARTICLE 4.05 PEDDLERS AND SOLICITORS”

 

(b)              The language in Section 4.05.003 is hereby repealed and replaced with the following:

 

“It shall hereafter be unlawful for any solicitors or canvassers of orders for services or merchandise, or for peddlers, itinerant merchants and transient vendors of merchandise to go in or upon the premises of any private residence in the city without a valid permit issued by the city, or go thereon with a permit prior to 10:00 a.m. or after 6:00 p.m., or at any time on Sundays, unless previously requested to do so by the owner or occupant of said private residence, for the purpose of soliciting orders for the furnishing of any service or for the sale of goods, services, wares and merchandise, or for the purpose of disposing of, contracting for, or peddling the.”

 

(c)              The language in Section 4.05.044 is hereby repealed and replaced with the following:

 

“The chief of police shall issue to each licensee, at the time of delivery of his license, a card which shall contain the words “City of Leon Valley, PEDDLER OR SOLICITOR PERMIT” and the period for which the license is issued and the number of the license, in letters and figures easily discernable. Such permit shall, during the time such licensee is engaged in soliciting, canvassing or peddling, be worn constantly by the licensee in front of his outer garment in such a way as to be conspicuous.”

 

(d)              The language in Section 4.05.046 is hereby repealed and replaced with the following:

 

“It shall be the duty of any police officer of the city to require any person seen soliciting, canvassing orders for services or merchandise, peddling, engaging as an itinerant merchant or transient vendor of merchandise going upon the premises of any private residence in the city without a valid permit, and who is not known by such officer to be duly licensed, or who is not wearing the required permit card, to produce his solicitor’s or canvasser’s license and to enforce the provisions of this article against any person found to be violating the same.”

 

(e)              The language in Section 1.02.003 is hereby repealed and replaced with the following:

 

“Unless otherwise specified in the ordinance or code provision, all annual licenses and permits issued under the provisions of this code shall expire on the 31st day of December in the year when issued. The fee for annual licenses and permits issued on and after February 1 each year shall be prorated, but no annual license shall be issued on and after November 1 each year, and monthly licenses shall thereafter be the license of greatest duration granted for the balance of said year. This provision shall include, without limitation, those contained in the following chapters: (1972 Code, sec. 1.1101; Ordinance adopting Code)

 

Article 3.02, division 4, Electricity.

 

Article 3.02, division 5, Plumbing.

 

Article 3.04, Signs.

 

Article 4.03, Alcoholic Beverages.

 

Article 4.05, Peddlers and Solicitors.

 

Chapter 6, Health and Sanitation.”

 

SECTION 2.              The regulation of the time, place and manner for the distribution of handbills, and the amendment of the City of Leon Valley Code of Ordinances, Appendix “A” Fee Schedule is hereby authorized.

 

SECTION 3.              Definitions.

 

A.  The following words and phrases, when used in this Ordinance, shall have the meaning ascribed to them by this Section:

 

1.   Business day means any calendar day except Saturday, Sunday or any state or national holiday.

 

2.  Charitable purpose shall mean philanthropic, religious or other nonprofit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans’ association or organization; the benefit of any fraternal, social or civil organization, or the benefit of any educational institution. “Charitable purpose” shall not be construed to include the direct benefit of the individual making the solicitation. “Charitable purpose” shall not be construed to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law.

 

3.   Consumer means an individual who seeks or acquires real or personal property, services, money, or credit for personal, family or household purposes.

 

4.              Consumer transaction means a sales transaction in which one (1) or more of the parties is a consumer.

 

5.              Deposit or Depositing a Handbill means to place, distribute, handout, or circulate any type of handbill.

 

6.              Handbill, Commercial means and includes any printed or written matter, any sample or devise, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original copies of any matter or literature, which:

 

              a.              advertises for sale any merchandise, product, commodity, service, or thing;

 

              b.              directs attention to any business, mercantile, commercial establishment, or other activity for the purpose of either directly or indirectly promoting the interest thereof;

 

              c.              directs attention or advertises any meeting, theatrical performance, exhibition, group, fundraiser, or other event whether the purpose of directing attention and advertising is for private gain or for raising funds for a charitable purpose; or

 

              d.              contains information that is of a noncommercial nature, but remains predominantly and essentially an advertisement, and is distributed or circulated for advertisement purposes, for private gain, or for raising funds for a charitable purpose.

 

7.              Handbill, Noncommercial means and includes any printed or written matter, any sample or devise, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original copies of any matter or literature, pertaining to any speech not included in the definition of commercial handbill. Noncommercial handbills include, but are not limited to, handbills containing exclusively political and religious speech.

 

8.              Handbill distributor means and includes any person engaging or engaged in the business for hire or gain of distributing commercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such commercial handbills.

 

9.              Handbill sponsor means and includes the person, firm, or corporation who is utilizing commercial handbills as a medium of advertising or spreading a message.

 

10.              Individual or person shall mean an individual, a person, a group of two (2) or more individuals, a proprietorship, a partnership, a corporation, a limited liability company, an association, or other legal entity.

 

11.              Job placement activities means any request, offer, enticement, or action which announces the availability for or of employment or seeks to secure employment. As defined herein, “job placement activities” shall be deemed complete when made whether or not an actual employment relationship is created.

 

12.   Merchant means a party to a consumer transaction other than a consumer.

 

13.   Residence means any living unit, occupied for residential purposes by one (1)

or more persons, contained within any type of building or structure.

 

SECTION 4.              Distribution on or in private property:

 

(a)              Generally. It shall be unlawful for any person to throw, cast, distribute, deposit, scatter, pass out, give away, circulate or deliver any handbill, dodger, circular, paper, booklet, poster or any printed matter or literature, in the yard or grounds of any house, building, structure, or on any porch or doorstep or vestibule, or in any public hallway thereof, or upon any vacant lot, or other private property, without having first obtained permission of the owner, or of an adult resident or occupant thereof.

 

(b)              Samples, devices, etc. It shall be unlawful for any person to throw, cast, distribute, deposit, scatter, pass out, give away, circulate or deliver any advertising literature of any kind, or any advertising sample or device, in the yard or grounds of any house, building, structure, or on any porch or doorstep, or vestibule, or in any public hallway thereof, or upon any vacant lot, or other private property, without having first obtained permission of the owner, or of an adult resident or occupant thereof.

 

SECTION 5.              The provisions of this Ordinance shall not apply to the following:

 

(a)              The distribution of mail by the United States Postal Service and newspapers for which the premise’s occupant has subscribed are hereby exempt, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property;

 

(b)              Persons or organizations engaged in the distribution or dissemination of information by the City or of political or religious information;

 

(c)              The interruption of service notices by utility companies;

 

(d)              The service of any lien foreclosure;

 

(e)              Governmental notices of any character distributed by the City of Leon Valley or any other governmental entity; or

 

(f)              Any exceptions authorized by state law.

 

SECTION 6.              Alternatives for distribution:

 

Distribution of free magazines to public libraries, retail stores, grocery stores, convenience stores, clothing stores, restaurants, gyms, yoga studios, small markets, health food stores, community resource centers, music stores, record stores, coffee houses, internet cafes, pharmacies, night clubs, outdoor racks, spas, movie theaters, etc. if permitted by owner or authorized manager, is not prohibited.

 

SECTION 7.              Permits Required for Commercial Handbill Distribution.

 

A.              Except as otherwise provided, a permit is required for an individual to personally, or through an agent or employee:

 

              1.              Distribute any commercial handbill in or upon another’s property.

 

B.              A permit is not required for:

 

              1.     The distribution of noncommercial handbills.

             

SECTION 8.              Application for Permit.

 

A.     Permit application must be submitted in writing to the City of Leon Valley Community Development Department (“Community Development Department”) and shall include the following:

 

              1.              The name of the person applying, their residence and business addresses and their residence and business telephone numbers.

 

              2.              If different from the person applying, the name of the handbill sponsor if the permit is for the purpose of distributing commercial handbills.

 

              3.     In regards to any handbill sponsor and/or merchant, the following:

 

                            a.              If a natural person, the business and residence addresses and telephone numbers.

 

                            b.              If a partnership: (i) the names of all partners; (ii) the name, principal business address; (iii) telephone number of the partnership and the agent for service of process; and (iv) the state of formation.

 

                            c.              If a corporation or limited liability company, the person applying must state:   (i) the mailing address and telephone number of the principal place of business and the registered agent; (ii) the mailing address, business location, telephone number and name of the individual in charge of the local office of such entity, if any, (iii) the names of all officers and directors or trustees of such corporation, or of all members (if member managed), managers and officers of such limited  liability company;  and (iv) the state of incorporation or formation.

 

                            d.              If an association or any other entity, the person applying must state: (i) the mailing address and telephone number of the principal place of business and the agent for process of service; (ii) the names of all members/owners of the association unless they exceed ten (10) in number, in which case the application shall so state and the person registering may alternatively list the names and business addresses and telephone numbers of the officers and directors or trustees of the association; and (iii) if the association is part of a multi-state organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office.

 

                            e.              The Community Development Department may request satisfactory documentation of an individual’s authority to represent the partnership, corporation, association or business entity.

 

              4.              The names, mailing address, and telephone number of all individuals who will be in direct charge or control of the distribution of commercial handbills and responsible for ensuring compliance with this Ordinance.

 

              5.              The time period within which the distribution of commercial handbills is to be made, giving the date of the beginning of distribution, and its concluding date.

 

              6.              A description of the methods and means by which the distribution of commercial handbills is to be accomplished.

 

              7.              The names of other communities in which the applicant has distributed commercial handbills in the past six (6) months.

 

              8.              A statement to the effect that if a permit is granted, such permit will not be used or represented to be an endorsement or approval by the City or any of its officers or employees.

 

              9.              Any other information which the City deems necessary for the administration of this Ordinance.

 

B.              Each applicant shall appear in person and provide proof of identification through submission of a valid driver’s license or other valid, official photo identification deemed acceptable by the Community Development Department.

 

C.              Information provided by the applicant in accordance with the provisions of this

Ordinance shall be subject to verification by the Community Development Department.

 

D.              All applications, whether or not permit is issued, shall be considered public record and shall be available for inspection by members of the public during regular business hours and copies may be obtained at a cost in accordance with the Texas Public Information Act. Redactions of personal identification numbers may be required under state law.

 

 

SECTION 9.              Permit Fee & Exemptions.

 

A.              Except as otherwise provided, every application shall be accompanied by a nonrefundable application fee in the amount of One Hundred and no/100 Dollars ($100.00) and such fee will not be refunded if a permit is not issued. No permit provided for by this Ordinance shall be issued until such fee has been paid by the applicant, unless an exemption applies.

 

B.              The following applicants are not required to pay a permit fee:

 

              1.              Individuals operating under licenses granted by a state agency.

 

              2.              A duly authorized, nonprofit, “charitable organization”, as defined in Section 84.003(1) of the Texas Civil Practice and Remedies Code, as it exists or may be amended, and registered as such with the Secretary of State of Texas or the Internal Revenue Service, seeking to use such permit for charitable purposes only. Proof of such registration status must be provided to the City upon application.

 

SECTION 10. Permit Issuance, Denial, Duration, and Form.

 

A.              When an application is filed with the Community Development Department, the Community Development Department shall review the application.

 

B.              The Community Development Department shall approve the application and issue the permit unless:

 

              1.              the application fails to comply with a provision of this Ordinance;

 

              2.              a previous permit issued under this Ordinance was revoked within the past twelve months;

 

              3.              the Community Development Department determines that the applicant has been convicted of a felony;

 

              4.              the Community Development Department determines that the applicant has furnished false information or identification; or

 

              5.              the applicant has a warrant issued for their arrest.

 

C.              The Community Development Department shall notify the applicant of its decision to approve or deny a permit application within ten (10) business days of the receipt of the application. Notification of the decision shall be given in writing and either sent via U.S. mail to the applicant’s address as listed on the permit application or delivered to the applicant in person.

 

 

D.              If the application was turned in as incomplete, the Community Development Department shall not grant or deny the application but shall return the application with an explanation of what additional information/documentation is necessary to process the application. The incomplete application and explanation shall be sent within ten (10) business days of the receipt of the application to the applicant’s address as listed on the permit application or it shall be delivered to the applicant in person.

 

E.              A permit requested under this Section shall be issued for the length of time requested, not to exceed six (6) months.  Upon expiration of a permit, no extensions shall be granted.  To be issued a new permit, the applicant must reapply with the Community Development Department and pay the application fee.

 

F.              The City shall prescribe the form of the permit. The permit may contain a photo of the applicant. The following shall be printed prominently on each permit: “The issuance of this permit is not an endorsement by the City of Leon Valley or any of its officers or employees.”  Each permit shall bear a permit number that corresponds with the City’s files containing the application filed by the applicant.

 

SECTION 11. Permit Suspension or Revocation.

 

A.              If a permit holder fails to comply with this Ordinance, the Community Development Department will take the following action:

 

              1.              For a first offense under this Ordinance, any permit issued hereunder to the offender shall be suspended for a period not to exceed thirty (30) days. The Chief of Police, or his/her designee, shall determine the number of days of the suspension.

 

              2.              For a second offense under this Ordinance within a twelve (12) month period, any permit issued hereunder to the offender shall be revoked, and such offender shall not be eligible to apply for another permit for a period of twelve (12) months from the date of revocation.

 

B.              If a permit holder is arrested and charged with a felony, the permit shall be suspended until final disposition of the criminal charges.

 

              1.              Upon conviction or acceptance of deferred adjudication by the court, the permit shall be revoked.

 

              2.              If the permit holder is found innocent or the charges dismissed, the suspension of the permit shall be lifted.

 

C.              Upon suspension or revocation, the permit holder shall tender the permit to the Leon Valley Police Department until completion of the suspension or successful appeal of the suspension or revocation.

 

 

SECTION 12. Appeal from Denial, Suspension or Revocation.

 

Should an applicant be denied a permit or have a permit suspended or revoked, he/she may appeal that action to the City Manager by submitting a letter within ten (10) business days of the denial, suspension or revocation. The City Manager, or his/her designee, shall review the appeal at a staff level and make a determination within ten (10) business days of receiving the appeal request and shall have the authority to uphold or reject the action complained of and order that the permit be granted or reinstated. However, should the City Manager uphold the denial, suspension or revocation, he/she shall schedule a hearing before the City Council at a regular or special meeting within thirty (30) days of the denial, unless the applicant withdraws the appeal in writing. Such hearing shall be an administrative hearing, and adherence to formal rules of evidence shall not be required. The decision of the City Council may be appealed as allowed by law to any court with jurisdiction.

 

SECTION 13. Handbill Distributor’s Identification.

 

Each Handbill Distributor shall carry with him/her and produce upon the request of any citizen, city employee, or city official, the following information and identification.

 

              1.              The permit issued by the City of Leon Valley pursuant to this Ordinance;

 

              2.              A copy of the valid state sales tax certificate, if applicable; and

 

              3.              A valid driver’s license or other valid, official photo identification.

 

SECTION 14. Distribution.

 

A.              Except as otherwise prohibited, the distribution of any Handbill, including Noncommercial and Commercial Handbills may only be distributed by:

 

              1.              handing the Noncommercial Handbill or Commercial Handbill directly to the owner, occupant, or any other person then present in or upon such premises;

 

              2.              depositing the Noncommercial Handbill or Commercial Handbill in a secure manner to prevent such handbill from being blown or drifting about the premises, except that mailboxes may not be used when prohibited by federal postal laws or regulations.

 

B.              An individual, directly or through an agent or employee, may not:

 

              1.              Throw, cast or scatter any Commercial Handbill or Noncommercial Handbill, or leave any Commercial Handbill or Noncommercial Handbill unattended that is not securely affixed to the place of deposit.

 

 

              2.              Distribute Commercial or Noncommercial Handbills at a place of residence during the following hours unless invited to do so by the occupant or owner of the residence:

 

              Monday - Friday:              Before 9:00 a.m. (Daylight saving time) -              After 7:00 p.m.

 

              Monday - Friday:              Before 9:00a.m. (Standard time) - After 6:00 p.m.

 

              Saturday and Sunday:      Before 10:00 a.m. - After 5:00 p.m.

 

              3.              Distribute Commercial Handbills after the revocation or expiration of any permit issued or during the suspension of any permit issued, as hereinafter provided.

 

              4.              Distribute Commercial Handbills for a purpose other than what was represented in the application upon which the permit was issued.

 

              5.              Represent that the issuance of a permit by the City constitutes an endorsement or approval of the distribution by the City or its officers or employees.

 

              6.              Distribute any Commercial Handbill or Noncommercial Handbill in or upon any premises which is temporarily or continuously uninhabited or vacant.

 

              7.              Distribute any Commercial Handbill or Noncommercial Handbill upon any premises if requested not to do so by the owner, occupant, or any other person then present in or upon such premises, or if there is placed on such premises in a conspicuous place upon or near the main entrance of the residence or premises, a card as provided in Section 12 (Exhibiting Card Prohibiting Handbills of any Type).

 

              8.              Distribute any Commercial or Noncommercial Handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the name, address and telephone number of the Handbill Sponsor who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true name and addresses of the owners, managers, or agents for the fictitious person or club sponsoring such commercial handbill shall also appear thereon.

 

              9.              Employ, hire, request, direct or cause, directly or indirectly, another person who does not have a permit to distribute commercial handbills within the City.

 

              10.              Distribute commercial handbills under the direction of another and not have a supervisor who can arrive at the location where the person is distributing the handbills within ten (10) minutes of being requested to appear, by the police or otherwise.

 

              11.              Direct someone else to distribute commercial handbills and not provide a supervisor who can arrive at the location where the person is distributing the handbills within ten (10) minutes of being requested to appear, by the police or otherwise.

 

              12.              Allow a person or use a permit issued in another person’s name or to use a permit issued in another person’s name.

 

SECTION 15. Exhibiting Card Prohibiting Handbills of Any Type.

 

A.              A person desiring that no merchant or other person engage in distribution of commercial handbills, noncommercial handbills at his/her premises shall exhibit, in a conspicuous place upon or near the main entrance to the premises (including but not limited to entrances to: an apartment unit, building or complex; a single- or multi-family residential structure; private sidewalks; a development with private streets; or areas maintained by a property owner’s association) a weatherproof card, not less than three (3) inches by four (4) inches in size bearing the words, “no advertisements”, “no trespassing” or “no handbills”, to indicate that the occupants of such premises do not desire to have a handbill of any type left upon the premises. The letters on such cards shall not be less than two-thirds (2/3) of an inch in height.

 

B.              Every person upon going onto any premises shall first examine the premises to determine if any notice prohibiting distribution of commercial handbill or noncommercial handbill distribution is exhibited upon or near the main entrance to the premises. If notice prohibiting commercial handbill or noncommercial handbill distribution is exhibited, the person shall immediately depart from the premises without disturbing, placing, or depositing any type of handbill or disturbing the occupant, unless the visit is the result of a request made by the occupant.

 

C.              No person shall go upon any premises and ring the doorbell, or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the premises, for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a distribution transaction, if a card, as described in this Section, is exhibited in compliance with this Section, unless the visit is the result of a request made by the occupant.

 

D.              No person, other than the owner or occupant of the premises, shall remove, deface, or render illegible, a card placed by the occupant pursuant to this Section.

 

E.              Any merchant or person who has gained entrance to a premise, or audience with the occupant, whether invited or not, shall immediately depart from the premises without disturbing the occupant further when requested to leave by the occupant.

 

SECTION 16. Penalty.

 

Any owner, person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a Class C misdemeanor as defined in the Texas Penal Code, and upon conviction thereof shall be fined a sum not less than Fifty and no/100 Dollars ($50.00) and not more Five Hundred and no/100 Dollars ($500.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Leon Valley from filing suit to enjoin the violation. Leon Valley retains all legal rights and remedies available to it pursuant to local, state and federal law.

 

SECTION 17. Appendix "A" Fee Schedule Article A7.000 Peddlers, Solicitors and Handbill Distributors is hereby amended to add Section A7.003 “Handbill Distributors Application Permit Fee” as follows:

 

Section A7.003 Handbill Distributors Application Permit Fee

 

(a)              Handbill distributors permit fee (per application): $100.00

 

SECTION 18. Should any article, section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City of Leon Valley hereby declares that it would have adopted this Ordinance, and each article, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one of or more article, section, subsection, sentence, clause or phrase be declared unconstitutional or invalid.

 

SECTION 19.  All provisions of any ordinances in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.

 

SECTION 20.  In addition to and accumulative of all other penalties, the City of Leon Valley shall have the right to seek injunctive relief for any and all violations of this Ordinance.

 

SECTION 21.  This ordinance is effective immediately upon passage by four (4) affirmative votes; otherwise it is effective on the tenth day after passage hereof.

 

Meeting History

Aug 1, 2017 6:00 PM  City Council Regular Meeting

City Attorney Denise Frederick presented the item to amend the current regulation on the distribution of handbills and provide more comprehensive and stringent regulations. The new regulations shall prevent the unsightly distribution of newspapers, flyers and other types of commercial handbills onto private property without the property owners' permission, causing litter to be strewn throughout the neighborhood and surrounding areas.

City Attorney Frederick stated that staff recommends regulating the time, place and manner for the distribution of handbills on private and public property to prevent littering and authorizing the amendment of Appendix "A" Fee schedule to include the Permit Application Fee.

A motion was made by Council Member Monica Alcocer and seconded by Council Member Belinda Ealy to adopt the ordinance as presented.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Monica Alcocer, Council Place 3
SECONDER:Belinda Ealy, Council Place 2
AYES:Benny Martinez, David Edwards, Belinda Ealy, Monica Alcocer, David Jordan

Discussion