Ord 21-2016 7/19/2016
Ordinance No. __21-2016__
Ordinance amending Chapter 26, Business Regulations, at Article III,
Solicitors, to add aggressive solicitor regulations
WHEREAS, aggressive solicitation is disturbing and disruptive to residents and
businesses and contributes to the loss of access to and enjoyment of public places and
to a sense of fear, intimidation and disorder; and,
WHEREAS, aggressive solicitation includes approaching or following pedestrians,
repetitive soliciting despite refusals, the use of abusive or pro fane language to cause fear
and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and
vehicular traffic; and,
WHEREAS, the presence of individuals who solicit money from persons at or near
banks, automated teller machines, public transportation facilities, and crosswalks is
especially troublesome because of the enhanced fear of crime in a place that is confined,
difficult to avoid, or where a person might find it necessary to wait; and,
WHEREAS, this ordinance is intended to protect citizens from the fear and
intimidation accompanying certain kinds of solicitation, and not to limit a constitutionally
protected activity.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 26, Business Regulations, at Article III, Solicitors, is hereby
amended at Division 1., Generally, Section 26 -61, Definitions, so that such section shall
hereafter read as follows:
“Sec. 26-61. - Definitions.
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:
Aggressive manner means:
(a) Intentionally or recklessly making any physical contact with or touching
another person in the course of the solicitation without the person ’s consent;
(b) Following the person being solicited, if that conduct is:
i. Intended to or likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon prop erty in the
person’s possession; or
ii. Intended to or reasonably likely to intimidate the person being solicited
into responding affirmatively to the solicitation;
(c) Continuing to solicit a person within five feet of the person being solicited
after the person has made a negative response;
(d) Intentionally or recklessly blocking the safe or free passage of the person
being solicited or requiring the person, or the driver of a vehicle, to take evasive action to
avoid physical contact with the person making the solicitation;
(e) Using obscene or abusive language or gestures toward the person being
solicited;
(f) Approaching the person being solicited in a manner that:
i. is intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person’s possession; or
ii. is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation.
Automated Teller Facility means the area comprised of one or more automatic
teller machines, and any adjacent space that is made availa ble to banking customers.
Automated Teller Machine means a device, linked to a bank’s account records,
which is able to carry out banking transactions.
Bank means a bank, savings bank, savings and loan association, credit union,
trust company, or similar financial institution.
Bus means a vehicle operated by a transit authority for public transportation.
Check Cashing Business means a person in the business of cashing checks,
drafts, or money orders for consideration.
Public Area means an outdoor area to which the public has access and includes,
but is not limited to, a sidewalk, street, highway, park, parking lot, alleyway, pedestrian
way, or the common area of a school, hospital, apartmen t house, office building,
transport facility, or shop.
Solicit means to request, by the spoken, written, or printed word, or by other
means of communication an immediate or future donation or transfer of money or
another thing of value from another person, regardless of the solicitor’s purpose or
intended use of the money or other thing of value, and regardless of whether
consideration is offered. This definition does not include a demand for payment for
services rendered or good delivered.
Solicitor means any individual, firm or corporation who, either by telephone or in
person:
(a) Attempts to sell or take orders for the sale of goods, wares, services,
merchandise or personal property, including tickets for shows and books of coupons
which may be traded in for goods or services, for immediate or future delivery; or
(b) Collects or attempts to collect money, property or any item of value.”
2. Chapter 26, Business Regulations, at Article III, Solicitors, is hereby
amended at Division 1., Generally, by the addition of S ection 26-66, so that such section
shall hereafter read as follows:
“Sec. 26-66.
A person commits an offense if the person solicits:
(a) In an aggressive manner in a public area;
(b) In a bus, at a bus station or stop, or at a facility operated by a transporta tion
authority for passengers;
(c) Within 25 feet of:
i. An automated teller facility;
ii. The entrance or exit of a bank; or
iii. The entrance or exit of a check cashing business; or
(d) At a marked crosswalk;
(e) On either side of the street on a block where a school attended b y minors or
a child-care facility has an entrance or exit; or,
(f) The patio area of a bar or restaurant.”
3. Chapter 26, Business Regulations, at Article III, Solicitors, is hereby
amended at Division 2., Permit, at Section 26-94, Fees; Term, so that such section shall
hereafter read as follows:
“Sec. 26-94. – Fees; term.
(a) Each applicant for a solicitor permit shall be charged a fee established by
separate ordinance. If the applicant is other than an individual, the applicant will be
charged an additional fee f or each employee working as a solicitor under the permit. All
permits shall expire on the last day of the month one year from issuance.90 days after
the issuance date.
(b) Applicant may renew a permit within 15 days of the expiration of their permit
for a renewal fee as set by separate ordinance, with a maximum of three renewals per
calendar year.”
4. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
5. It is the intention of the City Council of the City of Wichita Falls, Texas, t hat
the provisions of this ordinance shall become a part of the Code of Ordinances of the City
of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
6. Should any word, phrase, paragraph, section or portion of this ordinance or
the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
PASSED AND APPROVED this the 19th day of July, 2016.
______________________________
M A Y O R
ATTEST:
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City Clerk