O602ORDINANCE NO. 602
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
CHAPTER 12, "MISCELLANEOUS PROVISIONS AND OFFENSES" OF
THE CITY OF KENNEDALE CODE, AS AMENDED, BY ADDING A NEW
SECTION 12 -9, "SOLICITATION;" DEFINING TERMS; ESTABLISHING
SOLICITATION -FREE ZONES; PROHIBITING OUTDOOR
SOLICITATIONS IN SOLICITATION -FREE ZONES; PROVIDING
EXCEPTIONS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a home rule city acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code;
WHEREAS, the City Council finds that solicitations conducted in outdoor areas of
high pedestrian traffic create a safety hazard and an increased potential for criminal
activity against persons using businesses, stores, shopping centers, restaurants, clubs,
performance halls, parking lots and other venues and facilities associated with retail or
entertainment, since those persons often have their attention distracted from their
surroundings, sometimes with cash conspicuously in their possessions, thereby making
them more vulnerable to and intimidated by solicitors; and
WHEREAS, solicitations conducted in outdoor areas of high pedestrian traffic
discourage persons from coming to the areas, thereby hindering the city's goal of
promoting tourism, pedestrian traffic, economic development, and residential
development; and
WHEREAS, the City Council finds that businesses, stores, shopping centers,
restaurants, clubs, performance halls, parking lots and other venues and facilities
associated with retail sales or entertainment in the City should be declared as
solicitation -free zones to encourage tourism, pedestrian traffic, economic development,
and residential development in those areas and to otherwise further public health,
safety, and welfare; and
WHEREAS, the City Council finds that regulations addressing all these concerns
are in the best interest of the health, safety and welfare of the citizens of Kennedale;
and
WHEREAS, it is the intent of the City Council to not infringe on any rights
protected by First and Fourteenth Amendments to the United States Constitution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS THAT:
SECTION 1.
The Kennedale City Code is hereby amended by adding a section, to be
numbered Section 12 -9, "Solicitation" of Chapter 12 "Miscellaneous Provisions and
Offenses," which section reads as follows:
"Sec. 12 -9. Solicitation.
(a) Definitions. In this section:
(1) Aggressive or intimidating manner means:
a. to approach or speak to a person in such a manner as would cause
a reasonable person to believe that the person is being threatened
with:
1. imminent bodily injury; or
2. the commission of a criminal act upon the person or another
person, or upon property in the person's immediate
possession; or
b. to persist in a solicitation after the person solicited has given a
negative response; or
C. blocking the path of a person who is the object of the activity; or
d. following behind, ahead, or alongside a person who walks away
from the solicitor after being solicited, approached, accosted or
offered a handbill, leaflet or any other item.
(2) Automated teller machine means a machine, other than a telephone:
a. that is capable of being operated by a customer of a financial
institution;
b. by which the customer may communicate to the financial institution
a request to withdraw a benefit for the customer or for another
person directly from the customer's account or from the customer's
account under a line of credit previously authorized by the financial
institution for the customer; and
C. the use of which may or may not involve personnel of a financial
institution.
(3) Exterior public pay telephone means any coin or credit card reader
telephone that is:
a. installed or located anywhere on a premises except exclusively in
the interior of a building located on the premises; and
b. accessible and available for use by member of the general public.
(4) Public transportation stop means an area officially marked and designated
as a place to wait for a bus, a light rail vehicle, or any other public
transportation vehicle that is operated on a scheduled route with
passengers paying fares on an individual basis.
(5) Self - service car wash means a structure:
a. at which a vehicle may be manually washed by its owner or
operator with equipment that is activated by the deposit of money in
a coin - operated machine or a station of vacuums used in the
cleaning a vehicle whether coin - operated or not; and
b. that is accessible and available for use by the general public.
(6) Self- service fuel pump means a fuel pump:
a. from which a vehicle may be manually filled with gasoline or other
fuel directly by its owner or operator, without the aid of an employee
or attendant of the premises at which the fuel pump is located; and
b. that is accessible and available for use by the general public.
(7) Solicitation means to ask, beg or plead, whether orally or in written or
printed manner or with an object for the purpose of receiving contributions,
alms, charity, or gifts of items of value for oneself or another person.
(8) Solicitation -free zone means any area or structure which provides any
service, retail sales, or entertainment for the general public and includes
any parking lot used for customer parking associated with those areas or
structures.
(9) Sunrise means the time of day published by the United States Naval
Observatory as the time for sunrise on a particular day in the city.
(10) Sunset means the time of day published by the United States Naval
Observatory as the time for sunset on a particular day in the city.
(b) Offenses.
(1) A person commits an offense if he conducts a solicitation in an aggressive
or intimidating manner.
(2) A person commits an offense if he conducts a solicitation in any outdoor
area in the city at any time after sunset and before sunrise on any day of
the week. It is a defense to prosecution under this subsection if the
solicitation:
a. consists exclusively of passive, nonverbal acts; or
b. was being conducted on the property with the advance written
permission of the owner, manager, or other person in control of the
property.
(3) A person commits an offense if he conducts a solicitation at any time
within a solicitation -free zone. It is an affirmative defense to prosecution
under this subsection if the solicitation was being conducted on property
with advanced written permission of the owner, manager, or other person
in control of the property.
(4) A person commits an offense if he conducts a solicitation of any person
within 50 feet of:
a. an automated teller machine;
b. an entrance or exit of a bank, credit union, or other similar financial
institution;
C. an exterior public pay phone;
d. a self - service car wash;
e. a self - service fuel pump;
f. a public transportation stop; or
g. an outdoor dining area of a fixed food establishment.
(5) A person commits an offense if he conducts a solicitation of any person
within 50 feet of:
a. playground equipment;
b. a concession stand; or
C. a public swimming pool.
(c) For the purpose of Subsections (b)(4) and (b)(5) measurement will be made in a
straight line, without regard to intervening objects or structures, from the nearest
point at which a solicitation is being conducted to whichever is applicable of the
following:
(1) the nearest entrance or exit of a facility in which an automated teller
machine is enclosed or, if the machine is not enclosed in a facility, to the
nearest part of the automated teller machine;
(2) the nearest entrance or exit of a bank, credit union, or other similar
financial institution;
(3) the nearest part of an exterior public pay phone;
(4) the nearest part of a structure of a self - service car wash;
(5) the nearest part of a self - service fuel pump;
(6) the nearest point of any sign or marking designating an area as a public
transportation stop;
(7) the nearest part of any table in an outdoor dining area or, if the outdoor
dining area is contained within an enclosure, the nearest part of that
pergola or patio;
(8) the nearest piece of playground equipment;
(9) the nearest part of a structure of a concession stand; or
(10) the nearest entrance or exit of a public swimming pool.
(d) In addition to any enforcement action by a peace officer for a violation of this
section, any person who is a victim of a solicitation prohibited under Subsection
(b), or who witnesses a violation of Subsection (b) may file a complaint with the
police department.
(e) An offense under this section is punishable by a fine not to exceed $500."
SECTION 2.
This ordinance shall be cumulative of all provisions of the City of Kennedale,
Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of other ordinances, in which event the conflicting provisions of the other
ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if a
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality shall not affect the remaining phrases, clauses, sentences,
paragraphs, and sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of the unconstitutional
phrase, clause, sentence, paragraph, or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of Chapter 12 of the Code of Ordinances of the City
of Kennedale, as amended, or any other ordinance regarding the regulation of
solicitation that have accrued at the time of the effective date of this ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale, the caption, penalty clause, publication
clause and effective date clause of this Ordinance one (1) time within ten (10) days after
the first reading of this Ordinance as required by the Charter of the City of Kennedale.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 18 DAY OF JULY, 2016.
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Leslie Galloway, City Secretary
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney