02-04 - O051 16 022:66 aI - 2
TOWN OF PROSPER, TEXAS
ORDINANCE NO.02-04
AN ORDINANCE REGULATING AND DEFINING ITINERANT
MERCHANTS, ITINERANT VENDORS, SOLICITORS AND PERSON
SELLING OR TAKING ORDER FOR GOODS, WARES, MERCHANDISE,
SERVICES, PHOTOGRAPHS, NEWSPAPERS, MAGAZINES OR
SUBSCRIPTIONS TO NEWSPAPERS OR MAGAZINES; PROVIDING FOR A
PERMIT OR CERTIFICATE OF REGISTRATION AND APPLICABLE FEES;
PROVIDING EXCEPTIONS THERETO; PROVIDING PENALTIES FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABIL,ITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council ("Town Council") of the Town of Prosper, Texas
("Prosper") has investigated and determined that it will be advantageous and beneficial to
Prosper and its inhabitants to regulate and define itinerant merchants, itinerant vendors, solicitors
and person selling or taking order for goods, wares, merchandise, services, photographs,
newspapers, magazines or subscriptions to newspapers or magazines as set forth below.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
ARTICLE I
GENERA PROVISIONS
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Definitions.
A. The following words and phrases, when used in this Ordinance, shall have the
meaning ascribed to them by this Section:
Business day means any calendar day except Saturday, Sunday or any state or national
holiday.
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"
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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.
Consumer means an individual who seeks or acquires real or personal property, services,
money, or credit for personal, family or household purposes.
Consumer transaction means a sales transaction in which one (1) or more of the parties is
a consumer.
Handbill 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 or copies of any matter or literature.
Handbill distributor means and includes any person engaging or engaged in the business
for hire or gain of distributing handbills, other than newspapers distributed to subscribers
thereof, and any person receiving compensation directly or indirectly for the distribution
of such handbills.
Handbill sponsor means and includes any person, firm or corporation who utilizes
handbills as a medium of advertising or spreading a message.
Home solicitation transaction means a consumer transaction for the purchase of goods,
services, or realty, payable in installments or in cash, in which the merchant engages in a
personal solicitation of the sale to the consumer at a residence, in person or by telephone,
and the consumer's agreement of offer to purchase is given at the residence to the
merchant either in person or by telephone. A home solicitation transaction shall not
include a sale made pursuant to a preexisting revolving charge account or retail charge
agreement, or a sale made pursuant to prior negotiations between the parties at a business
establishment at a fixed location where goods or services are offered or exhibited for sale;
or a sale of realty in which transaction the purchaser is represented by a licensed attorney
or in which the transaction is being negotiated by a licensed real estate broker.
Individual or person shall mean only a natural person.
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.
Merchant means a party to a consumer transaction other than a consumer.
Resident means any separate living unit occupied for residential purposes by one (1) or
more persons, contained within any type of building or structure.
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Solicit funds or solicitation of funds shall mean any home solicitation transaction; any
request for the donation of money, property, or anything of value, or the pledge of a
future donation of money, property, or anything of value; or the selling or offering for
sale of any property, real or personal, tangible or intangible, whether of value or not,
including, but not limited to, goods, books, pamphlets, tickets, publications or
subscriptions to publications. Expressly excluded from the meaning of "solicit funds" or
"solicitation of funds" is any offers of membership in any organization. A solicitation of
funds is complete when the solicitation is communicated to any individual then located
within the corporate limits of the Town.
Town shall mean the Town of Prosper, Texas.
B. All terminology used in this Ordinance and not specifically defined above, shall
retain its meaning in conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body and/or the latest volume of Webster's Collegiate
Dictionary.
SECTION 3: Unlawful Solicitation and Handbill Distribution.
A. No person, directly or through an agent, shall canvass or solicit in person from
house to house in the Town, to sell or attempt to sell goods, merchandise, wares, services or
anything of value or to take or attempt to take orders for the future delivery of goods,
merchandise, wares, or any personal property of any nature whatsoever, or take or attempt to
take orders for services to be furnished or performed in the future, without first having a written
permit therefore, unless the solicitation is for charitable purposes.
B. It shall be unlawful for any person, directly or through an agent or employee to
distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or
circulated any handbill in or upon any premises within the corporate limits of the Town without
first having obtained a written permit for such distribution.
C. It shall be unlawful for any person, directly or through an agent or employee, to
solicit funds for charitable purposes within the corporate limits of the Town without first having
obtained a certificate of registration for such solicitation.
D. It shall be unlawful for any person, as the agent or employee of another, to solicit
funds for charitable purposes within the corporate limits of the Town unless his/her principal or
employer has received a certificate of registration.
E. It shall be unlawful to solicit funds or distribute handbills after the hours of 7:00
p.m. and before 9:00 a.m.
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F. It shall be unlawful for any person, directly or through an agent or employee, to
solicit funds or distribute handbills after the expiration of any permit or certificate of registration
issued as hereinafter provided.
G. It shall be unlawful for the person registering or applying, or the agents or
employees thereof, to solicit funds or distribute handbills for a purpose other than that set out in
the registration statement or application upon which the certificate of registration or permit was
issued.
H. It shall be unlawful for any person who shall solicit funds or distribute handbills
in the Town to represent that the issuance of a certificate of registration or permit by the Town
constitutes an endorsement or approval of the solicitation or distribution by the Town, or its
officers or employees.
I. It shall be unlawful for any person to distribute or cause to be distributed,
deposited, placed, thrown, cast, scattered, handed out or circulated any handbill in or upon any
premises which are temporarily or continuously uninhabited or vacant.
J. It shall be unlawful for any person to distribute or cause to be distributed,
deposited, placed, thrown, cast, scattered, handed out or circulated any handbill upon any
premises which are inhabited and not otherwise posted as provided for in Subsection K below,
except by: i) handing or transmitting such handbill directly to the owner, occupant, or any other
person then present in or upon such premises, or ii) by placing or depositing the 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.
K. It shall be unlawful for any person to distribute or cause to be distributed,
deposited, placed, thrown, cast, scattered, handed out or circulated any 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 to the residence, a weatherproof card, not less than three (3) inches by four (4)
inches in size bearing the words "no trespassing", "no peddlers", "no advertisements", "no
solicitation", "no handbills", or any similar notice indicating in any manner that the occupants of
such premises do not desire to be molested or to have their right of privacy disturbed, or to have
any such handbill left upon such premises. The letters on such cards shall be not less than two
thirds (2/3) of an inch in height.
L. It shall be unlawful for any person to distribute or cause to be distributed,
deposited, placed, thrown, cast, scattered, handed out or circulated any 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
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fictitious name, the true names and addresses of the owners, managers, or agents for the fictitious
person or club sponsoring such handbill shall also appear thereon.
SECTION 4: Supervision of Child Solicitors. It shall be unlawful for any person to use
children thirteen (13) years of age or less for any type of solicitation or handbill distribution
purposes unless the children are actively supervised by an adult individual at least eighteen (18)
years of age, who has obtained the permit or certificate of registration required by this
Ordinance, or is the agent of the individual who obtained the permit or certificate of registration.
In all cases the supervising adult shall be within one hundred (100) yards of the child solicitor.
SECTION 5: Permit or Certificate of Registration - Grounds for Denial or Revocation.
Failure to comply with any of the provisions of this Ordinance shall constitute grounds for denial
or revocation of any permit or certificate of registration sought to be issued or issued in
accordance with the provisions of this Ordinance.
SECTION 6: Permit or Certificate of Registration - Appeal from Denial or Revocation.
Should an applicant or registrant be denied a permit or certificate of registration, or have a permit
or certificate of registration revoked, he/she may appeal that action to the Town Administrator by
submitting a letter within ten (10) days of the denial or revocation. The Town Administrator
may review the appeal at a staff level and shall have the authority to reject the action complained
of and order that the permit or certificate of registration be granted or reinstated. However,
should the Town Administrator uphold the denial or revocation, he/she shall schedule a hearing
before the Town Council at a regular or special meeting within thirty (30) days of the appeal
request. The Town Council shall render a decision on the appeal within seven (7) days of the
date of the hearing. Such hearing shall be an administrative hearing and adherence to formal
rules of evidence shall not be required. The decision of the Town Council shall be final.
SECTION 7: Sale of Merchandise on Public Right of Way. It shall be unlawful for any
person to peddle, solicit, sell, offer for sale, or exhibit for sale any merchandise upon any public
sidewalk, street, street right-of-way, parkway, or other public right-of-way.
SECTION 8: Affirmative Defense and Exemption.
A. It shall be an affirmative defense to prosecution under this Ordinance if the person
is occupying the public right-of-way for the purpose of selling newspapers or publications of
other printed material which deal with the dissemination of information or opinion; however, this
defense is not available if said act occurred upon the paved surface or shoulder of any public
street, highway or road.
B. The provisions of this Ordinance shall not apply to: i) the regular delivery of
newspapers or magazines or other items which have been subscribed to by the persons receiving
them or by occupants of the premises to which they are delivered; ii) the interruption of service
notices by utility companies; iii) the distribution of mail by the United Sates government; and iv)
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Ile service of any lien foreclosure or governmental notices of any character distributed by the
Town or any other governmental entity.
SECTION 9: Exhibiting Card Prohibiting Solicitors and Handbill Distributors.
A. A person desiring that no merchant or other person engage in handbill distribution
or a home solicitation at his/her premises shall exhibit, in a conspicuous place upon or near the
main entrance to the premises, a weatherproof card, not less than three (3) inches by four (4)
inches in size bearing the words "no trespassing", "no peddlers", "no advertisements", "no
solicitation", "no handbills", or any similar notice indicating in any manner that the occupants of
such premises do not desire to be molested or to have their right of privacy disturbed, or to have
any such handbill left upon the premises. The letters on such cards shall be not 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 solicitation or handbill distribution is exhibited upon or near
the main entrance to the premises. If notice prohibiting soliciting or handbill distribution is
exhibited, the person shall immediately depart from the premises without distributing, placing, or
depositing any 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 solicitation or distribution transaction, if a card, as described in this
Section, is exhibited in a conspicuous place upon or near the main entrance to the premises,
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 who has gained entrance to a premises, 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.
ARTICLE II
CHARITABLE SOLICITATION
SECTION 10: Exceptions.
A. The following are exceptions from the operation of this Article:
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The solicitation of funds for charitable purposes by any organization or
association from its members.
2. The solicitation of funds for charitable purposes by a person when such
solicitation occurs on premises owned or controlled by the person
soliciting funds or with the permission of the person who owns or controls
the premises, when previously invited to the premises for the solicitation.
3. The issuance of any announcement or advertisement that charitable
solicitation will occur or which announces or advertises an event at which
unannounced charitable solicitation will occur.
SECTION 11: Registration Statement.
A. All persons desiring to solicit funds for charitable purposes in the Town shall file
with the Town's Police Department a registration statement, on forms provided by the Town,
containing the following information:
The name of the person registering and desiring to solicit funds for
charitable purposes.
2. Whether the person registering is a natural person, partnership,
corporation or association, and:
a. If a natural person, the business or residence address and telephone
number must be given.
b. If a partnership, the names of all partners and the principal
business address and telephone number of the partnership and the
address and telephone number of each partner must be given.
C. If a corporation, the person registering must: i) state whether it is
organized under the laws of the State of Texas or is a foreign
corporation; ii) show the mailing address and telephone number of
the principal place of business; iii) show the mailing address,
business location, telephone number and name of the individual in
charge of the Prosper office of such corporation, if any; iv) state
the names of all officers and directors or trustees of such
corporation; and v) if a foreign corporation, state the place of
incorporation.
d. If an association, the registration statement must: i) show the
association's principal business address, and telephone number, if
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any; ii) show names and principal business or residence addresses
and telephone numbers of all members 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
of principal business or residence 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.
3. The names, mailing addresses and telephone numbers of all individuals
who will be in direct charge or control of the solicitation of funds.
4. The time period within which the solicitation of funds is to be made,
giving the date of the beginning of solicitation and its concluding date.
5. A description of the methods and means by which the solicitation of funds
is to be accomplished.
6. Approved documentation of the nonprofit status of the applicant to justify
the solicitation to be for charitable purposes.
7. A statement to the effect that if a certificate of registration is granted, such
certificate will not be used or represented to be an endorsement or
approval by the Town or any of its officers or employees.
8. Each person registering shall provide proof of identification through
submission of a valid driver's license or other valid/official photo ID.
9. Any other information which the Town deems necessary for the
administration of this Article.
B. The registration statement must be signed by the applicant if the person
registering is an individual; if the applicant registering is a partnership, by the partner charged
with disbursing the funds solicited; if the applicant registering is a corporation or an association,
by its officer charged with disbursing the funds solicited. The individual signing the registration
statement shall sign the statement and swear before an officer authorized to administer oaths that
he/she carefully read the registration statement and that all the information contained therein is
true and correct.
C. Information provided by applicant in accordance with the provisions of this
Article shall be subject to verification by the Town's Police Department. Such registration
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statement shall also be satisfactory written proof of the applicant's authority to represent the
partnership, corporation, association or business entity.
SECTION 12: Registration Fee. Every registration statement shall be accompanied by a
nonrefundable registration fee of twenty-five dollars ($25.00) to compensate the Town for the
cost of administering this Ordinance, and such fee will not be refunded if a certificate of
registration is not issued. No certificate of registration provided for by this Ordinance shall be
issued until such fee has been paid by the applicant registering. However, such registration fee
of twenty-five dollars ($25.00) shall not be required of a duly authorized, nonprofit, charitable
organizations registered as such with the secretary of state for the State of Texas. Proof of such
registration status must be provided to the Town.
SECTION 13: Certificate of Registration Issuance, Duration and Form.
A. After review of the registration statement to determine its compliance with
Section 12 above, and within ten (10) business days of the receipt of the registration statement,
unless it is determined that the applicant has provided false or incomplete information on its
application, the Town Police Department shall either issue a certificate of registration, or notify
the person registering that the registration statement does not comply with the requirements of
Section 12 above, and specifically point out what information or explanation has not been
furnished that is required before a certificate of registration can be issued.
B. Every certificate of registration issued by the Town shall expire at the termination
of the solicitation period specified in the registration statement or one (1) year from the date of
issuance, whichever is less.
C. The Town shall prescribe the form of the certificate of registration. Each such
certificate of registration shall be printed in black and the following shall be printed thereon:
"The issuance of this certificate of registration is not an endorsement by the Town of Prosper or
any of its officers or employees." Each certificate of registration shall bear a registration number
which is the same as the file containing the registration statement filed by the registrant.
SECTION 14: Solicitor's Identification. Each solicitor shall carry with him/her and
produce upon request the following authorization and identification:
proof of nonprofit status or authorization to represent the charitable
organization;
2. a copy of the certificate of registration issued by the Town of Prosper; and
3. a valid driver's license or other valid/official photo ID.
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SECTION 15: Public Disclosure. All registration statements, whether or not a certificate
of registration has been issued, shall be a public record and shall be available for inspection by
members of the public during regular business hours and copies may be obtained at cost.
SECTION 16: Charitable Solicitation on Public Rights of Way.
A. Persons holding certificates of registration issued under the provisions of this
Article may conduct charitable solicitation within and upon public rights -of -way within the
Town subject to the following:
No such charitable solicitations shall be conducted upon or within the
right-of-way of any street or road designated by the State of Texas as a
state highway or farm -to -market road.
2. Charitable solicitations within and upon public rights -of -way within the
Town shall be conducted only during hours of daylight and shall be
conducted no more than one (1) consecutive twenty-four (24) hour period
each year per organization.
No person younger than eighteen (18) years of age shall conduct any
solicitation within and upon public rights -of -way within the Town.
4. Registrants for charitable solicitation who contemplate conducting any
solicitation within and upon public rights -of -way shall, prior to conducting
any such solicitation, furnish the Town with a certificate of insurance
showing the Town as an additional insured.
5. All organizations and persons conducting charitable solicitations within
and upon public rights -of -way shall execute a waiver of liability in favor
of the Town on a form prepared by the Town.
6. Each organization conducting charitable solicitation within and upon
public rights -of -way shall designate a person to be in charge of and
responsible for each intersection and/or portion of public right-of-way
upon which such solicitation is to be conducted.
7. All persons conducting such solicitation within and upon public rights -of -
way shall, at all times during which the solicitation is being conducted,
wear traffic safety vests.
ARTICLE III
NONCHARITABLE SOLICITATION AND HANDBILL DISTRIBUTION
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SECTION 17: Exception. The provision of this Article shall not apply to a person
engaged in charitable solicitation and meeting one of the exceptions in Article II, Section 10 or
holding a certification of registration as provided for Article II.
SECTION 18: Application for Permit.
A. Any person desiring to make home solicitation transactions or distribute handbills
within the Town shall file a written application for a permit to do so with the Town Police
Department, which application shall show:
The name of the person applying and desiring to make home solicitations
or distribute handbill.
2. The name of the handbill sponsor if the permit applied for is for
distribution of handbills.
3. Whether the person applying is a natural person, partnership, corporation
or association, and:
a. If a natural person, the business or residence address and telephone
number must be given.
b. If a partnership, the names of all partners and the principal
business address and telephone number of the partnership and the
address and telephone number of each partner must be given.
If a corporation, the person applying must: i) state whether it is
organized under the laws of the state of Texas or is a foreign
corporation; ii) show the mailing address and telephone number of
the principal place of business; iii) show the mailing address,
business location, telephone number and name of the individual in
charge of the Prosper office of such corporation, if any; iv) state
the names of all officers and directors or trustees of such
corporation; and v) if a foreign corporation, state the place of
incorporation.
d. If an association, the application must: i) show the association's
principal business address, and telephone number, if any; ii) show
names and principal business or residence addresses and telephone
numbers of all members 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 of principal
business or residence addresses and telephone numbers of the
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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.
4. The names, mailing addresses and telephone numbers of all individuals
who will be in direct charge or control of the solicitation of funds or
distribution of handbills.
The time period within which the solicitation of funds or distribution of
handbills is to be made, giving the date of the beginning of solicitation and
its concluding date.
6. A description of the methods and means by which the solicitation of funds
or distribution of handbills is to be accomplished.
7. The names of other communities in which the applicant has made home
solicitations or distribution of handbills in the past six (6) months.
8. The nature of merchandise to be sold or offered for sale or the nature of
the services to be furnished.
9. Whether such applicant, upon any such order so obtained, will demand,
accept or receive payment or deposit of money in advance of final
delivery.
10. Each applicant shall provide proof of identification through submission of
a valid driver's license or other valid/official photo ID.
11. 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 Town or any
of its officers or employees.
12. Any other information which the Town deems necessary for the
administration of the Article.
B. The application must be signed by the applicant, if the person applying is an
individual; if the applicant is a partnership, by the partner charged with disbursing the funds
solicited or overseeing the handbill distribution; if the applicant is a corporation or an
association, by its officer charged with disbursing the funds solicited or overseeing the handbill
distribution. The individual signing the application shall sign the application and swear before
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an officer authorized to administer oaths that he/she carefully read the application and that all the
information contained therein is true and correct.
C. The application must be accompanied by a copy of a valid states sales tax
certificate, if applicable.
D. Information provided by applicant in accordance with the provisions of this
Article shall be subject to verification by the Prosper Police Department. Such application shall
also be satisfactory written proof of the individual's authority to represent the partnership,
corporation, association or business entity.
SECTION 19: Permit Fee. Every application shall be accompanied by a nonrefundable
application fee of twenty-five dollars ($25.00) to compensate the Town for the cost of
administering this Article, and such fee will not be refunded if a permit is not issued. No permit
provided for by this Article shall be issued until such fee has been paid by the applicant.
SECTION 20: Exemptions from Permit Fee. The permit fee required for the issuance of
a permit under the provisions of this Article shall not be required of the following:
Ordinary commercial travelers who sell or exhibit for sale goods, wares or
merchandise to persons selling and dealing in the same within the Town.
2. Persons offering for sale agricultural products, meats, poultry or other
articles of food grown or produced by such persons.
Individuals operating under licenses granted by a state agency.
SECTION 21: Permit Issuance, Duration and Form,
A. After review of the application to determine its compliance with Section 18
above, and within ten (10) business days of the receipt of the application, unless it is determined
that the applicant has provided false or incomplete information on its application, the Prosper
Police Department shall either issue a permit, or notify the person applying that the application
does not comply with the requirements of Section 18 above, and specifically point out what
information or explanation has not been furnished that is required before a permit can be issued.
B. A permit requested under this Article shall be issued for the length of time
requested, not to exceed one (1) year.
C. The Town shall prescribe the form of the permit. Each such permit shall be
printed in black and the following shall be printed thereon: "The issuance of this permit is not an
endorsement by the Town of Prosper or any of its officers or employees." Each permit shall bear
a permit number which is the same as the files containing the application filed by the applicant.
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SECTION 22: Solicitor's and Handbill Distributor's Identification. Each solicitor and
handbill distributor shall carry with him/her and produce upon request the following information
and identification:
authorization to represent the permittee by holding a copy of the permit
issued by the Town; and
2. a copy of the valid state sales tax certificate, if applicable; and
3. a valid driver's license or other valid/official photo ID.
SECTION 23: Public Disclosure. All applications, whether or not a permit has been
issued, shall be public record and shall be available for inspection by members of the public
during regular business hours and copies may be obtained at cost.
ARTICLE IV
JOB PLACEMENT ACTIVITIES
SECTION 24: Prohibition of Job Placement Activities in Unauthorized Locations.
A. No person shall engage in or attempt to engage in job placement activities in an
unauthorized location. This Section shall not apply to job placement activities concerning
employment or business for the owner or lawful tenants of the subject premises.
B. This Section shall only apply to unauthorized locations where the location has a
notice posted in both English and Spanish in a conspicuous place at each entrance and exit to
such location not less than eighteen (18) by twenty-four (24) inches in size with lettering not less
than one (1) inch in height and not to exceed, in total area, six (6) square feet. The notice shall
be in substantially the following form:
"It is unlawful to engage in job placement activities on these premises."
C. This Article shall override other Ordinances regulating the placement of signage,
temporary or permanent, for the purpose of solicitation or job placement in and throughout the
Town.
ARTICLE V
MISCELLANEOUS PROVISIONS
SECTION 25: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined a sum not exceeding FIVE HUNDRED DOLLARS ($500.00). Each continuing
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day's violation under this Ordinance shall constitute a separate offense. The penal provisions
imposed under this Ordinance shall not preclude the Town from filing suit to enjoin the
violation. The Town retains all legal rights and remedies available to it pursuant to local, state
and federal law.
SECTION 26: Savings/Repealing Clause. All provisions of any ordinance 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 27: Severability. Should any section, subsection, sentence, 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 Town hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 28: Effective Date. This Ordinance shall become effective upon its passage
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this /d day of k,)9r l,(, 4(,- 2002.
JA41ES DUNMT , Mayor
ATTESTED AND CORRECTLY
REC RDED:
ER PHILLIPS,
Town Secretary
Date(s) ofpublication_ R-JoraAry 201 aZ kKinnevCourierGazene.
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0 5 I 16 0 2 3 0 I
r�r FoO;nSI�N f1ERFIN WHIN RESTRICT,
THE SAGE, RENTAL, OR USE OF THE
OEPFOPERTY RECAUSI DF HE 3 DR RENTAL
IS INVALID AND
HE
UNEAFOACElG; E:dNpFN FEDF'hAl LAW
(THE STATE OF Fb, S)
and the1 hereby Ce firy trial Ihie ink unRnl wp0 F!LEO in tn0 Klle Nuo�C�OUNTY DF CDLLIN;
Ree"OfRw�eb hereon liY �; a uuq hCORDED, in i�� Publk
opehy of Culiiu Cn mty. Te as on
FEB 2 8 2002
FCO�
�ir�Kr U�� / g
'C`3A4N14JIrf �J �,
Filed for Record in:
Collin County, McKinney TX
Honorable Helen Starnes
Collin County Clerk
On Feb 28 2002
At 11:42am
Doc/Mum : 2002- 0030306
Recording/Type:OR 39.00
Receipt #: 7614
f
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF COLLIN
Before me, this undersigned authority, on this day personally appeared Jim Moser who
being by me duly sworn, deposes and says that he is the Publisher of The McKinney
Courier -Gazette and that said newspaper meets the requirements of Section 201.004,
201.005 and 201.006 of the Texas Government Code, to wit:
I. It devotes not less than twenty-five percent (25%) of its total 10
column lineage to general interest items; Printer's Fee $ i �1
o�No.
2. it is published at least once each week;
I it is entered as second-class postal matter in the county
where it is published;
4. it has been published regularly and continuously since 1897; and
5. it is generally circulated within Collin County.
Publisher further deposes and says that the attached notice was published in said
newspaper on the following date(s) to wit;
General Manager
SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who
a) is personally know to me, or
b) provided the following evidence to establish
his.her identity,
on this the 4 day of �4n , A.D. 2002
to certify which witness my hand and seal of office.
Notary Public, State of Texas
(SEAL)
I
Notices Notices
Legal Notices Legal Notices
To be published in the To be published in the
McKinney Courier -Gazette on McKinney Courier -Gazette on
Wednesday, February 27, Wednesday. February 27,
2002 2002
LEGAL NOTICE LEGAL NOTICE
TOWN OF PROSPER, TEXAS TOWN OF PROSPER, TEXAS
ORDINANCE NO.02-04 ORDINANCE NO.02-08
An ordinance Regulating and
defining itinerant merchants,
itinerant vendors, solicitors
and person selling or taking
order for goods, wares,
merchandise, services,
photographs, Newspapers,
Magazines or Subscriptions to
Newspapers or Magazines;
providing for a permit or
certificate of registration and
applicable fees; providing
exceptions thereto; providing
penalties for the violation of
this ordinance; providing for
repealing, savings and
severability clauses; providing
for an effective date of this
ordinance; and providing for
the publication of the caption
eof.
To be published in the
McKinney Courier -Gazette on
Wednesday, February 27,
2002
LEGAL NOTICE
TOWN OF PROSPER, TEXAS
ORDINANCE NO.01-35
An Ordinance of the Town of
Prosper, Texas. Providing for
the exemption of Taxation of
Travel Trailers; providing for
repealing, savings and
severability clauses; and
providing for an effective date
of this Ordinance.
To be published in the
McKinney Courier -Gazette on
Wednesday, February 27,
2002
LEGAL NOTICE
TOWN OF PROSPER, TEXAS
ORDINANCE NO.02-07
An ordinance establishing the
Parks and Recreation Board
of The Town of Prosper, Texas;
providing for the appointment
Of its members and the
method of filling vacancies;
providing for repealing,
savings and severability
clauses; and providing for an
effective date of this
ordinance.
An ordinance of the Town of
Prosper, Texas, establishing a
time limit for persons speaking
on items before the Town
Counbil and/or Planning and
Zoning Commission of the
Town of Prosper, Texas;
Providing for repealing,
savings and severability
clauses; and providing for an
effective date of this
Ordinance.
To be published in the
McKinney Courier -Gazette on
Wednesday, February 27,
2002.
LEGAL NOTICE
NOTICE TO CREDITORS
Notice is hereby given that
original Letters Testamentary
for the Estate of Alvise Anton
Alois Turek, Deceased, were
issued on February 6, 2002, in
Docket No. PB001-54-02,
pending In County Court at
Law No. 1 of Collin County,
Texas, to John Turek.
The residence of the executor
is Dallas County, Texas. T
post office address of th
executor is:
c/o Mr. William Bennett m
Cullum Law Firm, C.
8333 Douglas, "Iue
Suite 1400
Dallas, Texas 75225,5821
All persons having claims
against this Estate which is
currently being administered
are required to present them
within the time and in the
manner prescribed by law.
DATED the 25th day of
February. 2002.
By: William Bennett Cullum
Attorney for the Estate
DEADLINES
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day before publication,
Tuesday thru Thursday.
10:00AM on Friday for
Sundays publication,
2.00pm-i Friday for
Monday's publication.
Display, camera ready
Reservations, Artwork:
5: pm. 2 days preceeding.
Notices Notices
Personal Special Notices
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ADVERTISEMENT
STAND OUT?
Your classified advertising
representative can help
you make sure you are
noticed! Just ask about
"Bold Words"! 972-
542-2631.
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CHANGE
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Special Notices
CLASSIFIED
ADVERTISING
Publication Policy
diSher exercises the r
edit or reject copy
filly with publication _
fit policies of
brrecti of err3k,.by
pa ewsr may be called
ny day during busine
ours or to deadlines a
ill b ,, repded for 1
nes at - tu:uu a
Monday deadlines
ki. on Friday.
f,'
e a not assui
esponse ity for an
d the cost of an
eff. We are responsil
ily for the first incorn
sertion of an
ivertisers should the
--ir ad immediately after
spears in the paper a
oort ' at once any ern
aims for error adjustmE
ist be made immediate
er ad is published.
Omission of Ads
e McKinney Course
Izette shall not be liable f
y damages or loss th
ght result from errors
fissions in advertiseme
printed in excess of tf
count charged therefor.
event of non-publicatic
copy furnished no liabili
ill exist on the part of it
Except that no charge
ie made therefor.
972-542-2631P
overusing
Deadline
Ready Reservations,
Artwork: 5:pm. 2 days
preceeding. Proof?
need 5:pm 2 days
Proceeding. Legal
Notices 2 days
proceeding.
LINE AD: 10.00AM,
day before
publication, Tuesday
thru Thursday
10:00AM on Friday for
Sunday's publication,
2:OOpm Friday for
AI -ANON
You can see how alcohol
is affecting someone
else. Can you see what it
is doing to you? There is
help for the -entire family
Meetings Mon., Tues.,
Thurs. 8pm; Sat.9am, W2
E University Dr. (US Hwy
380) at Throckmortdn,
McKinney. 972-548-9161
FELLOWSHIP AA
Meets every night at 8:00
P.m.; Weekdays at noon;
Friday 10:00 p.m.;
Saturday 2:00 p.m.;
Sunday 11:00 a.m.
Spanish meeting 8:00 p.m.
Tuesday. 802 E. University
(US 380 at Throckmorton).
1 /4 mile East of Hwy 5.
972-548-9161.
Free/Low Cost
HIV Screenings
May be done confidentially
or anonymously. For more
information call Avenues
Counseling Center
972-562-9647
IF YOU ARE HOMELESS
AND NEEDING HELP
or know of someone who
is facing homelessness,
please call The Samaritan
Inn at 972.562-7375 for
more information.
Long
aewe P4May it
MR,Reign!
VO
The McKinney
Courier -Gazette