Ord. 0790-1 07-28-97ORDINANCE NO. 790-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 22, PEDDLERS, OF THE CITY OF
PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 790), TO
CLARIFY TERMINOLOGY, AUTHORIZE THE CITY SECRETARY TO
DELEGATE AUTHORITY FOR ADMINISTRATIVE DUTIES HEREUNDER,
AND ADDRESS OTHER ISSUES RELATED TO THE SUBJECT; PROVIDING
A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A
REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section II of Chapter 22, Peddlers, of the Code of Ordinances
of the City of Pearland, Texas, is hereby amended to DELETE the term "motor", as
follows:
"...Business from vehicle. It shall be unlawful for any
peddler to park
any mete* vehicle in the City for the purpose of using the same as a
stationary business stand or location. ..."
Section 2. That Section III(1)(a), of Chapter 22, Pedd/ers, of the Code of
Ordinances of the City of Pearland, Texas, is hereby amended to ADD the term
"including", as follows:
"... (a) sale of agricultural products, tilt ling meats, poultry, or other
articles of food, in the natural state, grown or produced by the
peddler and sold at a location other than the location where
said products are grown or produced...."
Section 3. That Section III(1)(e), of Chapter 22, Peddlers, of the Code of
Ordinances of the City of Pearland, Texas, is hereby amended to DELETE the phrase
"frozen desserts" and to substitute in its place the phrase "individually packaged food
items", as follows:
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ORDINANCE NO. 790-1
"... (el sale of individually
packaged food items frozen desserts from
a sanitary vehicle in full compliance with all ordinances and
statutes regulating the same...."
Section 4. That Section III of Chapter 22, Peddlers, of the Code of Ordinances
of the City of Pearland, Texas, is hereby amended to ADD subsection (g), to read as
follows:
(g) outdoor retail sales where merchandise : is displayed far
Consumers rn a common area where facilities are shared by
individual vendors in open air booths, so long as saidactivities
are sheltered by a permar ertt roof, as defined in the City of
Pearland building code, and sides; of the booths facing.the
pubic right-of-way• are enclosed,; in accordan• ce with the
City 'of Pearland facade ar linarrce:l'..."
Section 5. That Section II1(2)(a), of Chapter 22, Peddlers, of the Code of
Ordinances of the City of Pearland, Texas, is hereby amended to ADD the term
"including", as follows:
"
(a) sale of agricultural products, trios g meats, poultry, or other
articles of food, in the natural state, grown or produced by the
peddler and sold at the location where said products are
grown or produced...."
Section 6. That Section V of Chapter 22, Peddlers, of the Code of Ordinances
of the City of Pearland, Texas, is hereby amended to DELETE the phrase "by the
Pearland Police Department", as follows:
"...AII commercial peddlers required to obtain a permit in accordance
with SECTION 111-1 of this chapter, shall make written application to the
City Secretary 0GtotAmans and provide the following information,
which shall be subject to verification:
Department :..."
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ORDINANCE NO. 790-1
Section 7. That Section VI of Chapter 22, Peddlers, of the Code of Ordinances
of the City of Pearland, Texas, is hereby amended to DELETE the phrase "by the
Pearland Police Department", as follows:
"...AII peddlers required to file a registration statement and obtain a
registration card in accordance with SECTION III-2 of this chapter, shall
provide the following information to the City Secretary or his designee,
which shall be subject to verification: by the Pearland Police
Ocpartmcnt:..."
Section 8. That Section IX of Chapter 22, Peddlers, of the Code of Ordinances
of the City of Pearland, Texas, is hereby amended to ADD language regarding fees for
peddlers' assistants, to read as follows:
"Before any permit shall be issued under the provisions of this chapter,
the applicant therefor shall pay a fee of $75.00 per month for a term not
to exceed three (3) months. Each assistant enlsked`br aperse hoieder
in accordar a with motion, lf,'t shalt pay. a !ee of *5 00.pet.'monih for
a term not to exceed three 3i months ...
Section 9. That Section XXI of Chapter 22, Peddlers, of the Code of
Ordinances of the City of Pearland, Texas, is hereby amended to address identification
badges, to read as follows:
"A permit or registration card issued under this chapter shall not be
transferable nor give authority to more than one person to conduct
business as a peddler, p`
t�Et'S;eT#Mt the
assistance of one or more persons in conducting such business, so long
shall :identify nW fit.#003In the
application or registration statement in the same manner as the applicant
or registrant. Assistantsshafl be issued a#ion transferabfetdentifieation
badge or sticker Alt permits, regrst at+on cards, i€ternifrcation badges,
and stickers shalt attaetted €e tti peddfer` lasstst nt's ott€ clr�thing
and easily ri nizable daring peddling a!
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ORDINANCE NO. 790-1
Section 10. That the phrase "or his designee" is hereby included with all
references to the City Secretary throughout Chapter 22, Peddlers, of the Code of
Ordinances of the City of Pearland, Texas.
Section 11. Penalty. Any person who violates the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine of not less than One Dollar ($1.00) nor
more than Five Hundred Dollars ($500.00).
Section 12. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 13. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 14. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 15. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
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ORDINANCE NO. 790-1
Section 16. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
PASSED and APPROVED ON FIRST READING this the /yy"day of
ATTEST:
of
, A. D., 1997.
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the QgAday
, A. D., 1997.
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05,
TOM REID
MAYOR
ORDINANCE NO. 790-1
ATTEST:
U
APPR• ED AS TO FORM:
A MaT S McCULLOUGH
CITY AT
ORNEY
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