Ord. 0751 not signedORDINANCE NO. 751
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING SECTION 22-1, DEFINITION, OF CHAPTER 22 OF
THE CITY OF PEARLAND CODE OF ORDINANCES, PEDDLERS, AS THE
SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE
PURPOSE OF CLARIFYING AND MODIFYING THE DEFINITION OF
PEDDLER; 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 22-1 of the Code of Ordinances of the City of Pearland,
Texas, is hereby amended to DELETE the existing Section 22-1 which reads as follows:
"Sec. 22-1. Definition.
The word 'peddler' as used in this chapter shall mean any person, whether
a resident of this city or not, traveling from place to place, from house to house
or from street to street, for the purpose of selling or soliciting for sale, goods,
wares, merchandise or services, other than agricultural products produced or
processed in this state; and shall also mean and include any person transacting
a temporary business within the city at an established place of business. The
word 'peddler' shall include the terms 'solicitor', 'transient or itinerant merchant or
vendor' or 'transient or itinerant photographer'."
and to ADD the following in its place:
"Sec. 22-1. Definition.
Peddler. The term 'peddler' shall mean all persons, including their agents and
employees, who engage in the temporary or transient business in the City of
selling, or offering for sale, any goods or merchandise, or exhibiting the same for
sale, or for the purpose of taking orders for the sale thereof, and who, for the
purpose of carrying on such business or conducting such exhibits thereof,
display, exhibit, sell or offer for sale such goods or merchandise upon or from a
truck or other vehicle on the streets of the City, or who hire, rent, lease or occupy
any room or space in any building, structure, other enclosure, vacant lot or any
other property whatsoever in the City for a period not to exceed one (1) day per
calendar week, in, through or from which any goods or merchandise may be sold,
ORDINANCE NO. 751
offered for sale, exhibited for sale or for the purpose of taking orders for the sale
thereof, or who shall sell or offer for sale any goods or merchandise while upon
the property of another, without the express written consent of the owner or
occupant thereof. The term 'peddler' shall include the terms 'solicitor', 'transient
merchant', 'transient vendor', 'itinerant merchant', 'itinerant vendor', or 'itinerant
photographer'. The term 'peddler' shall not include or be construed to include
anyone engaged in the sale of agricultural products produced or processed in this
state, anyone engaged in interstate commerce, or anyone upon whom the
provisions of this chapter would impose a direct and unlawful burden on interstate
commerce."
Section 2. Any person who shall violate 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
Two Hundred Dollars ($200.00).
Section 3. 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 4. 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 5. All ordinances and parts of ordinances in conflict herewith are hereby
repealed but only to the extent of such conflict.
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ORDINANCE NO. 751
Section 6. 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.
Section 7. 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 day of
, A. D., 1996.
ATTEST:
YOLANDA C. BENITEZ
CITY SECRETARY
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TOM REID
MAYOR
ORDINANCE NO. 751
PASSED and APPROVED ON SECOND AND FINAL READING this the day
of , A. D., 1996.
TOM REID
MAYOR
ATTEST:
YOLANDA C. BENITEZ
CITY SECRETARY
APPROVED AS TO FORM:
AMY MOTES McCULLOUGH
CITY ATTORNEY