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File #: ORD-3802    Version: 1
Type: Ordinance Status: Regular Agenda
File created: 5/24/2023 In control: City Council
On agenda: 6/6/2023 Final action:
Title: Consider adopting Ordinance No. 3802, amending the Code of Ordinances, Chapter 54, "Peddlers and Solicitors," of the City of Farmers Branch; and take appropriate action.
Attachments: 1. Ordinance No. 3802, 2. Modifications by City Attorney on Ordinance No. 3802, 3. Current Ordinance, 4. Presentation

Title

Consider adopting Ordinance No. 3802, amending the Code of Ordinances, Chapter 54, “Peddlers and Solicitors,” of the City of Farmers Branch; and take appropriate action.

 

Body

BACKGROUND:

In response to citizen complaints, City Administration reviewed existing code requirements for peddlers and solicitors and found that it needed to adequately address the constitutional limitations on the regulations of solicitors. This amended ordinance is intended to comport with the state and federal equal protection provisions of the constitution.

 

DISCUSSION:

Changes in case law have necessitated a review of the granting of solicitation permits to ensure compliance with the First Amendment. Our current ordinance needs to be updated and clarified to comply with these standards. The ordinance has been significantly modified to remove permitting requirements but enhances enforcement authority to include addressing safety concerns created by solicitation and peddling at intersections and medians in high crash locations.

 

FISCAL IMPACT:

No Financial Impact

 

DISTRICT:

City-wide

RECOMMENDATION:

City Administration recommends approving Ordinance No. 3802 as presented.

 

POSSIBLE COUNCIL ACTION:

1. I move to approve Ordinance No. 3802 as presented.

2. I move to approve Ordinance No. 3802, with modifications.

3. I move to table the issue for further study or take no action.

 

ATTACHMENT(S):

1.                     Ordinance No. 3802

2.                     Modifications by City Attorney on Ordinance No. 3802

3.                     Current Ordinance

4.                     Presentation