HomeMy WebLinkAboutOrdinance - 4002-1963 - Soliciatation In Municipal Building. - 01/10/1963FqB:wg
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..aption Ame~ded ORDINANCE NO. 4002
>Y Ordinance 4014 AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON# FIRM OR
CORPORATION TO SOLICIT FOR THE PURCHASE OR SALE OF ANY GOODS1
WARES:~ MERCHANDISE OR SERVICES AND/OR THE MEMBERSHIP IN ANY
PRIVATE:~ FRATERNAL, PROFESSIONAL, CHARITABLE OR PUBLIC ORGANI-
-ZATION .. CLUB., GROUP OR ASSOCIATION WITHOUT WRITTEN PERMISSION
OF THE CITY MANAGER; PROVIDING FOR :: ,._ .J.. . -: :' WRITTEN PERMIS-
SION TO SOLICIT TO BE ISSUED BY THE CITY MANAGER; PROVIDING FOR A
PENALTY; AUTHORIZING THE PUBLICATION OF THE DESCRIPTIVE CAPTION
OF THIS ORDINANCE TOGETHER WITH THE PENALTY CLAUSE AS AN AL-
TERNATIVE METHOD OF PUBLICATION PROVIDED BY LAW; DECLARING AN
EMERGENCY AND THE EFFECTIVE DATE OF THE ORDINANCE TO BE FROM
THE DATE OF PUBLICATION.,
WHEREAS, the City Commission finds and is of the opinion that it is necessat
for the preservation of the public health, safety., and welfare and property and
further finds that it is necessary in order to preserve and maintain the public
purposes and use of the various municipal buildings of the City of Lubbock., to
prohibit the solicitation for the purchase or sale of any goods., wares~ merchan-
dise or services and/or the membership in any private, fraternal, professional,
charitab~e or public organization, club, group or association by any means of any
person or persons, including employees of the City of Lubbock, within any
municipal building of the City of Lubbock; and,
WHEREAS., the City Commission finds that such solicitation is detrimental
to efficient municipal administration and employee morale, and would constitute
an unjustified waste of public funds to permit uncontrolled solicitation during
working hours, thereby interfering with and delaying employees and officials in
performing their duties, and further finds that any such solicitation, as to per-
mission, method and duration should be at the discretion of the City Manager and
should be permitted only upon the written permission given at the discretion of
the City Manager.
WHEREAS~ the City Commission finds that any such unauthorized solicitation
will constitute and be an immediate threat to the pubfu health, safety and welfare
of the citizens of Lubbock and same should be prohibited; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 21 of the Code of Ordinances of the City of
Lubbock be and the same is hereby amended by adding thereto Article III as
follows:
Article III. Solicitation in Municipal Building
Section 21-20. It shall be unlawful for any person, firm or
corporation to solicit~ invite or request~ either verbally or by
written material such as pamphlets, brochures or leaflets_ the
purchase or sale of any goods~ wares, merchandise or services
by any other person, including but not limited to employees and
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officials of the City of Lubbock., within, upon or about the pre-
mises of any municipal building of the City of Lubbock without
first having obtained written permission from the City Manager.
Section 21-21. It shall be unlawful for any person,. firm or
corporation. to solicit, invite or request., either verbally or by
written material such as pamphlets., brochures or leaflets, any
other person, including but not limited to employees and officials
of the City of Lubbock~ a membership in apy private, fraternal,
professional~ charitable or public organization, club .. group or
association of any character whatsoever~ within,. upon or about the
premises of any municipal building of the City of Lubbock, without
first having obtained written permission from the City Manager.
Section 21-22., It shall be unlawful for any person,. firm or
corporation to solicit, invite or request any employee or official
o~ the City of Lubbock to join or become a member of any private,.
fraternal. professional., charitable or public organization, club,
group or association of any character whatsoever while such
employee or official of the City of Lubbock is or should be under
the term of employment performing his official duties,. without
first having obtained written permission from the City Manager.
Section 21-23. It shall be unlawful for any person, firm or
corporation unless authorized by a written permission issued by
the City Manager to enter or to loiter in or about the premises
of any municipal property for the purpose of soliciting the pur-
chase or sale of any goods, wares, merchandise or services and/
or the membership in any private, fraternal, professional,
charitable or public organization,. club, group or association of
any character.
Section 21-24. Any person who desires to solicit within any
municipal building or upon or about the premises of any municipal
propertyi>r the purchase or sale of any goods, wares, merchan-
dise or services and/or the membership in any private,fraternal,
professional# charitable or public organization, club,. group or
association shall be required to file with the City Manager of the
City of Lubbock before soliciting as herein described a written
request by United States mail,. or shall apply in personfor per-
mission for such solicitafun,. stating (a) his name in full; (b) the
name of the firm or corporation by whom he is employed, if any,
or the name of the private, fraternal, professional, charitable or
public organization, club .. group or association with whom he is
affiliated,. if any; (c) describing the goods, wares, merchandise
or services such person desires to solicit the purchase or sale of,
if any, or describing his credentials and attaching thereto a copy
thereof of his authorization to solicit membership in such private,
fraternal, professional~ charitable or public organization,. club,
group or association for which he desires to solicit member·ship
in; (d) whether or not he is to receive any pay for his solicitations
or renwneration of any type; (e) the time,. and place such solicita-
tion is proposed to be made and which application shall be signed by
him. Upon such application being filed~ the City Manager shall de-
termine whether or not such solicitation will constitute an undue
interference with the employees and officials of the City of Lubbock
in performing their duties and if he so finds he shall reject said
application by; writing across the face thereof the word "rejected"
and sign same together with the date same was rejected and return
same to applicant; but upon such application being found to be of such
character that the proposed solicitation will not interfere with and
delay the employees and officials of the City of Lubbock in performing
their duties, the City Manager shall issue to the applicant a written
permission to solicit on which shall appear the following: 11(1) the
solicitor1s name (2} the firm or corporation by whom he is employed
or the name of the private.. fraternal., professional, charitable or
public organization, club, group or association which he is represent-
ing (3) the period of time for which such permit is granted and shall
cause the same to be signed and dated. u Such solicitor shall at all
times., when soliciting in any public building or upon or about the pre-
mises of any municipal property carry such written permission issued
by the City Manager, and shall exhibit the same when requested to do
so by a person being solicited.
Section 21-25. An appeal from any act of the City Manager granting~
rejecting or revoking the written permission to solicit the purchase or
sale of goods., wares, merchandise or services and/or membership in
any private~ fraternal~ professional or public organization~ club~ group
or association, as provided for in and by Section 21-24 of the Code of
Ordinances of the City of Lubbock, may be taken to the City Commission
within ten (10) days.
SECTION 2. 'Any person who shall solicit any other person, city employee
or official~ or who shall enter or loiter in or about municipal property, in
violation of Sections 21-20, 21-21~ 21-22, and 21-23 shall upon conviction., be
fined in any sum not to exceed $200.00.
SECTION 3. THAT the City Secretary is hereby authorized to cause publica
tion of the descriptive caption of this Ordinance, together with the penalty clause,
as an alternative method provided by law.
SECTION 4. THAT the enactment of this Ordinance~ being necessary to the
public safety and he protection of public property and to provide for the public
safety and the preservation of such public property., is hereby declared to be an
emergency measure creating a public necessity~ that the rule requiring proposed
Ordinances to be presented at two separate readings be dispensed with and this
Ordinance shall be effective from the date of publication as herein provided.
AND IT IS SO ORDERED
Passed this
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