18-M-21 - Temporarily Suspending certain provisions of Chapter 62 regulating peddlers and solicitorsORDINANCE NO. 18 -M -21
AN ORDINANCE TEMPORARILY SUSPENDING CERTAIN PROVISIONS OF
CHAPTER 62 OF THE CITY OF SCHERTZ CODE OF ORDINANCES REGULATING
PEDDLERS AND SOLICITORS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; DECLARING AN
EMERGENCY; PROVIDING AN EFFECTIVE DATE; AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, to protect the citizens of the City, the City Council previously adopted Code
of Ordinances, Chapter 62, to regulate solicitation in the City; and
WHEREAS, the City Council has determined that circumstances exist requiring
immediate action to temporarily suspend certain provisions of the previously adopted Code of
Ordinances, Chapter 62, to adjust the hours allowed for solicitation thereunder until such time as
a full review and revision of the Chapter is possible; and
WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the
Texas Local Government Code, as amended, and the City's Charter, authorize the City to adopt,
publish, amend, or repeal an ordinance for the good government, peace, order, and welfare of the
City; and
WHEREAS, the City finds and determines that the rules and regulations adopted herein
promote the good government, peace, order, and welfare of the City.
NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
SECTION 1. That the prohibition of soliciting within the city between the hours of 6:00
p.m. and 10:00 a.m. or at any time on Sunday is hereby temporarily waived and enforcement
suspended with regards to solicitation that occurs between 6:00 p.m. and 30 minutes following
sunset Monday through Saturday. Should there be a question regarding the time of sunset, sunset
shall be defined by the U.S. Naval Observatory Astronomical Applications Department Table of
Sunrise and Sunset times.
SECTION 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the City Council.
SECTION 3. All ordinances, or parts thereof, which are in conflict or inconsistent with
any provisions of this Ordinance are hereby repealed'to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved therein.
SECTION 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
SECTION 5. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held invalid, the remainder of this Ordinance and the application of such
provision to other persons and circumstances shall nevertheless be valid, and the City Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 6. It is officially found, determined, and declared that the meeting at which
this Ordinance, is adopted was open to the public and that public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this Ordinance,
was given, all as required by Chapter 551, Texas Government Code, as amended.
SECTION 7. This Ordinance having been found to constitute an emergency measure
pursuant to the Charter of the City of Schertz shall be effective upon the date of adoption hereof
and any publication required by law once approved by an affirmative vote of not less than two -
thirds of the members of the City Council present at the meeting.
PASSED and APPROVED on first and final reading this the 12th day of June, 2018.
APPROVED:
ATTEST:
4
City gecretary
APPROVED AS TO FORM:
City Attorney