HomeMy WebLinkAbout2023-4471 - Ordinance - 09/28/2023ORDINANCE NO. 2023-4471
AN ORDINANCE AMENDING CHAPTER 8, “BUSINESSES,” ARTICLE V, “HOME
SOLICITATION, ITINERANT VENDORS, AND TEXAS A&M UNIVERSITY TICKET
RESELLING,” DIVISION 3 “ITINERANT VENDOR PERMITS,” OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
CERTAIN SECTIONS RELATING TO ITINERANT VENDOR; PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 8, “Businesses,” Article V, “Home Solicitation, Itinerant
Vendors, and Texas A&M University Ticket Reselling,” Division 3 “Itinerant
Vendor Permits,” Section 8-236 (b) and Section 8-237 (a) (5) and (b) (2) of the
Code of Ordinances of the City of College Station, Texas, be amended as set out in
Exhibit “A” attached hereto and made a part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas, that can be given effect without the invalid
or unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity violating any of the provisions of this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine of not less
than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00)
or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or
public health and sanitation ordinances, other than the dumping of refuse. Each day
such violation shall continue or be permitted to continue, shall be deemed a separate
offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
ORDINANCE NO. 2023-4471 Page 2 of 3
PASSED, ADOPTED and APPROVED this 28th day of September, 2023.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. 2023-4471 Page 3 of 3
EXHIBIT A
That Chapter 8, “Businesses,” Article V, “Home Solicitation, Itinerant Vendors, and Texas
A&M University Ticket Reselling,” Division 3 “Itinerant Vendor Permits,” Section 8-236 (b)
and Section 8-237 by adding (a) (5) and amending (b) (2) of the Code of Ordinances of the City
of College Station, Texas, is hereby amended to read as follows:
Sec. 8-236. Exemptions to itinerant vendor permits.
(b) A charitable organization is exempt only from submitting an application, obtaining
the permit, paying the permit fee and bonds when holding a bazaar, fete, rummage sale,
car wash or other special event for the purpose of raising funds. A charitable organization
must follow all other itinerant vendor regulations in this chapter.
Sec. 8-237. Term, limitations and representations.
(a) Duration
(5) Northgate Sales Time. No itinerant vendor or charitable organization
may operate between the hours of 2 a.m. to 5 a.m. in the Northgate District.
(b) Zoning and location restrictions.
(2) No itinerant vendor or charitable organization may locate or operate in or
on any street, sidewalk, right-of-way, promenade, parking garage, parking lot or
any other City owned, leased, or operated property without the express written
consent of the City Manager.