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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.