§ 34-167. Unlawful solicitation.

(a)

Hours of operation. It shall be unlawful to solicit for charitable purposes between the hours of 9:00 p.m. and 9:00 a.m.

(b)

Misrepresentation of identity and purpose prohibited. It shall be unlawful for any person to solicit funds, directly or indirectly, by the misrepresentation of names, occupation, financial condition, social condition or residence of the persons purported to be benefited thereby or of the solicitor, or misrepresentation of any other material fact.

(c)

Representation of town approval prohibited. It shall be unlawful for any person who shall solicit funds for charitable purposes in the town to represent in connection with such solicitation of funds that the town endorses or approves of the purposes of such solicitation by the town or any officer or employee thereof.

(d)

False or misleading reports and statements prohibited. It shall be unlawful knowingly to make a false or misleading statement in the registration statement described in division 2 of this article, in the charitable solicitation report described therein, in any simplified report required by herein, or in the telephone disclosure statement described in herein.

(e)

Contacting persons after request for no contact. It shall be unlawful for any person knowingly to solicit funds from another for a particular charitable person or purpose after receiving notice that the other person does not want to be contacted again about contributing to the charitable person or purpose.

(f)

Full disclosure to potential donors required. It shall be unlawful for any person to solicit funds from another without disclosing to the potential donor his name, the name and address of the charitable organization on whose behalf he is soliciting, the name of any professional fundraiser for whom he is working and a statement that said entity is a professional fundraiser, and that additional information is on file with the town.

(g)

Display of identification card required. Unless the charitable solicitation is done over the telephone, the solicitor must conspicuously display a card of the minimum size of three (3) inches by five (5) inches and which legibly bears the name of the solicitor, the name and address of the charitable organization on whose behalf he is soliciting, the name of any professional fundraiser for whom he is working, a statement that said solicitor is a professional fundraiser, and a statement that additional information is on file with the town.

(h)

Sale of goods or services to comply with state law. Charitable solicitations involving the sale or attempted sale of goods or services shall be subject to the provisions of the Deceptive Trade Practices—Consumer Protection Act, V.T.C.A., Business and Commerce Code § 17.41 et seq., and the provisions of said act, as amended, are adopted herein by reference.

(Ord. No. 234, § 30, 1-20-2009)