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ORDINANCE NO. 2003 - 71 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 34, ENVIRONMENT, OF THE CITY CODE TO ADD SECTION 34.105 REGULATING CHARITABLE SOLICITATION ON PUBLIC STREETS; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. RECITALS: 45. O~ Section 34.103(b)(3) of the City Code prohibits all forms of solicitation, chaffiable or otherwise, from vehicles in public streets within the City of San Marcos. 2. Texas Transportation Code section 552.007 allows local authorities to authoriZe an exception to the state prohibition against pedestrians in the roadway for persons soliciting charitable contributions. 3. The City Council wishes to amend Chapter 34 of the City Code to authorize an exception for persons soliciting charitable contributions in public streets. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Division 4, Public Nuisances, of Article 3, Nuisances, of Chapter 34, Environment, of the City Code is amended by adding a new section 34.105 to read as follows: Sec. 34.105. Charitable Solicitation (a) The prohibition on soliciting from a vehicle in a street in Section 34.103(b)(3) above does not apply to a person soliciting contributions for a charitable organization which has been iSsued a permit under this section and who is in compliance v4,'.th all other provisions ofthis section. (b) In this section: (1) Charitable organization or organization means an entity that the United States Internal Revenue Service recognizes to be a charitable organization. (2) Contribution means currency, coin, or check. (c) In order to solicit contributions while standing in a public street or highway, a charitable organization must comply with the following requirements: