Schertz updates regulations governing peddlers and solicitors
The Schertz City Council took up some housekeeping items at its July 28 meeting, including updating its regulations governing peddlers and solicitors and taking a look at some of its license and permit fees.
Schertz’ ordinances governing peddling and soliciting had not been updated since 2003, explained Assistant Police Chief Marc Bane, and several laws and court decisions on the topic during the past 17 years had made portions of the ordinance obsolete.
While peddlers and solicitors are required to get a city permit from the Schertz Police Department, he told the council, that is not true of “canvassers,” individuals representing a particular religion, philosophy, ideology, political party or candidate. Nor, he added, does the regulation apply to someone distributing handbills or flyers.
“The courts have ruled that we can’t be too restrictive with the hours (that solicitors operate),” Bane said, pointing out that Schertz currently forbids that activity between 6 p.m. and 10 a.m. His department proposed shifting that to between 9 p.m. and 8 a.m.
Councilman Michael Dahle said he thought that evening cutoff was too late. “At least for my family and a lot of other families I know, around 8 p.m. is when people are getting ready for bed,” he said. “It’s after dinner and they’re having family time. I would prefer to restrict it from 8 p.m. to 8 a.m.” Council members David Scagliola and Allison Heyward agreed.
“There’s no statute that speaks to this,” explained City Attorney Dan Santee. “This is a form of speech, so any (time) restrictions we place upon it must be reasonable.”
Residents who don’t want salesmen calling on them can accomplish that by posting a “no solicitation” sign, the attorney added. “If you put ‘no solicitation’ on your front door, they shouldn’t be ringing your doorbell at all. It’s a violation of the ordinance. The residents have the ultimate control as to whether they are ever bothered or interrupted.”
A motion by Councilman Mark Davis to approve the rewritten ordinance as proposed failed for lack of a second. An amended motion to shift the restricted hours from 8 p.m. to 8 p.m. was passed unanimously.
City staff recommended no changes to water and sewer fees, some of the highest impact fees in the community, City Finance Director James Walters told the council. Most of recommended permit fee changes were for specific functions, such as a $150 fee for event facilities if the function did not clean up after itself and elimination of a business vendor fee at the city’s annual Jubilee celebration.
Fees for above-ground swimming pool more than 48 inches in depth would remain the same at $200, but those less than 48 inches would see a charge of only $25, Walters said.
Councilman Davis objected to that charge for certain cases. “I don’t mind having a permit fee if we have to go out and look at electrical connections for pumps and filters and things like that,” he said. “But I think this is just too generic. Basically, we’re saying anything you put in your back yard with water in it, you need a $25 permit fee, which I think is kind of ridiculous.”
Assistant City Manager Brian James agreed to adjust the ordinance language to indicate where the code specifically requires the permit. With that agreement, council voted unanimously to approve the new fee schedules with the new specifics to be added on a second reading that was set for Aug. 4.
In other actions, the council also unanimously renewed a contract to help provide ambulance and emergency medical services to Guadalupe County.
“We’ve held that contract for over 20 years,” said Jason Mabbitt, the city’s EMS director. “It’s very cost effective for us — there are not a lot of calls — and it provides good revenue.”
In 2019, he noted, Schertz handled only 415 emergency calls out of a total of 2,261 for the year.
James also reminded the meeting that the city will be holding its general election Nov. 3 to fill council places 3, 4 and 5 for full three-year terms.
As of press time, both Councilmen Dahle and Scagliola have filed for reelection for their Place 4 and 5 seats. Place 3 Councilman Scott Larson announced on Facebook he will not be returning to his position, and as of late July, only one candidate, realtor Jill Ann Whittaker, 47, had filed to take his place.
The filing deadline is 5 p.m. Aug. 17.
