Memorandum

DATE May 13, 2021 CITY OF DALLAS

TO Honorable Members of the Quality of Life, Arts and Culture Committee
SUBJECT Home Solicitations and Predatory Tactics Ordinance

The attached draft ordinance was requested by Councilman Adam Bazaldua for consideration by
the Quality of Life, Arts & Culture Committee for approval by City Council at the June 9, 2021,
agenda meeting.

Please let me know if you have any questions or need any additional information.

Joey Zapata
Assistant City Manager

c: T.C. Broadnax, City Manager Majed A. Al-Ghafry, Assistant City Manager

Chris Caso, City Attorney Jon Fortune, Assistant City Manager
Mark Swann, City Auditor Dr. Eric A. Johnson, Chief of Economic Development and Neighborhood Services
Bilierae Johnson, City Secretary M. Elizabeth Reich, Chief Financial Officer
Preston Robinson, Administrative Judge M. Elizabeth (Liz) Cedillo-Pereira, Chief of Equity and Inclusion
Kimberly Bizor Tolbert, Chief of Staff to the City Manager Directors and Assistant Directors

“Our Product is Service”

Empathy | Ethics | Excellence | Equity
 3-9-21

ORDINANCE NO. __________

An ordinance amending Chapter 42, “Home Solicitations,” of the Dallas City Code by retitling

Chapter 42; amending Sections 42-1, 42-2, and 42-13; providing a definition for predatory tactics

and prohibiting the use of predatory tactics while conducting home solicitations; adding a new

Article IV to prohibit predatory tactics to initiate the sale or purchase of residential real property;

providing a penalty not to exceed $500; providing a saving clause; providing a severability clause;

and providing an effective date.

WHEREAS, the use of predatory tactics to initiate commercial transactions can intimidate

and harass Dallas homeowners; and

WHEREAS, Dallas has seen an incredible amount of economic growth over the years that

has caused average home values to increase; and

WHEREAS, homeownership remains a key way for working-class families to build

wealth; and

WHEREAS, a December 2020 Dallas Observer article reported that many sellers in fast-

appreciating neighborhoods are accepting prices that are often far below the estimated fair market

value; and

WHEREAS, Dallas residents are missing out on rising values because they are selling their

homes for artificially low amounts; and

WHEREAS, many Dallas residents often feel pressured to engage in commercial activities,

including selling their homes, as a result of predatory tactics; and

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 WHEREAS, persons who engage in predatory tactics persuade, convince, cajole, pressure,

force, harass, or otherwise coerce residents of Dallas to engage in commercial activities, including

to coerce homeowners into selling their property; and

WHEREAS, these tactics have become prevalent within the City of Dallas; and

WHEREAS, the City of Dallas has determined that it is in the best interest of the public

safety and welfare of the residents of the City of Dallas to prohibit predatory tactics within the City

of Dallas. Now, Therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

SECTION 1. That Chapter 42, “Home Solicitations,” of the Dallas City Code is retitled,

“Home Solicitations and Predatory Tactics.”

SECTION 2. That Section 42-1, “Purpose,” of Article I, “General,” of Chapter 42, “Home

Solicitations and Predatory Tactics,” of the Dallas City Code is amended to read as follows:

“SEC. 42-1. PURPOSE.

The purpose of this chapter is to protect against criminal activity (including, but not limited
to, burglary and fraud), to minimize the unwelcome disturbance of citizens and the disruption of
privacy, to protect homeowners from the pressure of predatory tactics when solicited to engage in
commercial activities, and to otherwise preserve the public health, safety, and welfare by providing
a registration program for home solicitors.”

SECTION 3. That Section 42-2, “Definitions,” of Article I, “General,” of Chapter 42,

“Home Solicitations and Predatory Tactics,” of the Dallas City Code is amended to read as follows:

“SEC. 42-2. DEFINITIONS.

In this chapter:

(1) AGENT means any person employed by or contracting with a home

solicitor.

(2) CERTIFICATE OF REGISTRATION or REGISTRATION means a

certificate of registration issued to a home solicitor under this chapter.

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 (3) CHIEF means the chief of police for the city of Dallas or a designated
representative.

(4) COMMERCIAL PRINTED MATTER means any printed or written matter,

whether on a sample, device, dodger, circular, leaflet, pamphlet, paper, or booklet, and whether
printed, reproduced, or copied that:

(A) advertises for sale any merchandise, product, commodity, or

service;

(B) directs attention to a business or commercial establishment or other

activity for the purpose of either directly or indirectly promoting sales or purchases of goods,
services, or real property;

(C) directs attention to or advertises a meeting, performance, exhibition,

or event, for which an admission fee is charged for the purpose of private gain or profit, unless an
admission fee is charged or a collection is taken up at the meeting, performance, exhibition, or
event only for the purpose of defraying the expenses; or

(D) while containing reading matter other than advertising matter, is

predominantly and essentially an advertisement and is distributed or circulated for advertising
purposes or for the private benefit and gain of any person so engaged as the advertiser or
distributor.

(5) CONVICTION means a conviction in a federal court or a court of any state

or foreign nation or political subdivision of a state or foreign nation that has not been reversed,
vacated, or pardoned.

(6) DISTRIBUTION means:

(A) to hand or attempt to hand commercial printed matter to an owner

or occupant of a residential premises or to any other person then present on the residential
premises; or

(B) to place, deposit, or distribute commercial printed matter on

residential premises.

(7) GOODS means property of every kind.

(8) HOME SOLICITATION means the business of soliciting, selling, or taking

orders for goods or services, [or] distributing commercial printed matter, or soliciting the sale or
purchase of residential real property by going to one or more residential premises in the city in
person or by an agent.

(9) HOME SOLICITOR means a person who engages in home solicitations.

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 (10) IDENTIFICATION BADGE means a badge issued to a registrant under this
chapter that contains:

(A) the registrant’s photograph;

(B) the number and expiration date of the registrant’s certificate of

registration; and

(C) the phrase “Home Solicitor Registered under Chapter 42 of the

Dallas City Code,” or similar language approved by the chief.

(11) PERSON means an individual, corporation, trust, partnership, association,

or any other legal entity.

(12) PREDATORY TACTICS means repeated and unsolicited attempts, within

any 180-day period, to contact a person including via personal visits, written material, telephone
calls, or similar means under circumstances where the person or entity has affirmatively requested
the person or the person’s agent to refrain from such activity.

(13) REGISTRANT means a person issued a certificate of registration as a home

solicitor under this chapter.

(14[13]) RESIDENTIAL PREMISES means any dwelling, house, building, or

other structure designed or used either wholly or in part for private residential purposes (whether
inhabited, uninhabited, or vacant), including any yard, grounds, walk, driveway, porch, steps,
vestibule, or mailbox belonging or appurtenant to the dwelling, house, building, or other structure.

(15[14]) SERVICES means any work done for the benefit of another person.”

SECTION 4. That Subsection (a) of Section 42-13, “Time and Manner for Conducting

Home Solicitations,” of Article III, “Miscellaneous Requirements for Home Solicitations,” of

Chapter 42, “Home Solicitations and Predatory Tactics,” of the Dallas City Code is amended to

read as follows:

“(a) A person commits an offense if the person conducts or attempts to conduct (either
personally or through an agent) a home solicitation at a residential premises:

(1) before 9:00 a.m. or after sunset of any day, Monday through Saturday;

(2) at any time on a Sunday; [or]

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 (3) at any time on New Year’s Day, Martin Luther King, Jr. Day, Presidents’
Day (Washington’s Birthday), Memorial Day, Independence Day (July 4th), Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day, or Christmas Day; or

(4) using predatory tactics.”

SECTION 5. That Chapter 42, “Home Solicitations and Predatory Tactics,” of the Dallas

City Code is amended by adding a new Article IV, “Predatory Tactics,” to read as follows:

“ARTICLE IV.

PREDATORY TACTICS.

SEC. 42-16. PREDATORY TACTICS PROHIBTED.

(a) A person commits an offense if the person uses predatory tactics to initiate or solicit
the sale or purchase of residential real property.

(b) The offense in this section shall be considered to have been committed within the
corporate limits of the city where:

(1) a person was located in the City of Dallas when the person committed the
acts prohibited by this section; or

(2) the victim was located in the City of Dallas when the acts prohibited by this
section were committed by the person in violation of this section.”

SECTION 6. That a person violating a provision of this ordinance, upon conviction, is

punishable by a fine not to exceed $500.

SECTION 7. That Chapter 42 of the Dallas City Code shall remain in full force and effect,

save and except as amended by this ordinance.

SECTION 8. That any act done or right vested or accrued, or any proceeding, suit, or

prosecution had or commenced in any action before the amendment or repeal of any ordinance, or

part thereof, shall not be affected or impaired by amendment or repeal of any ordinance, or part

thereof, and shall be treated as still remaining in full force and effect for all intents and purposes

as if the amended or repealed ordinance, or part thereof, had remained in force.

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 SECTION 9. That the terms and provisions of this ordinance are severable and are

governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.

SECTION 10. That this ordinance shall take effect immediately from and after its passage

and publication in accordance with the provisions of the Charter of the City of Dallas, and it is

accordingly so ordained.

APPROVED AS TO FORM:

CHRISTOPHER J. CASO, City Attorney

By__________________________________
Assistant City Attorney

Passed______________________________

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