§ 40-1. Findings and purpose.

(a)

This chapter is based on the following findings:

(1)

The city council finds that persons and organizations have been visiting and continue to visit private residential properties, as well as privately owned businesses, for the purposes of soliciting sales of goods, wares, merchandise or services.

(2)

Some residents and business owners find these commercial activities to be intrusive upon their privacy.

(3)

The city council further finds that a variety of misrepresentations and other frauds are at times employed in such commercial activities.

(4)

Unregulated door-to-door commercial solicitation constitutes a serious concern for the city.

(5)

The goal of protecting residents from fraud and crime and thereby promoting the safety and privacy of residences within the city is a legitimate, urgent and substantial governmental interest.

(6)

The city has a substantial interest in preventing fraudulent or criminal activities which may result from unregulated commercial solicitation.

(7)

The city has a substantial interest in protecting individuals' safety and privacy by reasonably limiting the hours of commercial solicitation and setting those hours consistent with those recognized to be customary at retail commercial establishments within the city and requiring the registering and permitting of commercial solicitors in a content neutral manner.

(8)

The city has a substantial interest in allowing individuals to determine their level of comfort with privacy and whether or not they want to receive solicitation.

(9)

Noncommercial speech is entitled to broader protection under the First Amendment to the United States Constitution than commercial speech, affording the city a greater ability to regulate commercial speech than noncommercial speech.

(10)

All of these goals and interests may properly be served by this narrowly tailored regulation which requires a commercial solicitor to obtain a permit prior to soliciting within the city, reasonably limits the hours of activities, and prohibits solicitation of occupants on property where residents have a posted sign prohibiting such activities.

(11)

Persons and organizations have been visiting and continue to visit private residential properties, as well as privately-owned businesses, for the purposes of soliciting sales of goods, wares, merchandise or services.

(12)

Many residents and business owners find these commercial activities to be intrusive upon their privacy.

(13)

Misrepresentations and other frauds are at times employed in such commercial activities.

(14)

Unregulated door-to-door commercial solicitation constitutes a serious concern for the city.

(15)

The goal of protecting residents from fraud and crime and thereby promoting the safety and privacy of residences within the city is a legitimate, urgent and substantial governmental interest.

(16)

The city has a substantial interest attempting to limit fraudulent or criminal activities which may result from unregulated commercial solicitation.

(17)

The city has a substantial interest in protecting individuals' safety and privacy by reasonably limiting the hours of commercial solicitation and setting those hours consistent with those recognized to be customary at retail commercial establishments within the city and requiring the registering of commercial solicitors in a content neutral manner.

(18)

By adopting a registration system for commercial solicitations that identifies solicitors and requires basic background information from them, the city can limit the exposure of its residents to fraud and misrepresentation and prevent persons with a history of violent crime from conducting solicitations.

(19)

The city has a substantial interest in allowing individuals to determine their level of comfort with privacy and whether or not they want to receive solicitation.

(20)

By allowing people to post "no solicitation" notices and by prohibiting solicitations at places where such notices are posted, the city can protect the right of privacy of its residents and provide notice to potential solicitors of locations where they are not welcome.

(21)

Because democracy often depends on personal contact among officials, candidates, interested citizens and residents, it is important to protect noncommercial speech by allowing polling, campaigning, soliciting and other activities for noncommercial purposes without the additional restrictions imposed on commercial solicitations.

(22)

Some minor commercial transactions incidental to otherwise noncommercial activities are of a completely different character than the types of commercial solicitations targeted by this chapter. Thus the council has consciously provided an exemption for sales by youth in support of educational, charitable and community activities, with the intent of protecting such traditional activities as cookie and candy sales.

(23)

After many discussions, consultation with counsel and with an outside expert, the city council believes that the proposed ordinance is narrowly tailored to achieve its intended purposes and that it provides broadly for the continued free exercise of noncommercial speech by persons who want to contact residents and businesses in the community.

(b)

The purpose of this chapter is to balance free speech and expression with the health, safety and welfare of the residents of the city.

(Ord. No. 2010-04, § 1, 7-26-2010)