“Going back a few years ago when we originally started talking about this, the idea of people not wanting to have somebody knocking on their door and asking for contributions or money in the privacy of their homes, that is what this addresses,” said City Manager Rob Schommer, who added that the ordinance will be considered again Jan. 9 and could be amended.
“However, canvassing, which is permitted as defined in there, is passing out information and ideas, not necessarily the solicitation of donations, or funds or contributions. That’s the distinct difference.”
Mayor Tom McMasters expressed concern that such a definition would prohibit organizations like the Boy Scouts from going door-to-door selling popcorn without a permit.
Vice Mayor Tyler Starline said it may be necessary to lump all solicitors together to avoid violating the First Amendment.
“The problem is, the more exemptions you create in a code like this, the more you start parsing out privileges for some and not for others based on either the person who’s communicating or the themes communicated,” said Starline, an attorney. “The more risky it becomes in terms of its free-speech analysis.”
Under the proposed new policy, solicitors would apply to the chief of police for a revocable, 14-day license. Vendors would be required to disclose their name, address, photo identification, license number and a description of the business or services sold. Applicants would also state whether they’ve been convicted of a felony or certain misdemeanors.
The application for a license would be free and would be processed by the police division within two business days. An appeals process through the police and city manager would be specified for denied applicants.
All canvassing and solicitation would be done between 9 a.m. and 9 p.m. Addresses with a “no solicitors” sign would have to be honored.
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