HomeMy WebLinkAboutOrd2013-002 Sponsored by: City Attorney
Introduction: February 25, 2013
Public Hearing: March 11, 2013
Enactment: March 11, 2013
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE SEWARD CITY CODE RELATING TO THE
REGULATION OF DOOR -TO -DOOR SOLICITORS ON RESIDENTIAL
PROPERTY
WHEREAS, the City has a strong interest in promoting commerce and development
within its boundaries; and
WHEREAS, door -to -door sales contribute to the flow of commerce in the City; and
WHEREAS, the right and freedom of speech is a recognized right under the state and
federal constitutions; and
WHEREAS, door -to -door solicitations include commercial speech, which is protected
by the right and freedom of speech provided in the federal and state constitutions; and
WHEREAS, commercial speech is speech which does no more than propose a
commercial transaction; and
WHEREAS, commercial speech may be limited by reasonable time, place, and manner
restrictions in order to promote legitimate and substantial government interests; and
WHEREAS, the right of privacy in one's home from intrusion against tranquility and
security is recognized in the fundamental right of privacy contained in the state and federal
constitutions; and
WHEREAS, the City also has a strong interest in protecting its residents from
unreasonable intrusions into the privacy of the home to promote the health, safety and welfare of
its residents; and
WHEREAS, door -to -door solicitation of unwilling residents for any purpose infringes
upon the right of residents in the City to enjoy the privacy of their homes in tranquility and
security; and
WHEREAS, the risk of consumer fraud increases when the solicitor has no fixed place
of business in the City and consumer complaints cannot be resolved locally and expediently; and
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CITY OF SEWARD, ALASKA
ORDINANCE 2013 -002
WHEREAS, protecting the interests of residents in privacy and the quiet enjoyment of
private residential premises are legitimate government interests; and
WHEREAS, the City has an interest in balancing the rights of door -to -door solicitors
against the privacy rights of its residents in order to promote economic growth while preserving
the health, safety, and welfare of its residents; and
WHEREAS, door -to -door solicitations for any purpose may be limited by reasonable
time, place, and manner regulations as a means of balancing those interests when done in such a
manner so as not to intrude unduly on an individual's First Amendment rights; and
WHEREAS, it is important for the residents and citizens of Seward to know their rights
as it relates to door -to -door solicitation on residential property; and
WHEREAS, City residents who wish to enjoy the privacy of their homes without
interruption have the right to post no trespassing, no soliciting, or other similar signs; and
WHEREAS, City residents have the right to refuse entry to a solicitor; and
WHEREAS, a City resident that purchases a contract for the sale of goods or services in
the amount of $10 or more from a door -to -door solicitor has the right to revoke that purchase
within five (5) days of entering the contract; and
WHEREAS, a City resident that purchases a contract for the sale of goods or services in
the amount of $10 or more from a door -to -door solicitor must be informed by the solicitor of the
right to revoke at the time of the sale; and
WHEREAS, the City currently has an ordinance restricting door -to -door solicitations,
which in its present form is unenforceable; and
WHEREAS, it is therefore necessary to revise the current door -to -door solicitation
ordinance and related provisions consistent with the legitimate government interests expressed
above in a manner so as not to unduly intrude upon the freedom of expression afforded by the
Constitutions of the United States of America and the State of Alaska.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that
Section 1. Section 8.10.010 is amended as follows:
Strikeout = delete Bold Italics = new
8.10.010. - Exemptions from chapter; intent of chapter, interpretation.
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -002
boo (a) Unless otherwise provided, the The provisions of this chapter shall not apply to:
(1) Incidental fund - raising activities of less than two weeks per year duration
sponsored by charitable, religious, civic, educational or other nonprofit
organizations except that the limitations contained in section 8.10.020(d)
shall apply; or
(2) Solicitations of a non - commercial nature by charitable, religious, civic,
educational or other nonprofit organizations except that the limitations
contained in section 8.10.020(d) shall apply.
•
(b) 1t is the intent of this chapter not to unlawfully discriminate between residents of
this city or of the state and nonresidents thereof, and it is expressly provided that
this chapter shall apply without discrimination to all persons, residents of the city
or state or nonresidents thereof.
(c) This chapter shall not be interpreted to unduly limit or infringe upon the
freedom of expression but to place reasonable time, place, and manner
restrictions in furtherance of the legitimate government interests to regulate
business, deter crime, and protect the health, safety, and privacy of the City's
fir..
residents.
Section 2. The title of Section 08.10.020 is amended as follows:
Strikeout = delete Bold Italics = new
"Uninvited Door -to- door soliciting solicitation on residential property."
Section 3. Section 08.10.020 is repealed and replaced with the following:
(a) Intent. The requirements of this section shall apply to door -to -door solicitations
occurring on residential private property.
(b) Definitions. For purposes of this section, the following definitions shall apply.
(1) "Commercial solicitation" shall mean any solicitation where the
primary purpose of the solicitation is not charitable, political, or
religious, and includes solicitations for the sale of any goods or services.
(2) "Door -to -door solicitation" includes the term "door -to -door sale" and
refers to a commercial solicitation that occurs when the seller, or a
�,,� representative of the seller, personally solicits the sale and the
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -002
purchaser's agreement or offer to purchase is made at a place other
than the place of business of the seller. The term "door -to -door sale"
does not include a transaction
(i) made under prior negotiations in the course of a visit by the
buyer to a retail business establishment having a fixed
permanent location where the goods are exhibited or the services
are offered for sale on a continuing basis;
(ii) in which the buyer has initiated the contact and the goods or
services are needed to meet a bona fide immediate personal
emergency of the buyer;
(iii) conducted and consummated entirely by mail;
(iv) in which the buyer has initiated the contact and specifically
requested the seller to visit the buyer's home for the purpose of
repairing or performing maintenance upon the buyer's personal
property; or
(v) conducted at the buyer's place of business.
(3) "Residence" shall have the meaning given in section 15.10.140 of this
code.
(4) "Solicit" or "Solicitation" shall mean any request directly or indirectly,
verbally or in writing, for money, credit, property, financial assistance,
or other thing of value on the solicitor's own behalf or on behalf of
another. Solicitation shall be deemed to have taken place when the
request is made, whether or not the solicitor making the same receives a
contribution.
(5) "Solicitor" shall mean a person engaged in the business of door -to -door
solicitations for the purpose of commercial transactions and includes
peddlers, itinerant merchants, transient merchants and vendors, as
defined in section 15.10.140 of this code.
(c) Business license required. Persons engaged in the business of door -to -door
solicitations for the purpose of commercial transactions, including the sale of
goods and services, are subject to the business licensing requirements pursuant
to Title 8 Chapter 30 of this Code unless otherwise exempt. Upon request, a
solicitor must show a valid copy of a current city business license to any owner,
lessee, tenant, agent or occupant of the premises upon which a door -to -door
solicitation is being made.
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -002
(d) Prohibitions. No solicitor shall:
(1) ring the bell or knock on the door of or attempt to gain entry to, any
residence before nine a.m. (9:00 a.m.) of any day or after eight p.m.
(8:00 p.m.) of any day; or
(2) solicit at any residence to which is affixed a sign indicating "No
Solicitors," "No Peddlers," "No Trespassing," or similar indication that
solicitation is not desired on the premises, unless expressly permitted by
the owner, lessee, tenant, agent or occupant of the premises; or
(3) continue to solicit from another after the desire not to be solicited has
been expressed; or
(4) solicit or continue to solicit where the owner, lessee, tenant, agent or
occupant of the private property has notified the solicitor that he or she
is not allowed on the private property; or
(5) intentionally obstruct the free movement of any person or vehicle; or
lam (6) refuse to leave any residence or other private property within the City
when requested to leave by the owner or occupant, or an agent of the
owner or occupant of the premises.
(e) Right of Revocation. A contract for the purchase of goods or services in the
amount of $10 or more from a solicitor soliciting a door -to -door sale shall
require, as a condition of taking effect, that the purchaser shall have the right
to revoke the offer to buy within five (5) days from entering into the contract,
and the solicitor, at the time of sale, shall give the purchaser written notice of
the right to revoke. Revocation is effective either upon the tender of the rejected
goods to the seller or an agent of the seller, or upon the posting of a registered
letter (marked Deliver to Addressee Only, Return Receipt) of rejection to the
seller or an agent of the seller.
Section 4. This ordinance shall take effect ten days following its enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 11 day of March,
2013.
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -002
THE CITY OF SEWARD, ALASKA
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David Seaward, r
AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward ^
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: 4 a A iv" Jr /till
i
Jo anna Kinney, C
y Clerk
(City Seal)
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