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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 v 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 rrri 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) 0 Q a e c s ;.,,, ,,,,,, Ifsl� o's 4. � ''Z' 0 v* ft ft • ,.. 1 s. t • 0 J l s r '�_ " f ® M a .r • a %.r- p I N '.z.l 1 ' � T� g . I � f � 0