Ord 2545 - Door to Door SolicitationCOUNCIL BILL NO. 3027
ORDINANCE NO. 2545
AN ORDINANCE PROHIBITING DOOR-TO-DOOR SOLICITATION AT RESIDENCES
WITH POSTED "NO SOLICITING" SIGNS; REGULATING HOURS; PROVIDING FOR
PROCEDURES AND PENALTIES; REPEALING ORDINANCE 1187; AND DECLARING AN
EMERGENCY
WHEREAS, Ordinance 1187 currently requires peddlers and solicitors to
provide certain information to the City, pass a background check and, in some
instances, post a bond; and
WHEREAS, Oregon and federal courts have invalidated similar ordinances
on the grounds that they violate the Oregon and United States Constitutions;
and
WHEREAS, these judicial decisions have found that constitutional
protections afforded to free speech and the free exercise of religion outweigh
the City's interest in the regulation of peddlers and solicitors; and
WHEREAS, the City Council and all City officials have the legal obligation
to maintain constitutional ordinances and to conform to judicial rulings;
WHEREAS, the City Council still desires to address public safety concerns
of City residents and combat against nuisance, harassment, and invasion of
individuals' privacy; and
WHEREAS, City enforcement of "No Soliciting" signs will substantially
accomplish the City's objectives but will not impinge on constitutional
protections, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definition. For the purposes of this Ordinance, the terms "solicit" and
"solicitation" shall mean the entry onto real property used for residential
purposes by a person for the purpose of communicating with an occupant of
the property, whether the communication is verbal, visual or in writing.
Section 2. Prohibited Acts. It is unlawful for any person to:
A. Solicit before 9:00 a.m. or after 9:00 p,m. without the consent of the
occupant to do so.
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Ordinance No. 2545
B. heave written materials upon real property where a "No Solicitation" sign
conforming to the requirements of this Ordinance is posted.
C. Solicit where a "No Solicitation" sign conforming to the requirements of this
Ordinance is posted.
D. Allow or permit any person soliciting on their behalf or under their
direction to commit any act prohibited by this section.
Section 3. Consent to Enter Real Property.
A. It shall be an affirmative defense to an alleged violation of this Ordinance
that the person charged received actual or constructive consent of the
occupant prior to entering the real property. Constructive consent may
be implied from the circumstances of each instance, the relationship of
the parties and actual or implied contractual relationships,
B. The occupant of real property shall be considered to have given
constructive consent to enter real property for the purpose of solicitation
between the hours of 9:00 a.m, and 9:00 p.m. if they have not posted a
"No Solicitation" sign, pursuant to this Ordinance.
Section 4. No Solicitation Sign.
A, If an occupant of real property chooses to not invite solicitors onto their
property the occupant may post a "No Solicitation" sign pursuant to this
section. The effect of posting a sign stating "No Solicitation," or similar
words to that effect, is to express the refusal of the occupant to grant
consent to any person to enter their real property to solicit.
B. Signs posted pursuant to this section shall be posted on or near the
boundaries of the property at the normal points of entry.
C. For real property possessing no apparent barriers to entry at the
boundaries of the property that limit access to the primary entrance of a
structure located on the property, placement of the sign at the primary
entrance to the structure constitutes compliance with this section.
Section 5. Violation - Penalt ,
A. A first violation of any provision of this Ordinance constitutes a Class 5 Civil
Infraction.
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Ordinance No. 2545
B. A second violation of this Ordinance by the same person within a twelve
(12) month period constitutes a Class 3 Civil Infraction,
C. All violations of this Ordinance that are filed in the Woodburn Municipal
Court as Civil Infractions shall be processed according to the procedures
contained in the Woodburn Civil Infraction Ordinance,
D. Each day that a violation of this Ordinance is committed or permitted to
continue shall constitute a separate Civil lnfracfion.
E. The remedies provided for in this Section are cumulative and not mutually
exclusive.
Section 7. Compatibility. Nothing in this Ordinance shall relieve any person or
entity who solicits and conducts business in the City from compliance with
Ordinance 2399, the Business Registration Ordinance.
Section 8. Severability. The sections and subsections of this Ordinance are
severable. The invaliclify of any section or subsection shall not affect the validity
of the remaining sections and subsections,
Section9. Savings. The repeal of any ordinance by this Ordinance shall not
preclude any action against any person who violated the ordinance prior to
the effective date of this Ordinance.
Section 10. Emergency Clause. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety so the City is in
compliance with court rulings, an emergency is declared to exist and this
ordinance shall take effect immediafeiy upon passage and approval by the
Mayor.
Approved as to form:
City Attorney
RMS
Submitted to the Mayor
Approved by the Mayor
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Ordinance No. 2545
Kathryn �igle� , Mayor
I
Filed in the Office of the Recorder Z 0 1
ATTEST: c/"y yam-
Heather Pierson, City Recorder
City of Woodburn, Oregon
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Ordinance No. 2545