Ord. 2557 - Amendment to Solicitation Ordinance 2545COUNCIL BILL NO. 3062
ORDINANCE NO. 2557"
AN ORDINANCE AMENDING ORDINANCE 2545 (THE SOLICITATION ORDINANCE) AND
DECLARING AN EMERGENCY
WHEREAS, in March 2017, the City Council repealed the City of
Woodburn Peddlers and Solicitors Ordinance (Ordinance 1187) because of
concerns that it was unconstitutional; and
WHEREAS, the City Council did not want an unconstitutional ordinance,
but also wanted to protect Woodburn residents who chose not to be
contacted by door-to-door solicitors; and
WHEREAS, the City Council replaced the old Peddlers and Solicitors
Ordinance (Ordinance 1187) with a new Solicitation Ordinance (Ordinance
2545) regulating the time of solicitation and also providing that Woodburn
residents who wanted no contact with solicitors could post "No Soliciting"
signs; and
WHEREAS, the City Council believes that it is now in the public interest to
amend Ordinance 2545 so that the rights of all Woodburn residents can be
protected, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 2 of Ordinance 2545 is amended to read as follows:
Section 2. Solicitation Times. It is unlawful for any person to solicit
before 9:00 a.m. or after 9:00 p.m. without the invitation of the
occupant.
Section 2. Section 3 of Ordinance 2545 is repealed.
Section 3. Section 4 of Ordinance 2545 is amended to read as follows:
Section 4. Effect of Posting "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
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ORDINANCE NO. 2557
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.
Section 4. Section 5 of Ordinance 2545 is amended to read as follows:
Section 5. Civil Penalty -Civil Infraction.
A. A first violation of Section 2 of this Ordinance constitutes
a Class 5 Civil Infraction.
B. A second violation of Section 2 of this Ordinance
by the same person within a twelve (12) month
period constitutes a Class 3 Civil Infraction.
C. Civil violations of Section 2 of this Ordinance are
filed in the Woodburn Municipal Court as Civil
Infractions and shall be processed according to
the procedures contained in the Woodburn Civil
Infraction Ordinance.
Section 5. Ordinance 2545 is amended to add a New Section 5A to read as
follows:
Section 5A. Criminal Penalty -Criminal Trespass. A person who
enters or remains unlawfully on property posted with a "No
Solicitation," "No Trespassing," or similar sign is subject to
prosecution for Criminal Trespass under Oregon state statute
by the Marion County District Attorney's Office in Marion
County Circuit Court.
Section 5. Emergency Clause. This ordinance being necessary for the
immediate preservation of the public peace, health and safety in that the
amendment involves significant public safety issues and should be effective
immediately, an emergency is declared to exist and this ordinance shall take effect
immediately upon passage by the City Council and approval by the Mayor.
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ORDINANCE NO. 2557
Approved as to form:
a
City Attorney Dat
Approved:
6thrJn'Fialek, Mlavor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
I
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
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ORDINANCE NO. 2557