HomeMy WebLinkAbout2957 Solicitation/Peddlers
ORDINANCE NO. ?-C\S \
AN ORDINANCE RELATING TO SOLICITATION,
REQUIRING NO TRESPASS SIGNS, LIMITING SOLICITATION HOURS,
AND REPEALING CODE CHAPTER 6.24 CONCERNING PEDDLERS,
WHEREAS, the City of Ashland wishes to repeal its peddler provisions and replace it with
an ordinance that conforms with case law regarding solicitation.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 6.24.010 [Solicitation hours] through 6.24.060 [Penalties] are hereby
added to read as follows:
6.24.010 Solicitation hours.
The occupant or person in control of real property shall be considered to have given
constructive consent to enter those premises -for the purpose of solicitation between the
hours of 9:00 a.m. and 9:00 p.m., unless a sign is posted pursuant to AMC 6.24.030.
6.24.020 Business license tax.
Nothing in this Chapter exempts or excuses any person or entity from the requirements
of the business license tax ordinance, AMC Chapter 6.04.
6.24.030 Criminal trespass.
A person who enters private property with a posted and clearly visible "No Solicitation,"
"No Trespassing," or similar sign is subject to prosecution for criminal trespass, regardless
of whether the purpose for entry was to engage in business or otherwise and regardless of
the hour at which the solicitation took place.
6.24.040 Signs
Signs posted under this section must contain the words "no solicitation" or "no
trespassing" or substantially similar language. Signs shall not exceed 12 inches by 12
inches in dimension, and such signs shall conform with AMC Chapter 18.96. Signs posted
pursuant to this section shall be posted on or near the boundaries of the property at normal
points of entry, or if there are no apparent boundaries, the sign shall be placed at the
primary entrance.
6.24.050 Criminal trespass exception.
The prohibition of AMC 6.24.030 does not apply to those who-have received prior
express permission from the person in control of the premises, or to government officials
entering the property in the performance of their lawful duties, including, but not limited to:
postal workers, peace officers, emergency service personnel, or city employees.
6.24.060 Penalties.
A violation of any of the provisions of this chapter shall constitute a Class C
misdemeanor, except that the maximum fine per offense is limited to five hundred dollars
($500.00) and the costs of prosecution while Article 9, Section 1 of the Ashland City Charter
is effective. Notwithstanding this provision, the offense of criminal trespass may also be
charged and prosecuted as a violation of state law.
Ordinance No. ~D\
Page 10f2
SECTION 2. Repeal. Ashland Municipal Code Chapter 6.24 [Peddlers] is hereby
repealed in its entirety.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and clauses.
The foregoing ordinance was first read by title only in ac
Section 2 ) of the City Charter on the Z'Z... day of
and dul ASSED and ADOPTED this '" day of
~
;1i
Bar ara M. Christensen, City Recorder
SIGNED and APPROVED this 7 day of ~ 2008.
~-
Ordinance No. J.-C\t.S\
Page 2 of2
ORDINANCE NO. d- C\ S 1
AN ORDINANCE RELATING TO SOLICITATION,
REQUIRING NO TRESPASS SIGNS, LIMITING SOLICITATION HOURS,
AND REPEALING CODE CHAPTER 6.24 CONCERNING PEDDLERS,
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold . and additions are bold underlined.
WHEREAS, the City of Ashland wishes to repeal its peddler provisions and replace it with
an ordinance that conforms with case law regarding solicitation.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Sections 6.24.010 [Solicitation hours] through 6.24.060 [Penalties] are hereby
added to read as follows:
6.24.010 Solicitation hours.
The occupant or person in control of real property shall be considered to have
aiven constructive consent to enter those premises -for the purpose of solicitation
between the hours of 9:00 a.m. and 9:00 p.m., unless a sian is posted pursuant to
AMC 6.24.030.
6.24.020 Business license tax.
Nothina in this Chapter exempts or excuses any person or entity from the
reauirements of the business license tax ordinance, AMC Chapter 6.04.
6.24.030 Criminal trespass.
A person who enters private property with a posted and clearlv visible "No
Solicitation," "No Trespassina," or similar sian is subiect to prosecution for criminal
trespass, reaardless of whether the purpose for entry was to enaaae in business or
otherwise and reaardless of the hour at which the solicitation took place.
6.24.040 Sians
Sians posted under this section must contain the words "no solicitation" or "no
trespassina" or substantiallv similar lanauaae. Sians shall not exceed 12 inches bv
12 inches in dimension, and such sians shall conform with AMC Chapter 18.96.
Sians posted pursuant to this section shall be posted on or near the boundaries of
the property at normal points of entry, or if there are no apparent boundaries, the
sian shall be placed at the primary entrance.
6.24.050 Criminal trespass exception.
The prohibition of AMC 6.24.030 does not applv to those wh~have received prior
express permission from the person in control of the premises, or to aovernment
officials enterina the property in the performance of their lawful duties, includina, but
not limited to: postal workers, peace officers, emeraencv service personnel, or city
emplovees.
6.24.060 Penalties.
Ordinance No. g..C\'6!
Page 1 of2
A violation of any of the provisions of this chapter shall constitute a Class C
misdemeanor. except that the maximum fine per offense is limited to five hundred
dollars ($500.00) and the costs of prosecution while Article 9. Section 1 of the
Ashland City Charter is effective. Notwithstandina this provision. the offense of
criminal trespass may also be charaed and prosecuted as a violation of state law.
SECTION 2. Repeal. Ashland Municipal Code Chapter 6.24 [Peddlers] is hereby
repealed in its entirety.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and clauses.
The foregoing ordinance was first read b~nlY in ac
Section (C) of the City Charter on the ay of
and d PASSED and ADOPTED this day of
/4
with Article X,
,2008,
,2008.
arbara M. Christensen, City Recorder
SIGNED and APPROVED this ;;:ay of ~, 2008.
Ordinance No. ~C\51
Page 2 of2