Chapter 5.28
DOOR-TO-DOOR SOLICITATION OR MATERIALS DISTRIBUTION
Sections:
5.28.020 Prohibited acts, exemption.
5.28.030 Consent to enter onto real property, exemptions.
5.28.040 “No Solicitation” sign.
5.28.010 Definitions.
(1) Distribute, distributor, or materials distribution: Any printed or written matter including but not limited to placards, handbills, advertisements or posters, including signs for garage sales placed upon real property used for residential purposes with the intent of communicating with a resident of the property.
(2) Solicit, solicitor, or solicitation: Entry onto real property used for residential purposes with the intent of visually or verbally communicating with a resident of the property.
Statutory Reference: ORS 221.410
History: Ord. 1432, 2011.
5.28.020 Prohibited acts, exemption.
(1) It is unlawful for any person to:
(a) Solicit or distribute before 9 a.m. or after 9 p.m. when the local time is daylight savings time or after 8 p.m. when the local time is standard time, without the consent of the occupant to do so;
(b) Solicit or distribute materials upon real property where a sign conforming to the requirements of GMC Section 5.28.040 is posted.
Statutory Reference: ORS 221.410
History: Ord. 1432, 2011.
5.28.030 Consent to enter onto real property, exemptions.
(1) It shall be an affirmative defense to an alleged violation of GMC Section 5.28.020 that the person charged with the violation had received actual or constructive consent of the resident prior to entering onto the real property. Constructive consent to enter onto real property may be implied from the circumstances of each instance, the relationship of the parties and actual or implied contractual relationships.
(2) The resident of the real property shall be considered to have given constructive consent to enter onto the real property for the purpose of solicitation or materials distribution between the hours of 9 a.m. and 9 p.m. when the local time is daylight savings time or after 8 p.m. when the local time is standard time, if they have not posted a “No Solicitation” sign pursuant to GMC Section 5.28.040.
(3) Nothing in this subsection shall be construed to authorize the entry into a structure located on real property. The right to enter any structure must be otherwise provided for by law.
(4) Officers, employees or agents of a governmental entity while performing activities within the scope of their office, employment or agency are exempt from the requirements of GMC Chapter 5.28.
(5) No person shall be charged with a violation of GMC Section 5.28.020 in connection with an act committed between 4 p.m. and 9 p.m. on each October 31.
Statutory Reference: ORS 221.410
History: Ord. 1432, 2011.
5.28.040 “No Solicitation” sign.
(1) If a resident of real property chooses to not invite solicitors or distributors onto their property, the resident may post a “No Solicitation” sign pursuant to this subsection. The effect of the posting of such a sign is to express the refusal of the resident to grant consent to any person to enter onto their real property to solicit or distribute except to those persons exempt from these provisions by GMC Section 5.28.030.
(2) Signs posted pursuant to this section shall be posted on or near the boundaries of the property at the normal points of entry, and must be no smaller than 6 inches in height and 8 inches in width, and must contain wording sufficient to notify potential solicitors and distributors that solicitation and distribution is not allowed upon the property.
(3) For real property possessing no apparent barriers to entry at the boundaries of the property which 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.
Statutory Reference: ORS 221.410
History: Ord. 1432, 2011.
5.28.050 Evidentiary matters.
(1) It shall be prima facie evidence of a violation of GMC Section 5.28.020 if written material is found on real property upon which a sign conforming to the requirements of GMC Section 5.28.040 has been posted. The person responsible for such written material shall be the person identified in the written material as its proponent, sponsor, distributor or potential beneficiary of the communication conveyed.
Statutory Reference: ORS 221.410
History: Ord. 1432, 2011.
5.28.060 Violation.
(1) A violation of Chapter 5.28 of the GMC is a Class “A” Infraction as specified in GMC 1.08.010 through 1.08.100. Each and every day of the violation shall constitute a separate offense.
Statutory Reference: ORS 221.410
History: Ord. 1432, 2011.