Chapter 5.10
SOLICITOR LICENSE
Sections:
5.10.040 Consent to enter onto real property.
5.10.050 License requirement, application, issuance, inspection, and revocation.
5.10.070 Submission requirements.
5.10.100 No solicitation sign.
Prior legislation: Ord. 696.
5.10.010 Purpose.
The City Council finds it necessary and desirable to regulate solicitation to:
1. Provide an effective opportunity for the public to protect themselves from the unwanted disruption of the peaceful and quiet enjoyment of their property and right to privacy caused by solicitors.
2. Protect the rights to free speech guaranteed by the Oregon and Federal Constitutions for lawful solicitors.
3. Provide a means by which those solicitors who choose to intrude upon and disrupt an occupant’s quiet enjoyment of property can be held accountable for such violations. [Ord. 948 § 4, 2016; Ord. 673 § 1, 1995.]
5.10.020 Definition.
“Solicit and solicitation” means 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. [Ord. 948 § 4, 2016; Ord. 906 § 1, 2012; Ord. 673 § 2, 1995.]
5.10.030 Prohibited acts.
1. It is unlawful for any person to:
a. Solicit before 9:00 a.m. or after 8:00 p.m., without the consent of the occupant to do so.
b. Solicit without first having obtained a business license pursuant to HMC 5.10.050, if required by that section.
c. Allow, suffer or permit any person soliciting on their behalf or under their direction to commit any act prohibited by this section.
d. Leave written materials upon real property where a sign conforming to the requirements of HMC 5.10.100 is posted.
e. Solicit upon real property where a sign conforming to the requirements of HMC 5.10.100 is posted.
2. Violation of subsection (1)(a), (b), (c) or (d) of this section is punishable as a civil infraction pursuant to Chapter 1.10 HMC.
3. Violation of subsection (1)(e) of this section is punishable as a criminal trespass in the second degree. [Ord. 948 § 4, 2016; Ord. 906 § 1, 2012; Ord. 673 § 3, 1995.]
5.10.040 Consent to enter onto real property.
1. It shall be an affirmative defense to an alleged violation of HMC 5.10.030(1)(a), (d) or (e) that the person charged with the violation or crime had received actual or constructive consent of the occupant prior to entering the real property. Constructive consent to enter real property may be implied from the circumstances of each instance, the relationship of the parties and actual or implied contractual relationships.
2. 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 8:00 p.m., if they have not posted a “No Solicitation” sign pursuant to HMC 5.10.100.
3. Nothing in this section 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 this chapter. [Ord. 948 § 4, 2016; Ord. 673 § 4, 1995.]
5.10.050 License requirement, application, issuance, inspection, and revocation.
In addition to the requirements of Chapter 5.05 HMC, an application for a solicitor license shall meet all of the review criteria in HMC 5.10.060. [Ord. 948 § 4, 2016.]
5.10.060 Review criteria.
A solicitor license shall comply with the following:
1. The applicant shall be subject to a criminal background check.
a. In considering the criminal background check, emphasis shall be given to any arrests or convictions of crimes of violence, sex offenses, narcotics, alcoholic beverage laws, and fraud. [Ord. 948 § 4, 2016.]
5.10.070 Submission requirements.
In addition to the requirements in HMC 5.05.060, an application for a solicitor license shall include:
1. A photograph taken within 60 days of application submission. The photograph shall be two inches by two inches showing the head and shoulders of the applicant in a clean and distinguishing manner.
2. Name of company/employer, if the applicant is employed, and the credentials establishing the employer-employee relationship.
3. A copy of vehicle registration information, of all vehicles owned or used by the applicant.
4. A copy of a valid government issued identification. [Ord. 948 § 4, 2016.]
5.10.080 Transferability.
No license shall be used at any time by any person other than the individual to whom it is issued. No license shall be assigned or otherwise transferred. [Ord. 948 § 4, 2016; Ord. 719 § 1, 1996; Ord. 673 § 9, 1995. Formerly 5.10.090]
5.10.090 Display of license.
Solicitors shall display their license at all times they are engaged in solicitation activities. [Ord. 948 § 4, 2016; Ord. 719 § 1, 1996; Ord. 673 § 10, 1995. Formerly 5.10.100]
5.10.100 No solicitation sign.
1. If an occupant of real property chooses to not invite solicitors onto their property, the occupant shall post a “NO SOLICITATION” sign pursuant to this section. The effect of the posting of such a sign is to express the refusal of the occupant to grant consent to any person to enter their real property to solicit, except to those persons exempt from these provisions by HMC 5.10.040.
2. Signs posted pursuant to this section shall be posted on or near the boundaries of the property at the normal point of entry; and
a. Signs must be reasonably visible; and
b. Signs must contain the words “NO SOLICITATION.”
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. [Ord. 948 § 4, 2016; Ord. 719 § 1, 1996; Ord. 673 § 11, 1995. Formerly 5.10.110.]
5.10.110 Evidentiary matters.
It shall be prima facie evidence of a violation of HMC 5.10.030(1)(d) if written material is found on real property upon which a sign conforming to the requirements of HMC 5.10.100 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. [Ord. 948 § 4, 2016; Ord. 745 § 1, 1998; Ord. 719 § 1, 1996; Ord. 673 § 12, 1995. Formerly 5.10.120]