Chapter 5.05
PEDDLING AND SOLICITING
Sections:
5.05.040 Consent to enter real property.
5.05.050 Effect of posting “No Soliciting” sign.
5.05.070 Criminal penalty – Criminal trespass.
5.05.010 Purpose.
To regulate residential soliciting hours and prohibit door-to-door solicitors at residences posting “No Soliciting” signs. (Ord. 369-2020 § 2 (Exh. A))
5.05.020 Definition.
For the purposes of this chapter, 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. (Ord. 369-2020 § 2 (Exh. A))
5.05.030 Prohibited acts.
It is unlawful for any person to:
(1) Solicit before 9:00 a.m. or after 9:00 p.m. without the consent of the occupant to do so.
(2) Leave written materials upon real property where a “No Solicitation” sign conforming to the requirements of this chapter is posted.
(3) Solicit where a “No Solicitation” sign conforming to the requirements of this chapter is posted.
(4) Allow or permit any person soliciting on their behalf or under their direction to commit any act prohibited by this section. (Ord. 369-2020 § 2 (Exh. A))
5.05.040 Consent to enter real property.
(1) It shall be an affirmative defense to an alleged violation of this chapter 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.
(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 9:00 p.m. if they have not posted a “No Solicitation” sign, pursuant to this chapter. (Ord. 369-2020 § 2 (Exh. A))
5.05.050 Effect of posting “No Soliciting” sign.
(1) If an occupant of real property chooses to not invite solicitors, or certain types of solicitors, onto their property the occupant may post a sign indicating their preference, such as a sign stating “No Solicitation.” 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.
(2) Signs posted pursuant to this section shall be posted on or near the boundaries of the property at the normal points of entry.
(3) 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 on the sign at the primary entrance to the structure constitutes compliance with this section. (Ord. 369-2020 § 2 (Exh. A))
5.05.060 Violation – Penalty.
Any person violating any of the provisions of this chapter, upon conviction thereof, in the municipal court of the city of Hubbard, Oregon, shall be punished by a fine of not more than $100.00. (Ord. 369-2020 § 2 (Exh. A))
5.05.070 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. (Ord. 369-2020 § 2 (Exh. A))
5.05.080 Compatibility.
Nothing in this chapter shall relieve any person or entity who solicits and conducts business in the city from compliance with Chapter 5.01 HMC, Business Registration. (Ord. 369-2020 § 2 (Exh. A))
5.05.090 Severability.
The sections and subsections of this chapter are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. (Ord. 369-2020 § 2 (Exh. A))