ORDINANCE NO. 2957
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.
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.
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.
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 on the 15 day of April, 2008, and duly PASSED and ADOPTED this 6 day of May, 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this 7 day of May, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
End of Document - Back to Top