HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/16/2002 - FIRST READING OF ORDINANCE NO. 098, 2002, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 18
FORT COLLINS CITY COUNCIL DATE: July 16, 2002FROM
Steve Roy
SUBJECT:
First Reading of Ordinance No. 098, 2002, Amending Section 15-106 of the City Code Pertaining
to Solicitations.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
This Ordinance would amend the City's "Green River Ordinance" so as to prohibit door-to-door
solicitations only at residential premises. Under a separate section of the Code,if a"no solicitation"
or"no trespassing sign"is posted at or near the entrance to business premises,the prohibition against
door-to-door solicitation would also apply to those business premises.
BACKGROUND:
For years, the City has had a"Green River Ordinance," that is, an ordinance banning door-to-door
solicitations. This ordinance is intended to protect the privacy and safety interests of property
j owners. These interests are particularly in need of protection in the case of residential premises,and
those are the kinds of premises to which the total ban on door-to-door solicitation is intended to
apply. For other kinds of premises, the ban on solicitation applies only if a "no solicitation" or "no
trespassing" sign has been posted at or near the entrance to the premises.
The basic ban on door-to-door solicitations is contained in Section 15-106 of the City Code. The
title of that section correctly states that it is a ban on residential solicitations. However,the wording
of that section applies the ban to all "private premises" in the City. In enforcing this provision of
the City Code, Police Services has interpreted the ban as applying only to residential premises.
Because the language of this section is broader than that, it should be amended to conform to this
intent. Therefore, the City Attorney is recommending that the language of this section of the Code
be changed so that the ban in Section 15-106 more clearly applies only to residential premises.
It should be noted that Section 15-107 of the Code states that,even as to business premises,door-to-
door solicitations are prohibited if a"no solicitation"or"no trespassing" sign is posted at or near the
entrance to the premises. This provision would remain unchanged.
ORDINANCE NO. 098, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 15-106
OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO SOLICITATIONS
WHEREAS, Section 15-106 of the City Code prohibits door-to-door solicitations at all
private premises; and
WHEREAS, this ban on door-to-door solicitations is intended to apply only to residential
premises unless a "no trespassing" or "no solicitation" sign is posted at or near the entrance to
business premises, in which case the ban also applies to such business premises; and
WHEREAS, Section 15-106 of the City Code should be amended accordingly.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 15-106 of the City Code is hereby amended so as to read in its entirety as
follows:
Section 15-106. Residential solicitations prohibited; exceptions.
No person shall enter or remain upon any privateresidential premises in the city,not
having been requested or invited by the occupant(s) thereof, for the purpose of
contacting said occupants to solicit the immediate or future purchase or sale of goods,
services or any other thing of value. The provisions of this Section shall not apply to
charitable, religious or political solicitations or the solicitation of newspaper or
magazine subscriptions unless a"No Solicitation"or"No Trespassing"sign is posted
at or near the entrance(s) to such residence.
Introduced and considered favorably on first reading and ordered published this 16th day of
July, A.D. 2002, and to be presented for final passage on the 20th day of August, A.D. 2002
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of August, A.D. 2002.
Mayor
ATTEST:
City Clerk