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HomeMy WebLinkAbout041 - 04/05/1994 - REPEALING AND REENACTING CITY CODE RELATING TO SOLICITATIONS AND POSTING ORDINANCE NO. 41, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING DIVISION 1, ARTICLE IV OF CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO SOLICITATIONS AND REPEALING AND REENACTING SECTION 17-42 OF THE CODE CONCERNING POSTING WHEREAS, in 1972, the City Council adopted the City's "Green River" Ordinance, which is presently contained in Chapter 15, Article IV, Division 1, of the City Code; and WHEREAS, City staff has recently conducted a review of the City's Green River Ordinance, which included a survey of 1,000 City residents; and WHEREAS, in response to the survey results, input from concerned citizens and concerns with the present wording of the Green River Ordinance, City staff proposes that certain changes be made to the Green River Ordinance and to Section 17-42 of the Code concerning posting; and WHEREAS, the City Council believes that the changes to the City's Green River Ordinance and to the posting ordinance recommended by City staff should be adopted by the Council to better protect the privacy and safety interests of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Article IV, Division 1 of the Code of the City of Fort Collins, Sections 15-106 through 15-108, are hereby repealed and the following Sections reenacted to read as follows: Sec. 15-106. Residential solicitations prohibited; exceptions. No person shall enter or remain upon any private 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 of 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. Sec. 15-107. All solicitations prohibited by posting of "No Solicitation" or "No Trespassing" sign. No person shall enter or remain upon any public or private premises in the City, not having been requested or invited by the occupant(s) thereof, for the purpose of soliciting the immediate or future purchase or sale of goods, services or any other thing of value, or to solicit a gift or donation when a "No solicitation" or "No Trespassing" sign is posted at or near the entrance(s) to such premises. This provision shall apply to all solicitations, including, without limitation, those that are charitable, religious or political in nature. Sec. 15-108. Attempt to obtain invitation prohibited. No person shall attempt to obtain, by telephone or otherwise, an invitation to visit any private residence for the purpose of soliciting the purchase or sale of goods, services or any other thing of value, by knowingly making a false or deceptive representation or statement. Section 2. That Section 17-42 of the Code of the City is hereby repealed and reenacted to read as follows: Sec. 17-42. Posting notices and handbills on premises. No person shall fasten or deposit in any way any notice, poster or other advertising or promotional material upon public or private property, including personal property, without having permission to do so from the owners or occupants of said property. Permission to fasten such materials to the entrances to public buildings or private residences shall be implied from the presence of an improved walkway connecting such building or residence directly to a public right-of-way unless: (1) access to such walkway is physically restricted by a fence, gate, or other permanent structure, or (2) a "No Trespassing" or "No Solicitation" sign or a sign prohibiting posting is posted at or near the entrance to such premises, building or residence. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 1994, and to be presented for final passage on the 5th day of April , A.D. 1994. or ATTEST: City Cler•f, UU Passed and adopted on final reading this 5th day of April , A.D. 1994. ATTEST: q � , City Cler