8.3 Door to Door PeddlersCITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE T~ME
04/07/97 4:00 P.M.
AGENDA SECTION: ;ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 City Manager AGENDA:
ITEM
NO. 3
By: Dennis M. Kissinger By:~-,.--'~
Item:
ORDINANCE NO. 97-9798
An ordinance amending the City Code establishing licensing procedures and regulation of door-to-
door peddlers and solicitors.
Background:
At a recent study session, the City Commission received a staff briefing concerning this issue, and
directed the City Manager and City Attorney to prepare the appropriate ordinances.
The city's current ordinances generally prohibit door-to-door sales. After a recent enforcement case
and an inquiry from attorneys representing a local business, the City Attorney completed additional
research on the matter. Based on that research, the City Attorney advised that a trend in the most
recent case law across the country leads him to believe that our current ordinances prohibiting
uninvited door-to-door sales would be difficult to defend. While courts have consistently upheld a
city's right to license and regulate this activity, prohibitions such as ours have been found to have
constitutionality questions.
The proposed licensing and regulation plan is designed to clearly meet all constititutional
requirements while providing effective protection from criminal activity. It is important to note that
individual property owners may still fully prohibit door-to-door sales and soliciting at their home by
properly posting a "No Soliciting" or similar sign. We have also addressed simply and effectively the
issue of door-to-door sales by juveniles, e.g. Boy Scout popcorn or Girl Scout cookies. Staff will
review this proposed ordinance in detail at Monday's Commission meeting as it is scheduled for first
reading. Second reading and a final vote is scheduled for April 14.
In order to properly integrate the proposed changes regarding door-to-door sales with the current
Chapter 28 provisions regarding ice cream street vendors, it was necessary to restate Chapter 28 in
its entirety. As you read the proposed ordinance, please note that Division 3 regarding "Ice Cream
Street Vendors" (including Articles I and II under Division 3) has not been changed. All other
divisions under Chapter 28 have been rewritten to the extent that an interlineated version of the
current sections attempting to show deletions and amendments seemed more confusing than
helpful.
Action:
Consider Ordinance #97-9798 on first reading.