[Ord. No. 1954, 12-1-1987]
[Ord. No. 1954, 12-1-1987; Ord. No. 2111, Amended, 12-20-1994; Ord. No. 2231, Amended, 3-21-2000]
1.
It is unlawful for any person to:
a.
Solicit before 9:00 a.m. or after
9:00 p.m. when the local time is daylight savings time or after 8:00
p.m. when the local time is standard time, without the consent of
the occupant to do so.
b.
Allow, suffer or permit any person
soliciting on their behalf or under their direction to commit any
act prohibited by this section.
2.
Violation of (1)(a), (b), or (c) of this
section is punishable as a civil violation.
3.
Violation of (1)(d) of this section is punishable as a criminal trespass in the second degree, pursuant to LOC § 34.02.035(11).
[Ord. No. 1954, 12-1-1987; Ord. No. 1958, 2-2-1988; Ord. No.
2111, Amended, 12-20-1994; Ord. No. 2125, Amended, 9-19-1995]
1.
It shall be an affirmative defense to an alleged violation of LOC § 34.16.915(1)(a), (c) or (d) that the person charged with the violation or crime had received actual or constrictive consent of the occupant prior to entering the real property. Constructive consent to enter real property 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 a.m. and 9 p.m., when the local time is daylight savings time or between 9:00 a.m. and 8:00 p.m., when the local time is standard time, if they have not posted a "No Solicitation" sign, pursuant to LOC § 34.16.945.
3.
Nothing in this section shall be construed
to authorize the entry into a structure located on real property.
The right to enter any structure must be otherwise provided for by
law.
4.
Officers, employees or agents of a governmental entity while performing activities within the scope of their office, employment or agency are exempt from the requirements of LOC §§ 34.16.910 - 34.16.950.
5.
No person may be charged with a violation of any subsection of LOC § 34.16.915(1) in connection with an act committed between 4:00 p.m. and 9:00 p.m. on each October 31st.
[Repealed by Ord. No. 2111, 12-20-1994]
[Ord. No. 1954, 12-1-1987]
1.
If an occupant of real property chooses to not invite solicitors onto their property the occupant may post a "No Solicitation" sign pursuant to this section. The effect of the posting of such a sign is to express the refusal of the occupant to grant consent to any person to enter their real property to solicit, except to those persons exempt from these provisions by LOC §§ 34.16.920(4) and (5).
2.
Signs posted pursuant to this section shall
be posted on or near the boundaries of the property at the normal
points of entry, and,
a.
Signs must be no smaller than 6"
in height by 8" in width; and,
b.
Signs must contain the words "No
Solicitation" and the reference "LOC § 34.16.915" in characters
no less than 1/2" in height.
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For real property possessing no apparent
barriers to entry at the boundaries of the property which limit access
to the primary entrance of a structure located on the property, placement
of the sign at the primary entrance to the structure constitutes compliance
with this section.
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[Ord. No. 1954, 12-1-1987; Ord. No. 2111, Amended, 12-20-1994]
It shall be prima facie evidence of a violation of LOC § 34.16.915(1)(c) if written material is found on real property upon which a sign conforming to the requirements of LOC § 34.16.945 has been posted. The person responsible for such written material shall be the person identified in the written material as its proponent, sponsor, distributor or potential beneficiary of the communication conveyed.
