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2003_0811_packet
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Mr. Welsch and Mr. Talbot <br />.tune 20, 2003 <br />Page 5 <br />interests does not require support based on em irical evidence, support can be based upon <br />history, consensus and simple common sense. <br />CONCLUSION <br />number of U.S. Supreme Court decisions concerning the regulation of commercial <br />speech and door -to -door sales of been made since the current Code provision was written. In <br />terms of regulating door -to -door activity by means of a nuisance provision, we would propose <br />that the City consider the revision set forth below. we also believe the City might wish to <br />consider whether it wants to choose another avenue to perhaps protect citizens from crime by <br />regulating door -to -door commercial activity through licensing and registration schemes. we <br />are aware that other cities have done so. were the City to make that choice, we would need to <br />look into that further to propose what we believe would be appropriate in light of the <br />considerations of the City and First Amendment law. For now, we recommend that <br />§407.02(H) be replaced with the following language. <br />Meddling and Soliciting: <br />of <br />l . The practice of going house -to- house, door -to -door, business -to- business, street -to- <br />street, or any ether type -of place -to- place, for the purposes of offering for sale or obtaining, or <br />attempting to obtain, orders for goods, wares, products, merchandise, other personal ro ert <br />p p y <br />or services if conducted in the following manner: <br />(a) Obstructing the free flow of either vehicular or pedestrian traffic on an y street <br />alley, sidewalk or other public right-of-way; <br />(b) Conducting business in a way as to create a threat to the health, safety and <br />welfare of any individual or the general public; <br />(c) Conducting business before TOO a.m. or after :00 p.m. <br />(d) Making any false or misleading statements about the product or service being <br />offered, including untrue statements of endorsement; <br />(e) Remaining on the property of another when requested to leave, or to otherwise <br />conduct business in a manner a "reasonable person would find obscene, threatening, <br />. g <br />intimidating or abusive. <br />2. Entering the property of another, unless invited to do so by the property owner or <br />tenant, for the purpose of conducting business as a peddler or solicitor When the ro ert is <br />P p y <br />marked with a sign or placard at least four inches long and four inches wide with print at least <br />48 point in size stating "No peddlers or Solicitors, " or "Peddlers and Solicitors Prohibited" or <br />4 <br />} <br />s Florida Bar u. Went For It, Inc 3 515 U.S. 6182 628 (1995). <br />n <br />
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