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Mr. Welsch and Mr. Talbot June 20, 2003 Page 5 interests does not require support based on e7p irical evidence, support can be based upon history, consensus and simple common sense. CONCLUSION A number of U.S. Supreme Court decisions concerning the regulation of connnercia speech and door -to -door sales of been made since the current Code provision was written. In terms of regulating door -to -door activity by means of a nuisance provision, we would pLoTose that the City consider the revision set forth below. we also believe the City mfg t was to consider whether it wants to choose another avenue to perhaps protect citizens from crime by regulating door -to -door commercial activity through licensing and registration schemes. we are aware that other cities have done so. were the City to make that choice, we would need to look into that further to propose what we believe would be appropriate irn light of the considerations of the City and First Amendment law. For now, we recom end that §407.02(H) be replaced with the following language: Soliciting: Peddling and The practice of going horse -to- house} door -to -door, business -to- business, street -to- street, or any other type of place-to-place, for the purposes of offering for sale or obtaining, or attempting to obtain, orders for goods, wares, products, merchandise, other personal property or services if conducted in the following manner: (a) Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right-of -way; (b) Conducting business in a way as to create a threat to the health, safety and welfare of any individual or the general public; (c) Conducting business before 7:00 a.m. or after 9:00 p.m. (d) Baking any false or misleading statements about the product or service being offered, including untrue statements of endorsement; (e) Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating or abusive. 2. Entering the property of another, unless invited to do so by the property owner or tenant, for the purpose of conducting business as a peddler or solicitor when the property is narked with a sign or placard at least four inches long and four inches wide with print at least 48 point in size stating "No Peddlers or Solicitors," or "Peddlers and Solicitors prohibited" or B Fonda Bar v. Went For It, Inc., 515 U.S. 618} 628 (1995).