08-07-2017 Council Packet - Laserfiche WebLink

Home Search

RELEVANT LINKS: League of Minnesota Cities Information Memo: 1/4/2016 Regulating Peddlers, Solicitors and Transient Merchants Page 8 ACORN v. City of Frontenac, 714 F.2d 813 (8th Cir. 1983). Time restrictions should be content neutral (applying to all door-to-door calls and narrowly tailored to fit the city’s interests). Working America v. City of Bloomington, 2015 WL 6756089 ---F. Supp.3d --- (8th Cir. 2015). A city must be careful not to be so restrictive when establishing permissible hours that the average working person would never be home or available. 2.Place Schneider v. State, 308 U.S. 147, 60 S. Ct. 146 (1939). Cox v. Louisiana, 379 U.S. 536, 85 S. Ct. 453 (1965). Cities can establish provisions that prohibit peddlers and transient merchants from conducting their operations at locations that would be harmful to the community. A common example of a place regulation would be reasonable location restrictions that prevent traffic hazards or interference with movement on streets and sidewalks. 3.Manner Ward v. Rock Against Racism, 491 U.S. 781, 109 S. Ct. 2746 (1989). Cities can also provide reasonable prohibitions on the manner or techniques used by peddlers, solicitors, and transient merchants. Common examples of manner regulations would be to prohibit or restrict the use of: •Whistles. •Air horns. •Megaphones. •Amplifiers. •Other loud noise devices. •Flashing or strobe lights. •Other devices that may be used to attract attention to the merchant, yet would have a demonstrable negative impact on the health, safety, and welfare of the community. 4.Alternative methods – door hangers U.S. v. Kokinda, 497 U.S. 720, 110 S. Ct. 3115 (1990). Not all transient merchant activities include face-to-face interactions. An example of “alternative” activities is leaving donation request forms, restaurant menus, or other order forms on a residence’s doorknob or on the windshield of a vehicle. If there is no actual contact with the homeowner, common concerns with solicitors and peddlers (invasion of privacy, fraud, or criminal activity) and the justifications for city regulations diminish. Schneider v. State, 308 U.S. 147, 60 S. Ct. 146 (1939). See Part III-section H Modified Green River ordinances. However, the use of door hangers or other leaflets may trigger a city’s authority in regard to regulating the amount of garbage accumulating on city streets and sidewalks. One remedy allows citizens to themselves indicate whether they are willing to entertain these merchants at their residences.