Legal Review Committee Agenda and Packet 2017 03 16

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Cityof f Louisville COLORADO .SINCE 1878 LEGAL REVIEW COMMITTEE AGENDA ITEM SUBJECT: DATE: PRESENTED BY: CITY SOLICITATION ORDINANCES MARCH 16, 2017 SAM LIGHT, CITY ATTORNEY SUMMARY: This matter is on your March 16 agenda for further discussion of the City's solicitation ordinances, including Section 5.06.020 of the City Code, which regulates door-to-door solicitation, and Section 12.20.100 of the City Code, which regulates solicitation on or near streets or highways within the City (copies of both Sections are attached). There have been some recent federal court decisions addressing solicitation ordinances and content -based regulations, which may impact the City's ordinances. In addition, the City continues to receive inquires regarding the City's regulations, including from persons subject to the door-to-door solicitation regulations as well as from residents regarding enforcement of both ordinances. At your March 16 meeting we will provide an overview of the recent case law developments in this area, and discuss options regard the above -referenced Sections of the City Code. The available options range from leaving the current ordinances in place to making limited technical amendments, to restructuring the City's ordinance to include new requirements that are sometimes included in solicitation regulations, as noted in the sample ordinances included with this packet (for example, licensing and do -not - solicit lists). As background, the balance of this memo sets forth the information contained in your March 19, 2015 meeting packet regarding this issue. INFORMATION FROM MARCH 19, 2015 LRC MEETING: The City Council last addressed the issue of door-to-door solicitation in 2005 when it adopted Louisville Municipal Code ("LMC") Chapter 5.06 which includes, among other provisions, a ban on door-to-door solicitation within the City. The City has recently received correspondence from a representative of Kirby vacuum cleaner salespersons stating that the City's current door-to-door solicitation ban harms them by preventing them from working in the City, and that such a total ban is overbroad in light of more recent case law. The reported case law includes a Colorado Supreme Court decision upholding such as ban, as well as Federal Court decisions striking down various provisions of local door-to-door solicitation ordinances. Attached is the current LMC Chapter 5.06 regarding Peddlers, Solicitors and Vendors. Section 5.06.020.A of the LMC imposes a total ban on uninvited solicitors entering private premises or office buildings. In addition to the total ban, Section LMC 5.06.030 CITY COUNCIL C{JMMUNICATION