City Council Minutes 2018 06 05 - Laserfiche WebLink

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City Council Meeting Minutes June 5, 2018 Page 3 of 11 City Manager Balser stated the Memory Square Ribbon Cutting will be Friday, June 8 at 11 am. She stated the Planning Department is hosting an open house on Wednesday (June 6) evening for the wireless code amendment that is in process and the City Manager's Office is hosting an open house on Thursday (June 7) evening for the Broadband Needs Assessment and again on Friday, June 15 from 9-11 am. REGULAR BUSINESS ORDINANCE NO. 1759, SERIES 2018 — AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 5.06 OF THE LOUISVILLE MUNICIPAL CODE REGARDING SOLICITORS AND VENDORS — 2nd READING — PUBLIC HEARING (advertised Daily Camera 5/20/18) Attorney Light introduced the item by title. Mayor Muckle opened the public hearing for second reading. City Attorney Light stated Chapter 5.06 of the Louisville Municipal Code (LMC) currently includes a total ban on door to door solicitation. The proposed ordinance will repeal and reenact Chapter 5.06 to remove the total ban. At the May 15 meeting the Council approved a temporary suspension of enforcement of the total ban. As noted this is due to changes in the case law. Staff will bring back some research on other options for Council consideration including possibly instituting a registration or license requirement, a no knock list, identification badges and other options for a curfew as far as what may be permissible in the law. This ordinance does leave in place the prohibition against solicitation when a "No Solicitation" or "No Trespassing" sign is posted as well the prohibition against solicitors knowingly making false or deceptive statements to obtain an invitation to visit private premises. Councilmember Loo asked for clarification about how political canvassing is handled under this change. Attorney Light stated campaigning is protected free speech however a person must leave the premises if asked to leave. Councilmember Leh asked if that is true if the home has a "No Solicitation" or "No Trespassing" sign posted. Attorney Light stated political speech is exempt and you are allowed to knock on the door even if there is a no trespassing sign. Chief Hayes stated the Department has had very few complaints on this issue and typically they are after the fact after the person is gone. Councilmember Maloney asked if no trespassing signs posted for a large area such as an entire neighborhood are enforceable. Attorney Light stated case law is trending towards not favoring such signs. He stated that within a covenant controlled community the sidewalks are still public.