to: Roger L. Stancil, Town Manager
from: Brian J. Curran, Chief of Police
subject: Door to door solicitation
date: October 15, 2008
This memorandum is in response to a Council petition received and referred on June 9, 2008, proposing amendment of Chapter 13 of the Code of Ordinances of Chapel Hill, entitled “Peddlers and Solicitors.” The proposed amendment to the ordinance would eliminate the current exceptions to the general requirement that persons who go from door to door first obtain a Town permit, and would require instead that all persons who go from door to door first obtain a permit.
Under Town Code Chapter 13, persons wishing to go door to door for commercial purposes to sell goods or services or to solicit orders for goods and services, must first obtain a permit from the Town Manager or his designee.
Section 13-8 includes the following exceptions to the permit requirement:
1) Delivery of goods or services which have been ordered before delivery.
2) Circulation of petitions for signature or lawful distribution of advertising materials, flyers, or materials expressing views on political, social or religious matters.
3) Lawful promotion or expression of views concerning political, social, religious and other matters.
4) The sale of offering for sale of goods or services by representatives of nonprofit organizations.
5) The solicitation of contributions or pledges thereof for nonprofit organizations.
6) The sale or delivery of goods to a business establishment.
The exceptions to the permit requirement in Section 13-8(2) and 13-8(3) concern the expression and promulgation of political, social, and religious matters. These exceptions are required under the First Amendment to the United States Constitution. In Watchtower Bible & Tract Society v. Village of Stratton, decided in 2002, the United States Supreme Court struck down a municipal ordinance requiring a permit for all canvassers “going in and upon” private residential property, holding that its application to noncommercial solicitors and canvassers promoting a variety of causes was unconstitutional.
The exceptions to the permit requirement in Section 13-8(4) and 13-8(5) concern the sale of goods and services by nonprofit organizations and the solicitation of contributions by nonprofit organizations. These two exceptions are not constitutionally mandated if applied solely to selling and soliciting; a permit could be required for these organizations to go door to door to sell and to solicit. However, such activity by nonprofit organizations is often accompanied by the expression and promulgation of political, social, or religious matters, for which a permit cannot be required.
The exception to the permit requirement in Section 13-8(1) concerns delivery of previously ordered goods or services. The exception in Section 13-8(6) concerns delivery of goods to business establishments. Their elimination would raise no constitutional issue.
It should be noted that individual citizens, as well as businesses, have the right to post “No Soliciting” signs on their property. Persons who violate such a warning can be forbidden from being on the property and then will be subject to misdemeanor trespassing charges if they do not comply.
We recommend that the Council take no action on the petition to amend Chapter 13.