48-12 Amend 741.05 Restrictions; Hours for Peddlers and Solicitors

Home Browse Search

PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COPSMITTEE 10/1/12. REPORTED OUT ON & RECOMMENDED FOR ADO~'ION, PLACED ON 2ND READING 10/15/12. ORDINANCE NO. 48-12 EI'~ Anderson, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE amending Section 741.05, Restrictions, of the Codified Ordinances of the Cily of Lakewood for the purpose of bringing the code into compliance with First Amend- ment case law. WHEREAS, Section 741.05 imposes an 8 p.m. cutoff on peddlers and solicitors but not canvassers, as those terms are defined in the code; and \~'TIEREAS, the Courts, when construing municipal restrictions on canvassing, peddling and soliciting in the coutetit of the First Amendment, favor content-neutral regulation and 9 p.m. cutoffs for this type of activity; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits nnmic- ipalities to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other regulations as arc not in conflict with general laws; now, therefore, T3E I"1' ORDAINED BY THE CITY ON LAKEWOOD, OHiO: Section I . Section 741.05, Restrictions, currently reading as follows: 74L05 RESTRICTIONS. F.vcry person to whom a license to peddle or solicit is issued, or a per- son registm'ed with the Director oC Public Safety under the terms of this chapter, shall be governed by the tbllowing rules and regulations: (a) No person subject to the provisions of this chapter shall peddle or solicit except behveen the bolo's of 9:00 a.m, and 8:00 p.m. or sun- set, whichever is earlier, Monday through Saturday. In addition, uo person shall peddle or solicit on Sunday or on any legal holiday as defined in Ohio R.C. I.Id. (b} No peddler or solicitor shall enter or attempt to enter the house or apartment of any resident in the Municipality without an express invitation from the occupant of the house or aparunent. (c) No peddler or solicitor shall engage in or h'ansacl any type of busi- ness or solicitation other than that specified on the license applica- tion. (d} No license issued hereunder shall be assigned or transferred to any other person.