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Council asks solicitor to review peddling and 'do not disturb' ordinance after free‑speech concerns

2694834 · March 18, 2025
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Summary

The borough solicitor identified gaps in Bellefonte's peddling and soliciting ordinance — including busking and restrictions on canvassing — and the council voted to have the solicitor return recommended updates.

The Bellefonte Borough Council voted to ask the borough solicitor to review the town's peddling and soliciting ("do not disturb") ordinance and provide recommended changes. The motion passed on a roll call vote.

Borough solicitor (name not stated in the record) told council the ordinance needs updating to address street performance (busking) and to avoid running afoul of court precedent on canvassing and electioneering. The solicitor said they handed out a one‑page ACLU summary and noted U.S. Supreme Court and Third Circuit precedents that limit municipalities from requiring canvassers to get permits, give notice to police, or undergo criminal background checks. The solicitor said homeowners may still post do‑not‑solicit/do‑not‑canvas signs, which must be respected.

Council members directed the solicitor to draft recommended ordinance language that accounts for busking exceptions while complying with federal constitutional protections. The motion to have the solicitor review the ordinance was made and seconded and carried on a roll call vote; council asked for language options before the next meeting.