Council updates solicitation ordinance to focus on commercial speech; ordinance adopted 7-0

The City of West Melbourne on June 17 adopted Ordinance 2025-13, a revision of the city's solicitation code, updating definitions, permitting procedures and time-of-day restrictions. City Attorney Mister Carey presented the changes as an attempt to streamline the code and reduce legal vulnerability by limiting regulation to commercial speech and removing provisions that regulated charitable or political canvassing.

Mister Carey told council the ordinance removes requirements that are unlikely to withstand judicial scrutiny and narrows permit authority to objective criteria so officials must determine whether requirements are met rather than exercise broad discretion. The ordinance replaces the term "license" with "permit," clarifies prohibitions (harassment, fraud, misrepresentation), removes an obsolete badge requirement and adjusts an evening curfew to 8 p.m. or sundown (whichever is earlier). Carey said the 8 p.m. threshold was chosen after review of case law and to increase defensibility.

Councilmember Voltz moved to approve second reading of Ordinance 2025-13; Councilmember Frampus seconded the motion. With no public comment, the council adopted the ordinance by unanimous voice vote, 7-0.

The ordinance changes how the city issues permits for commercial solicitation, clarifies exempt categories (political canvassers and certain charitable activity will not fall under the permit scheme), and sets clearer, objective standards for staff to follow when issuing or denying permits. Staff and the city attorney said the intent was to reduce litigation risk while keeping public-safety measures such as a dusk-time restriction in place.