West Melbourne council approves first reading of updated solicitation ordinance amid debate on curfew, canvassers and gated communities

West Melbourne City Council voted 6-0 on June 3 to approve first reading of Ordinance 2025-13, an update to the city’s solicitation rules intended to reflect recent court decisions and give police clearer enforcement tools.

The ordinance, presented by city attorney Christopher Carey, revises multiple sections of chapter 46 of the city code — including definitions, permit procedures and enforcement — and repeals an older requirement that solicitors wear badges. Carey told council the existing code "hasn't been updated, since, I believe, 2010." He said the rewrite is “an attempt to take into account the court cases that have been decided that have reduced some of our ability to regulate this area, while also keeping the ordinance as much as we can, so that the police can deal with solicitors when they become a problem.”

Why it matters: Councilmembers and the police said the ordinance is meant to give officers a clearer, legally defensible path to respond to unwanted door-to-door sales and aggressive soliciting while preserving constitutional protections for political and religious speech. Chief Vesta and other council members pressed for wording that would avoid parts of the ordinance being struck down in court.

Key points and council changes: During debate Councilmember Frampus noted penalties for unpermitted activity and raised vulnerability to challenges over a curfew. Carey and others agreed that the curfew window could be made later to strengthen the ordinance; Carey said moving the curfew to 8 p.m. "would make it easier to defend if we need to down the road." Council asked staff to return with language tied to daylight-saving or seasonal sunset timing so the curfew would not bar solicitation when daylight is extended. Council also directed staff to remove or clarify the treatment of canvassers so that noncommercial political and religious canvassing would not be restricted by a private “no soliciting” sign in ways the courts might find unconstitutional. The council directed staff to update permit language (for example, changing an on-paper reference from "license number" to "permit number") and to consider adding clearer permit guidance for gated communities and property managers.

Enforcement and practical effects: Chief Vesta told council the majority of enforcement calls involve unpermitted solicitors and that the proposed ordinance would provide a more direct noncriminal tool to move repeat offenders off private property before trespass charges are necessary. Councilmembers asked staff to add clearer notice on permits and to provide outreach and a printed rulesheet for permittees.

Next steps: The ordinance passed first reading; staff will revise language per council direction and return for a second reading. The ordinance text on first reading appears as Ordinance 2025-13 in the city packet and amends multiple sections of chapter 46.