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Council moves to civil penalties, warning-first approach for solicitation ordinance
Summary
After a lengthy discussion about enforceability and First Amendment limits, the council directed staff to pursue a revised solicitation ordinance that removes canvassing, uses a warning-first civil citation structure, and requires conspicuous "no soliciting" postings.
Council members debated two ordinance drafts on July 21 — one creating a misdemeanor offense for disregarding a no-soliciting sign and a second creating a tiered civil-penalty regime — and ultimately agreed to pursue a civil enforcement approach. City attorney Eric explained the legal constraints: "Solicitation ordinances are governed by the First Amendment; the most defensible approach is to prohibit solicitors from disregarding signs posted by private property owners," he said, and recommended removing canvassing from the scope to avoid constitutional problems.
Council members raised enforcement and fairness concerns, including the risk of criminalizing low-risk civic activity and police time being diverted to measuring signs. Councilmember Stepp and others argued for conspicuous posting standards and a first-offense warning; Councilman Kasufius moved that the council proceed with the civil citation option (first offense = warning), remove canvassing from the ordinance, and require conspicuous posting; the motion was seconded and passed unanimously. Staff and the city attorney will redraft language reflecting the council’s direction for future committee review.
