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Council debates solicitation and noise code updates, asking staff to refine hours and first-amendment protections
Summary
Council discussed proposed solicitation hours, no-solicit signage, leaving written materials, fines and constitutional limits; staff will refine language, consider seasonal hour adjustments and return with options.
Council held an extended discussion on proposed solicitation and noise-code updates drafted by staff (modeled on neighboring cities) and raised multiple concerns about scope, enforceability and constitutional limits.
Kelly, planning staff preparing the draft, said many Oregon cities use broad definitions and then rely on consent or exceptions in subsection language to avoid difficult line-drawing between commercial, religious and political speech. "This language and this definition of solicitation is extremely common in Oregon," Kelly explained, adding that cities tend to allow presumptions of consent under specific circumstances while keeping an expansive overall definition to avoid litigation over narrow exceptions.
Council debated permitted hours for door-to-door solicitation (options ranged in discussion from 7 p.m. to 9 p.m., with several members preferring 8 p.m. or a seasonal/season-adjusted window), whether leaving flyers is prohibited, the content and enforceability of 'no soliciting' signage, and fine levels (the draft uses a capped fine not to exceed $1,000). Staff advised an education-first enforcement approach and agreed to return with clarified definitions, an option matrix for solicitation hours (including a seasonal approach), and refined drafting on signage and written-material exemptions.
Staff will also refine noise-time limits, exemptions for business-music hours, and a radio-frequency subsection sent separately by one councillor for staff review.
