HomeMy WebLinkAboutORDINANCE 08-02C C
ORDINANCE NO.8-02
AN ORDINANCE AMENDING SECTION 9.12.010 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES
PARK REGARDING DOOR-TO-DOOR SOLICITATION
WHEREAS,the Board of Trustees has recently studied the provisions of the
Municipal Code of the Town of Estes Park concerning door-to-door solicitation,more
commonly known as the Green River Ordinance;and
WHEREAS,the Board of Trustees has determined that a modification of the
Town’s ordinance concerning door-to-door solicitation is appropriate to address present
day solicitation activities by profit and non-profit organizations in the Town;and
WHEREAS,by adopting this Ordinance,it is the intention of the Board of
Trustees to protect and safeguard the welfare of the citizens of the Town by preventing
fraud and misrepresentation often inherent in door-to-door solicitations;and
WHEREAS,by adopting this Ordinance,it is the intention of the Board of
Trustees to protect and safeguard the privacy of residents of the Town from door-to-
door solicitations and uninvited commercial activities;and
WHEREAS,by adopting this Ordinance,it is also the intention of the Board of
Trustees to exempt from this Ordinance persons distributing information in the exercise
of their First Amendment rights,solicitations by non-profit organizations with tax
exemptions under federal law,and businesses such as newspaper,milk and food
deliveries,trash collection,and other similar services that are engaged in selling and
delivering goods or services by vehicle on a regular schedule or over a regular fixed
route pursuant to orders previously placed.
NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
Section 1.Section 9.12.010 of the Municipal code of the Town of Estes Park shall be
amended to read as follows:
9.12.010 Soliciting on private property.
(a)It shall be unlawful for any person to enter or remain upon any private
premises in the Town,not having been requested or invited by the
occupant or owner thereof,for the purpose of soliciting the immediate or
future purchase or sale of goods,services,or any other thing of value
including books,pictures,and periodicals,or for the purpose of soliciting
for funds or donations.
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(b)Nothing in this Ordinance shall be deemed to apply to solicitations by non
profit organizations exempt from federal income tax.
(c)Nothing in this Ordinance shall be deemed to apply to any person
engaged in the business of selling and delivering goods or services
directly to residents of the Town,who regularly delivers on a schedule or
usually employs a vehicle for such deliveries over a regularly defined route
and ordinarily sells from orders previously placed by such residents.
(d)Nothing in this Ordinance shall be deemed to apply to any person
engaged in the exercise of such person’s religious,free speech,and
freedom of the press rights as set forth in the Constitution of the United
States and the State of Colorado.
(e)With the exception of activities permitted by Section (d),no person shall
enter or remain upon private premises in the Town,having not been
requested or invited by the occupant or owner thereof,for the purpose of
soliciting the immediate or future purchase or sale of goods,services,or
any other thing of value or soliciting for any funds or donations when a “No
Solicitation”or “No Trespassing”sign is posted at or near the entrance to
such premises.
(f)All persons exempted by the provisions of this Ordinance shall conduct
solicitations only between the hours of 9:00 a.m.and 7:00 p.m.
Section 2.The adoption of this ordinance is hereby determined to be an emergency
in order to preserve public peace,health,and safety;and
WHEREAS,in the opinion of the Board of Trustees an emergency exists,this
ordinance shall take effect and be enforced immediately after its passage,adoption,and
signature of the Mayor.
PASSED AND ADOPTED BY THE BOARD OFARUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS c5 DAY OF Jk-,t 2002.
TOWN OF ESTES PARK
By:a
Mayor
ATTEST:c
Town Clerk
I hereby certify that the above Ordinance was introduced and read at the meeting
of the Board of Trustees on the ?s-day of Sa-c.2002,and published
in a newspaper of gneral circulation in the Town o$’fltes Park,Colorado,on the14’day of
_____________
2002.
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__________
Town Clerk