HomeMy WebLinkAbout998 Repealing and Reenacting in its Entirety Chapter 5 of Municipal Code Transient Merchants, Solicitors and Peddlers 07-14-2021ORDINANCE NO.998
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE
COLORADO REPEALING AND REENACTING IN ITS ENTIRETY CHAPTERS OF THE
MUNICIPAL CODE OF THE TOWN OF FIRESTONE REGARDING TRANSIENT
MERCHANTS, SOLICITORS AND PEDDLERS
WHEREAS, the Town of Firestone ("Town") has an interest in protecting its residents' rights to
privacy in their homes and in preserving the public peace and order; and
WHEREAS, the Town is a largely residential community whose residents value the peace and
quiet enjoyment of their homes; and
WHEREAS, inAptive Environmental v. Town of Castle Rock, No: 18-1166 (loth Cir. 2020)5 the
10th Circuit Court of Appeals struck down the Town of Castle Rock's Canvasser, Solicitors and
Distribution of Flyers ordinance's curfew requirement and held that any regulation of commercial speech
must be content neutral and as such meet the standard of being necessary to fulfill a clearly identifiable,
substantial government interest; and
WHEREAS, the Town's Board of Trustees thus desires to amend its transient merchants,
solicitors and peddlers regulations to ensure that it's in compliance with current law.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. Section 5.04.190 (A)(1) Exernpt activities of the Town of Firestone Municipal Code
is repealed in its entirety.
Section 2. Chapter 5.40 Transient Merchants, Solicitors and Peddlers of the Town of Firestone
Municipal Code is repealed in its entirety and reenacted and retitled "Solicitation Prohibited" to provide as
follows:
5.40.010 -Solicitation prohibited.
1. Solicitation means any attempt to make personal contact with an occupant of a residence at the
residence, without prior specific invitation or appointment, for the primary purpose of (i) attempting to
sell, for present or future delivery, any goods, wares or merchandise, or any seivices to be performed
immediately or in the future; or (ii) advertising a commercial event, activity, good or service that is offered
at a location away from the residence or at a future time.
2. Solicitof• means any person, whether as volunteer, owner, agent, consignee or employee, who
engages in solicitation.
3. It is unlawful for a solicitor, while engaging in solicitation to enter upon the premises of any
residence in the town where there is conspicuously posted at or near the entry of the premises or upon the
entry of the premises, a notice bearing the words "No Solicitation", "No Solicitors", "No Trespassing," or
sign of similar import that communicates the occupants' or owners' intent and desire not to be contacted
by solicitors, unless such solicitor is expressly invited onto the posted premises by the resident or
occupant.
Section 3. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held
to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality
of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed
this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared
unconstitutional or invalid.
Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance
or any portion hereof is hereby repealed to the extent of such inconsistency or conflict.
Section 5. This ordinance is deemed necessary for the protection of health, welfare and safety
of the community.
Section 6. Violations of this ordinance shall be punishable as set forth in Section 1.16.010 of the
Municipal Code of the Town of Firestone, Colorado.
INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED 1N FULL
this] DAY OF , 2021.
ATTEST:
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Je�sic,� Koenig, CMC, Town
Attorney
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WN OF FIRESTONE, COLORADO
bi Sin�ielar, Mayor