Redington Beach takes aim at door-to-door solicitation – Tampa Bay Newspapers

REDINGTON BEACH After receiving complaints about door-to-door solar panel canvassers and other unwanted visitors who come knocking on doors, Redington Beach commissioners decided to take action and control solicitation in residential neighborhoods.

Some residents say it has become a problem and a nuisance.

We had some recent problems, so I asked the town attorney to address our ordinance, Mayor David Will told those gathered at the Aug. 3 Town Commission meeting.

City Attorney RobEschenfelder said the city is greatly restricted by First Amendment protections, but it does have some recourse. He said residential front doors have been found by federal courts to be a traditional First Amendment invitation.

Throughout history, it has been understood by society that someone can come and knock on your front door, the city attorney said.

While a municipality cannot regulate core First Amendment speech, which would be political or religious speech, you can regulate charitable solicitations and you can regulate commercial solicitations people trying to sell you a product, Eschenfelder said.

The city plans to focus on strictly enforcing existing state statutes, while adopting some of its own ordinance regulations.

State and county law includes a detailed registration requirement that requires significant information to be on file in order to receive a permit to solicit. That permit has to be carried by the seller, and if the owner asks for it, it has to be displayed to the homeowner, Eschenfelder told commissioners.

In addition, the county permit requires that the solicitor has to leave a business card that includes the name, address and phone number of the parent company, and the name, address and phone number of the solicitor. If they fail to do any of those things, there are criminal penalties that come with violation of both the statutes, he said.

Will indicated he wanted the town to have a local enforcement option. An ordinance was proposed stating that commercial solicitors can only visit a home Monday through Friday, 9 a.m. to 5 p.m.

The case law on the First Amendment says when you do a reasonable time, place and manner regulation, you have to leave open adequate alternative means of engaging in the First Amendment speech, he said. The proposed ordinance provides for and addresses a reasonable time, place and manner, the city attorney said.

He added that residents can always post No Trespassing signs. Florida statutes does allow an owner of a home to be able to utilize the trespass statute ... If someone comes to your door and you say leave my property and they dont leave your property, theyre engaging in a first-degree misdemeanor and obviously, you should call the deputy.

While the city attorney initially proposed that soliciting be allowed on Saturdays and until 6 p.m. weekdays, Commissioner Richard Cariello said he would prefer the time frame be from 10 a.m. to 5 p.m. because people are eating dinner at 6 p.m. He also advocated that Saturday should be included in the weekend days of rest.

The rest of the commission agreed.

Commissioners unanimously agreed on first reading of the ordinance to permit solicitation Monday through Friday 9 a.m. to 5 p.m. only.

A public hearing and final reading on the ordinance changes will likely be Wednesday, Aug. 17.

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Redington Beach takes aim at door-to-door solicitation - Tampa Bay Newspapers