Agenda - Council - 05/11/1999 - Laserfiche WebLink

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I I I I I I I I I I$ I I I I I I I I Model Ordinance Peddlers, Solicitors, Transient Merchants 4/95 The following model ordinance is an attempt to provide cities with a current, valid, and comprehensive means of reguhtlng peddlers, soliciwrs and transient merchants. Regul_a__t!on of these business practices has led to much litigation over the years ,and it remains a constantly changing area of hw. The effect of certain Minnesota cases has made it even harder to regulate peddlers, solicitors, and transient merchants here ama in other jurisdictions. Because of thc vohtilc legal nature of thc topic, cities ar~ encouraged to carefully consider thc balance between any existing problem with peddlers, soliciWrs and Wansient merchants and the likelihood of an increased nuisance should the city decline to regulate such practices, against the risk of litigation over enforcement of any reg~htlon adopted by the city. Cities should also consult with their city attorneys before adopting an ordinance similar to this one. Thin model ordinance is based on conservative interpreta___6ons of the major court decisions in thin area. Because new opinions are frequently being handed down at the District, State and Federal leveh, and because of apparent conflicts within existing casehw, the League c~nnot and does not guarantee the validity of the provisions of this ordinance. To the best of our knowledge, however, these provisions have either withstood legal challenges or, based on existing casehw, should bo defendable as reasonable exercises of both a city's police powers and the express authority granted by Minnesota Statutes Sections 325}.06, 329.1//, 412.221 (subd. 19), and 437.02, as well as the charters of home rule charter cities. This model ordinance does not address what is commonly referred to as a "Green River" ordinance. Such an ordln~nce basically declares it to be a nuisance to enter onto the property of another for the purpose of peddling, soliciting, or selting as a transient merchant, without first being invited onto the property by the owner or tenant. Wh/Ie the U.S. Supreme Court hah historically upheld these types of ordinances, they remain subject to challenge because they have the practical effect of acting as a complete ban on peddling, soliciting, or selling as a transient merchant. Green River ordinances also have problematic llmltations in their application and enforcement. F°r some cities, however, they have worked. If your city would like more information about Green River ordinances, please contact the League's Research and Information Services Department, or the League's Codification Attorney. Any city that would like to review the material used to compile thin ordinance should contact the League's Research and Information Services Depa_r~ent or the League's Codification Attorney.