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CONTINUED FROM PAGE 33 rights. In addition, there are questions
<br /> Save Trees, risk. Such a provision could be as to the applicability of such an
<br /> ordinance to non-residential settings,
<br /> challenged on the grounds that it once although it probably is acceptable.
<br /> again treats people differently for Further, the nuisance created under a
<br /> Save Money doing essentially the same thing. While Green River ordinance has been held
<br /> homeowners may not be as upset by a to be a private nuisance meaning
<br /> member of a non-profit organization enforcement is basically up to the
<br /> Send for selling candy ringing their doorbells as affected land owner or tenant.
<br /> they are by vacuum cleaner sales- A modified Green River ordinance
<br /> people,the courts have generally makes it a trespass to enter onto any
<br /> Protecting Trees looked at the act of going place-to- property,whether residential or not,
<br /> place itself as the nuisance,not the for the purpose of soliciting or ped-
<br /> from Construction product being sold. If the sale itself is dling,where the land owner has posted
<br /> secondary to expressing the belief of a sign stating to the effect"No Peddlers
<br /> Damagethe group, then the constitutional or Solicitors." Because the landowner
<br /> • rights exception would apply and no or tenant and not a government makes
<br /> • r< ::c special exception would apply. If the the prohibition,this provision applies
<br /> sale is primarily commercial in nature, everywhere a posting is made,and is
<br /> _.c' which the sale of candy etc.could easily enforceable against all peddlers and
<br /> 'v be found to be,then upholding P g an solicitors,including those involved in
<br /> '' - r� -- exemption would depend on the city interstate commerce and those at
<br /> i�� being able to convince the courts that tempting to exercise Constitutional
<br /> place-to-place sales by minors or non- rights. In fact,the provision should be
<br /> ,; I r r profit groups is somehow different enforced equally to avoid legal chal-
<br /> - 7---- than similar sales by adults and regular lenges of favoring otherwise protected
<br /> :� 1 .44businesses,and therefore is nota groups or people. This approach also
<br /> nuisance. Given the tone of existing allows for criminal prosecution of
<br /> ":� AI OR caselaw,it could be difficult to con- trespassers.
<br /> E. iff �, vince the courts of this distinction. Of Other Considerations. In addition,
<br /> �� �'��•a.._ course, rather than license each cities may also regulate the time,place,
<br /> .46.. . % person, one license could be granted to and manner of peddling, soliciting,
<br /> the group. and other transient selling. For
<br /> Require solicitors and license- example,a city can require that all
<br /> � exempt peddlers and transient peddlers,solicitors,and transient
<br /> merchants to register. Because
<br /> '` gi merchants conduct their business only
<br /> This 14-page registration is a simple process and no between the hours of 8:00 a.m and 9:00
<br /> publication's text, numerous fee is charged,the courts have said that p.m.. A city,however,must be careful
<br /> drawings and tables explain requiring solicitors and otherwise not to be so restrictive with hours that
<br /> exempt peddlers and transient mer- the average working person would not
<br /> the growing conditions chants to register does not have an be home when called upon. In
<br /> needed for healthy trees and undue burden on interstate commerce addition,a city can prohibit anyone
<br /> the construction techniques or other constitutional rights. Registra- from calling attention to themselves by
<br /> tion does help a city track those the use of whistles,horns,loud noise
<br /> used to maintain those involved in such business practices and devices,amplifiers,and flashing lights.
<br /> conditions. Based on years reduces the risk of scam artists as the A city can also prohibit peddlers,
<br /> of university research,the city will know who each person is and solicitors,and transient merchants
<br /> information ispresented in how to contact them should a citizen from conducting business in such a
<br /> have a complaint. manner or in such a place as to create
<br /> an understandable and Green River ordinances. A Green traffic hazards or as to interfere with
<br /> practical style. River ordinance,named for the city the free flow of others on streets or
<br /> where it was first used and upheld, sidewalks.
<br /> declares it to be a nuisance for any Please contact the League if you
<br /> Request Item # FO-6135-AD person to go onto the property of have any questions about this topic or
<br /> another for the purpose of peddling would like a list of case citations and
<br /> Send $4.00 or soliciting,without first being invited other more detailed information.N----R
<br /> check or money order payable to do so by the land owner or tenant.
<br /> to University of Minnesota Such an ordinance is not applicable to Kent Sulem is the codification
<br /> and mail to: regular route deliveries,and probably attorney with the League of Minnesota
<br /> could not be enforced against other- Cities.
<br /> MES Distribution Center wise valid exercises of constitutional
<br /> University of Minnesota
<br /> 1420 Eckles Avenue
<br /> St.Paul,MN 55108-6069
<br /> MN residents and businesses
<br /> add 7%,b sales tax.
<br /> _.. —<--. ,s.-,, ::-. " c 5 I APL 1S3
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