07/25/2019
Updated law change.
In an effort to get timely information to our citizens concerning enforcement of the county’s Solicitation Ordinance, the Sheriff’s Office unintentionally created some confusion that we’d like to correct. There two significant changes we’d like to make you aware of.
The first change is a recent amendment to the ordinance, which extended coverage to the distribution of handbills, pamphlets, brochures and other marketing material. Although the ordinance has historically provided that no solicitation shall occur if a “no soliciting” sign is posted, the ordinance now provides that such a sign also prohibits the distribution of handbills on a property.
The second change relates to enforcement. Although the ordinance prohibits solicitation where “no soliciting” signs are posted, neither the prior version nor the revised version of the ordinance addresses the posting of “No Solicitation” signs at subdivision entrances. Regardless, for enforcement purposes, the Sheriff’s Office has historically required only that a “no solicitation” notice be posted at the entrance to a neighborhood in order for enforcement action to be taken. This interpretation has been challenged by a company that actively solicits in Forsyth County, and on the advice of legal counsel from the county attorney, we are now applying a narrower interpretation that more closely reflects the ordinance’s actual language. HOAs and neighborhoods can still post no soliciting signs at their entrances to deter unwanted solicitation. However, the no-solicitation provisions of the ordinance will be enforced only for properties that have individually posted “no solicitation” signs. This is not due to any change in the ordinance, nor is it at the direction of the Board of Commissioners, but rests solely on legal advice provided to the Sheriff’s Office intended to spare taxpayers any unnecessary litigation cost. The intent of our earlier post was to alert residents to this change so that HOAs and other stakeholders might respond appropriately.
All that said, it’s important to understand that narrower enforcement applies only to the signage requirement. The Sheriff’s Office will continue to enforce all aspects of the ordinance as it always has. Such requirements include:
· All solicitors or canvassers must file an application for a permit and register with the Sheriff’s Office as a solicitor.
· No permit shall be given to any applicant who has a pending charge or a conviction for a crime of moral turpitude or an offense involving the elements of assault and battery, or any civil judgment involving unethical and improper business actions.
· All solicitors/canvassers must wear a badge from the Sheriff’s Office. The badge must be worn on the shoulder where readily visible.
· All solicitors/canvassers must present an information card, as provided by the Sheriff’s Office, to each household visited.
· No solicitor/canvasser may enter a home without the express invitation of the occupant or owner. If a “no soliciting” sign is posted, no solicitation shall occur.
· If a “no soliciting” sign is posted, no handbills shall be left on the property.
We hope this expanded post answers most questions and addresses most concerns. However, if you’d like more information on this or any related topic, please contact the Sheriff’s Office’s Ordinance and Permits Unit at [email protected].
