By DONNA THORNTON, Editor
A recent onslaught of door-to-door solicitors and the complaints about them received by Boaz City officials led city leaders to draft rules regarding door-to-door sales with an ordinance passed at the Sept. 14 council meeting.
For a few weeks now, Mayor Tim Walker and council members have discussed complaints received about soliciting, described in the ordinance as “aggressive and uninvited door-to-door sales activity, including some solicitation of pest-control and other home services, which has disrupted the peaceful enjoyment of residential property and diverted Police Department resources from other duties.”
Municipalities can’t categorically ban door-to-door sales but can imposes some rules that require permits and background checks, and set hours when solicitation is allowed.
Some door-to-door activity is exempt from municipal control, namely schools, charities, and religious organizations.
As Walker explained in the council meeting, students still will be free to do fundraising along with some other solicitations.
But other solicitors will have to register with the city and get a permit. That will require a written applications providing the applicant’s full name, date of birth, permanent address, and name of the Regulated Solicitation Business the sales person represents, driver’s license number or government-issued photo ID, a description of the goods or services to be offered, a complete Alabama Criminal History Record from the Alabama Law Enforcement Agency — and a complete criminal history record from any other state the applicant has lived in, and a nonrefundable application fee set by the city’s fee schedule.
The Boaz Police Department will review completed application and the criminal histories and within in 10 days will grant or deny a permit.
If the applicant has been convicted in the last five years of a crime involving fraud, theft, deceit, or violence, or is a registered sex offender in any jurisdiction, no permit will be issued.
Each Regulated Solicitation Business must get a business license classified for door-to-door sales and pay a license fee according to the city’s fee schedule. Door-to-door fees may be higher than standard business license fees because of the additional administrative work and the associated law enforcement burden.
When solicitors get a permit, they must visibly display “on their outermost garment” a photo ID badge issued by their company, and each day they will be selling, solicitors must check in with the police department by the method the BPD designates, to give the names of the solicitors working and general area of the city they will be working in.
Soliciting is allowed only between the hours of 10 a.m. and 4 p.m. and is barred at any time on Sundays.
Solicitors must leave properties displaying “No Soliciting,” “No Trespassing,” or similar signs, and must leave immediately if an owner or occupant asks them to, and no solicitors can use coercive, threatening, or unreasonably loud conduct, or misrepresent their identify, affiliation, or purpose.
If salespersons are operating a motorized vehicle, including a motor scooter, as some people who spurred complaints did – they must have a valid driver’s license, wear a Department of Transportation approved helmet and operate only on public streets (not sidewalks).
Permits can be revoked or suspended for violations of the ordinance and if it’s determined that false information was given to get the permit.
Individuals will be subject to fines not exceeding $500 and imprisonment or hard labor for the city (not exceeding six months) for violations. Each day a violation continues constitutes a separate offense. Corporations will face the fine only.
The ordinance goes into effect upon its passage, approval, and publication.
The council also outlawed the use of compression release engine brakes, or Jake brakes, within the city, with exemptions for emergency situations, noting the loud noise associated with 18-wheelers using the braking mechanism.
In other action, the city proclaimed the month of October as Domestic Violence Awareness Month in the city and authorized the transfer of the Special Revenue checking and Special Revenue savings accounts from Peoples Independent Bank to Peoples Bank of Alabama. Walker said Peoples Independent Bank is becoming a credit union, and by law municipalities must keep deposits in banks.
The council approved accounts payable from Aug. 21 to Sept. 9 totaling $381,714.65.
Walker praised the collection of more than 200 pints of blood during the annual Boaz vs Albertville blood drive prior to the Backyard Brawl between the rival schools.
He reminded residents the Cast Iron Cook-off to benefit Domestic Violence survivors in Marshall County will be Saturday, Oct. 10, at the City of Boaz Parks & Recreation. Registration begins at 5 p.m. and the event begins at 6 p.m.
The next council meeting will be Monday.
Mayor Tim Walker said the Boaz-Albertville blood drive collected more than 200 pints. DONNA THORNTON l The Leader
