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File #: TMP-0383    Version: 1 Name:
Type: Ordinance Status: Consent Agenda Ready
File created: 4/1/2013 In control: City Council Workshop
On agenda: 4/9/2013 Final action: 4/9/2013
Title: AN ORDINANCE AMENDING SECTION 840.06 AND ADDING NEW SECTION 840.10 TO CHAPTER 840, “PEDDLERS AND SOLICITORS”, OF THE CODIFIED ORDINANCES TO CREATE A DO NOT KNOCK REGISTRY Executive Summary: During the 2/12/13 Council Workshop, City Council members discussed the topic of creating a Do Not Knock registry, similar in concept to a Do Not Call registry. At the conclusion of the discussion, staff was directed to prepare a draft Ordinance to create a Do Not Knock registry. The draft Ordinance amending Chapter 840, “Peddlers and Solicitors” is attached for City Council review and comment.
Attachments: 1. Draft Do Not Knock Ordinance
Title
AN ORDINANCE AMENDING SECTION 840.06 AND ADDING NEW SECTION 840.10 TO CHAPTER 840, "PEDDLERS AND SOLICITORS", OF THE CODIFIED ORDINANCES TO CREATE A DO NOT KNOCK REGISTRY
Executive Summary:  During the 2/12/13 Council Workshop, City Council members discussed the topic of creating a Do Not Knock registry, similar in concept to a Do Not Call registry.  At the conclusion of the discussion, staff was directed to prepare a draft Ordinance to create a Do Not Knock registry.  The draft Ordinance amending Chapter 840, "Peddlers and Solicitors" is attached for City Council review and comment.
 
Body
Legislative History
Ord. 13-20 (Passed 2/20/13) AN ORDINANCE AMENDING SECTION 840.02(b) OF CHAPTER 840, "PEDDLERS AND SOLICITORS", OF THE CODIFIED ORDINANCES; AND DECLARING AN EMERGENCY.
 
Summary: Ohio Citizen Action had threatened to bring a federal court action under the First Amendment against the City if it did not permit door-to-door solicitation until 9 p.m. Standard Time.  Following a legal review of the City's door-to-door noncommercial solicitation ordinance (Section 840.02), City Council amended the City's door-to-door noncommercial solicitation ordinance (Section 840.02 (b)) to restore the 9:00 p.m. curfew for Mondays through Saturdays during Standard Time.
Purpose & Explanation
During the 2/12/13 Council Workshop discussion of Agenda item 4.C. (TMP-0308) concerning the amendment of the City's door-to-door noncommercial solicitation ordinance (Section 840.02), City Council members discussed the topic of creating a Do Not Knock registry, similar in concept to a Do Not Call registry.  At the conclusion of the discussion, staff was directed to prepare a draft Ordinance to create a Do Not Knock registry.  
Based on the task above, the City Solicitor has created the attached draft Ordinance amending section 840.06 and adding new section 840.10 to chapter 840, "Peddlers and Solicitors", of the Codified Ordinances to create a Do Not Knock registry.    
Following City Council's review and comments on the attached draft Ordinance staff will take the necessary actions requested by City Council members to meet the timing consideration shown below.  
Timing Considerations
Estimated dates:
Initial consideration at Workshop: 4/9/13
Amend and refine as needed: 4/10/13-4/17/13
First reading at Council Meeting: 5/1/13.
Second reading at Council Meeting: 5/15/13
Third/Final reading at Council Meeting: 6/5/13
Creation of the Do Not Knock registry: 6/6/13-6/28/13
Do Not Knock registry start date: 7/1/13
Fiscal Impact
        Currently Budgeted
        Supplemental Appropriation Required
X        Appropriation Not Required.
Recommendation
Suggested Action
Staff requests City Council members review, comment, and discuss at the April 9, 2013 City Council Workshop the attached draft Ordinance amending section 840.06 and adding new section 840.10 to chapter 840, "Peddlers and Solicitors", of the Codified Ordinances to create a Do Not Knock registry.    
Following City Council's review and comments on the attached draft Ordinance staff will take the necessary actions requested by City Council members to meet the timing consideration shown above.  
Submitted by,
Anthony J. Bales, City Manager,
Scott N. Schroyer, Asst. City Manager,
R. Todd Hunt, City Solicitor