Sec. 26-66. – Solicitation

[include content_id=642]

WHEREAS, in recent months, we have been experiencing an influx of calls regarding solicitors going door-to-door throughout the city. Some neighborhoods are posted as “no solicitation” at the entrances
and those residents have called several times about solicitors who do not heed the signs and solicit
anyhow. Their refusal to adhere to the rules of the neighborhoods has resulted in the calls and some
frustrated residents who would prefer to not be bothered by an unwanted, undesired solicitation visitor
knocking at their door; and
WHEREAS, several residents asked me what could be done about this issue. As a result of researching
the issue and our current ordinances, it was determined that our current ordinances do not prohibit
unwanted solicitation. For those who do obtain a legal permit from the City, there are no enforcement
regulations that would allow an officer to remove the solicitor(s) from a community. Currently, our
officers go out with the solicitors and advise them to leave after verifying their identity and status but
sometimes solicitors just will not leave; and
WHEREAS, below is an ordinance that would allow residents to have privacy in their homes and
neighborhoods. For neighborhoods with an HOA, the HOA can post at the entrances while single
homeowners in non-HOA areas can post at their own home. Should a person fail to comply with the
requests of the HOA &/or homeowner, we will have the ability to take any necessary action to gain
compliance in order to assure the desires of the homeowner(s) are met.
This proposed Ordinance will expand the definition of Solicitation and clarify the meaning in
the City code of Ordinances.

Sec. 26-66. – Uninvited solicitation

(a) Intent and purpose. The city council wishes to protect the privacy of residents who do not desire door-to-door solicitation or canvassing and to protect the privacy of those residents who wish to receive door-to-door solicitation or canvassing only during certain desired hours. In addition, it is
the intent and purpose of the city council to protect and further the rights of residents who desire to
receive door-to-door solicitation or canvassing at all times.

Recognizing that political and religious canvassing &/or solicitation is a Constitutional right, nothing
herein shall limit or constrict the rights of a political candidate, political campaign worker, or church
representative from communicating with the public about their cause.

(b) Definitions.Soliciting shall mean and include any one (1) or more of the following activities:

(1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services
of any kind, character or description whatever for any kind of consideration whatever; or

(2) Seeking to obtain prospective customers for application or purchase of insurance of any
type, kind or publication; or

(3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every
other type or kind of publication; or

(4) Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the
support or benefit of any charitable or nonprofit association, organization, corporation or project.

(c) Duty of solicitor. It shall be the duty of every solicitor or canvasser, commercial or
noncommercial, upon going into a neighborhood or residential address to look for any signs that
would preclude solicitation. Further, upon entering any premises in the city on which a residence is
located to proceed from the adjacent road right-of-way directly toward the front or main entrance of
such residence to examine and look for the notice provided for in paragraph (d) herein.

If any such notice is posted, then any solicitor or canvasser shall immediately and peacefully depart
from the premises or neighborhood, as applicable, and shall leave on the premises no documents or
literature of any kind. Under no circumstances shall a solicitor enter upon a side or rear yard of any
residence unless expressly invited to do so by the occupant thereof.

Any solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall
immediately and peacefully depart from the premises when requested to do so by an occupant or
owner hereof.

(d) Declaration. It is hereby declared to be unlawful and shall constitute a trespass for any person
to:

(1) Go upon any premises and ring the doorbell upon or near any door or create any sound in any
manner calculated to attract the attention of the occupant of such residence for the purpose of
securing an audience with the occupant thereof and engaged in soliciting or canvassing
commercially or noncommercially in defiance of the notice exhibited at the residence in accordance
with the provisions of this section.

(2) Not immediately and peacefully depart from the premises when requested to do so by an
occupant or owner thereof.

(e) Notice to solicitor.

(1) When a homeowners association (HOA) or private residence owner or occupant does not wish to
receive door-to-door solicitation or canvassing, a sign shall be posted at the entrance to the
community, if an HOA, or in the immediate vicinity of the front door or front door bell area, which sign
shall read:

NO SOLICITATION INVITED
or
NO SOLICITING
(2) The signs provided for in subparagraph (1) shall be made of a durable material, such as plastic,
metal or wood. Further, the sign letters shall be at least three-quarter inch in height. In addition, the
sign shall be capable of being temporarily or permanently affixed to the hanging surface.

(3) Penalties. Any person, corporation or business entity violating any of the provisions of this
section shall, upon conviction thereof, be subject to a fine of not more than $1,093 fine or 30 days
imprisonment.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HANAHAN, SOUTH CAROLINA:
Ordinance # 7-2013 will be adopted and become effective upon its second reading and
approval.

Adopted and approved this 9
th
day of July 2013.

_______________________________________________________
Minnie Newman-Caldwell
Mayor, City of Hanahan
ATTEST:

______________________________________________________
Kimberley C. Peters, Clerk of Council

Introduced by: Mike Cochran, Police Chief
First Reading: June 11, 2013
Second Reading and approval: July 9, 2013