Windsor weighs separate sign rules for solicitors and canvassers

Windsor is considering rules under which a “No Soliciting” sign would bar uninvited door-to-door sales pitches and donation requests other than those incidental to canvassing on private premises, while a “No Canvassing” sign would bar political, religious or other ideological advocacy there.

A sign stating both restrictions would bar both activities, while a “No Trespassing” sign would bar uninvited entry or remaining unless the person has consent, lawful authority or legal privilege to enter. Only private premises would be covered, unlike the current rule, which also applies to public premises. A sign would be enforceable only if an occupant posted or authorized it, it was conspicuous at or near the entrance used, reasonably visible and legible before entry or restricted activity, and reasonably communicated the restriction. Someone who promptly leaves or stops the restricted activity upon first receiving notice through a compliant sign or an occupant’s request would not violate the provision based solely on earlier conduct.

A lawyer told the board that the current code does not define solicitation or set standards for sign placement, size or legibility; it also treats no-solicitation and no-trespassing signs alike. Without a definition, a defense attorney could challenge a ticket, leaving a judge to use a dictionary definition, the lawyer said. The proposal separates canvassing because religious door-to-door advocacy has greater First Amendment protection than business solicitation, the lawyer said.

The lawyer said he would remove the provision if he could to avoid a lawsuit over “stopping somebody who had a right to be somewhere,” though he recognized the board might disagree. Mayor Julie Cline opposed removing the restriction entirely. A staff member said the proposal would let homeowners, rather than the government, decide who could come onto their property and for what purpose. Cline said residents would like a town ordinance barring visits on Sundays, after six or during lunchtime.

Mayor Pro Tem Jason Hallett said the town’s experience with ambiguous language had not gone well and that more detail could head off challenges to what the rule prohibits. Town Board Member Rick Klimek warned that more wording could give attorneys more to challenge. The lawyer said the longer version could help the town defend tickets and reduce legal risk, but officers would still need training.

Cline said she thought the board supported moving ahead with the expanded language. Town Board Member Ron Steinbach called it a good compromise.