Aldermen: ‘Peddler ordinance’ update addresses First Amendment concerns

The last time a proposed change to an Aurora ordinance regulating the distribution of printed material came up at a public hearing, some speakers were concerned the rule would hamper their First Amendment rights.

But that was more than a year ago, and Tuesday, Aurora aldermen said they believe changes made to the text of the proposed change to the “peddlers, canvassers and solicitors” ordinance have eliminated the regulations some residents found problematic.

“I think we did address the concerns,” said Alderman Scheketa Hart-Burns, whose government operations committee recommended the updated ordinance for city council approval.

For one thing, “canvassers” are no longer covered by the ordinance.

City attorney Alayne Weingartz said canvasser is somewhat of an outdated term, and the ordinance really aims to regulate the distribution of unwanted or unsubscribed advertisements, leaflets and newspapers.

“These revisions deal exclusively with the original complaints raised by neighbors,” Weingartz wrote in a memo.

Under the proposed changes, anyone seeking to offer goods for sale or distribute written materials on private property without being invited is defined as a peddler or solicitor. Those people must register annually with the city for permission to sell their items or hand out their printed material.

Handbills or newspapers may not be distributed at private properties that post a sign with a message such as “No trespassing,” or “No peddlers or solicitors,” and they only can be left at properties without such signs if they are “placed or deposited as to secure or prevent it from being blown or drifted about,” according to the proposed ordinance update.

A newly revised section allows property owners to place printed materials on vehicles parked on their property — as long as the printed information pertains to the product or service offered at the property.

The ordinance also defines permitted hours for peddling and soliciting and requires anyone conducting these activities to post or wear identification.

But under a recent revision, newspapers to which residents subscribe have been exempted from the time restrictions, which prohibit peddling or distribution of printed material before 9 a.m. year round.

Alderman Stephanie Kifowit said she is glad some of the restrictions in the ordinance have been scaled back.

“It took out canvassing, which I think is the big thing,” Kifowit said. “I think people should have the right to talk with their neighbors.”

The city council will vote on the proposed change at its meeting Tuesday, March 13.