The Village of Pinehurst Council adopted amendments to its commercial solicitation ordinance on July 14 to ensure the ordinance complies with current constitutional requirements while preserving important protections for residents.
Under the updated ordinance, permitted commercial solicitors may visit homes between 9 a.m. and 7 p.m. Previously, commercial solicitation was permitted only between 9 a.m. and 5 p.m.
The amendments follow a legal review of the ordinance after it was challenged on constitutional grounds. Based on established court decisions, the Village Attorney advised that the previous 5 p.m. cutoff and several administrative provisions would be difficult to defend if challenged in federal court.
The ordinance applies only to commercial solicitation. Political, religious and other noncommercial speech receive broader constitutional protection and are governed by different legal standards.
“No one enjoys unwanted solicitation, and we understand why many residents value the protections our ordinance provides,” Village Manager Doug Willardson said in a press release. “At the same time, the Village has an obligation to adopt ordinances that comply with the Constitution. These amendments allow us to preserve the permit requirement, background review and other important safeguards while reducing the risk of costly litigation for our taxpayers.”
While the solicitation hours have changed, many of the ordinance’s protections remain in place. Commercial solicitors must still:
Obtain a Village permit before soliciting.
Complete a background review.
Display their Village-issued identification while soliciting.
Comply with all Village operating requirements.
The amendments also establish objective standards and processing deadlines for permit applications and clarify the circumstances under which a permit may be denied or revoked.
Residents are never required to speak with a solicitor or purchase goods or services. Commercial solicitors must honor clearly posted “No Soliciting” and “No Trespassing” signs and leave immediately if asked. They also may not enter gated communities or other private property without authorization.
Residents who would like to post a “No Soliciting” notice may pick up a free Village sticker at Village Hall, 395 Magnolia Road, during regular business hours, Monday through Friday from 8:30 a.m. to 5 p.m.
Anyone who encounters suspicious, threatening or unlawful behavior should contact the Pinehurst Police Department. For emergencies, call 911. For non-emergency assistance, call 910-295-3141.
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Contributed article/photo.
