Town of Silver City Municipal Code, Chapter 10 Businesses, Article VI. Peddlers and Solicitors, Sections 10-135 -- 10-171. This section of the Code may be read here
During the regular Town Council meeting that was held on March 24, 2015, the Town's Attorney, Robert Scavron, was asked to provide an update on peddling. The video of the Council meeting may be viewed on the Town's website here
A summary of Attorney Scavron's comments follow:
Peddlers must file an application to get a license to operate within the Town. There are 2 basic areas that the peddlers sell to: 1) commercial business, and 2) private residences.
Commercial businesses are open to the public so a peddler can enter the public business to sell their wares unless there is a sign posted that says, "No Peddling, No Soliciting". The sign immediately ends the peddler's implied right to enter the commercial business. Failure to leave when asked to do so would make the peddler a trespasser.
The peddler license does not give a peddler the authority to go on private property and may only do so if they are expressly invited to enter the private property. The application states they are not to enter upon non-business private property so if they walk on private property they are already violating the law. If the peddler does not leave the property, the occupant or owner is encouraged to get the peddler's card, take their picture with a cell phone, and call Central Dispatch. A good idea is to post a sign on private property that says, "No Soliciting". Peddlers that get licenses and seek to use that license to invade private property are committing a criminal offense. People should call Central Dispatch at 388-8840. Do not argue with the peddler, follow the peddler off the property, or get violent with the peddler.
Exceptions are for locally based organizations such as the Girl Scouts and for local fund raising; they are permitted under the basis of public policy because they are neighbors and can be held accountable for their own behavior.
Prepared by Ann L. Mackie, MMC, Town Clerk on March 26, 2015.