Important Information
Solicitation and the Law
Want to keep solicitors from knocking on your door? First, let us define door-to-door solicitation. There are two types: Commercial solicitation is the intent to sell goods and services, while non-commercial solicitors are acting on behalf of a nonprofit group, religious organization, or political candidate.
The Supreme Court of the United States has ruled that any local law forbidding solicitation is unconstitutional, but local municipalities can put ordinances or reasonable restrictions in place. For example, any person engaging in a door-to-door commercial solicitation must have a license from the city to do so and must wear an identification badge while soliciting.
Residents who do not wish any solicitors to attempt to make personal contact with them may post either a 'no solicitation' or 'no trespassing' sign on the entrance to their home. The Fayetteville NC ordinance specifically requires solicitors to obey such signs.
A 'no solicitation' sign may not keep a solicitor from leaving a door hanger, while a 'no trespassing' sign would. Our WE REPORT signage covers both no solicitation and no trespassing requirements.
Caulder and Valentine, a law firm in North Carolina, states on its home page, 'Most people are aware of the general concept of trespassing, which is the act of entering someone's land without consent from the owner.
Trespassing has varying degrees, circumstances, and conditions, making it an offense that has a wide range of penalties. Depending on the facts of a case, a person charged with trespassing in North Carolina could face a charge as steep as a class 1 misdemeanor - the most serious type of misdemeanor in the state'.
The following are references to the laws that affect door-to-door solicitation:
FIRST DEGREE TRESPASS
This type of trespassing involves a person entering an enclosed property without permission. People are charged with this offense if the property is secured in a fashion that clearly shows an intent to keep intruders out. An example of this effort is if there is a gate or fence at the entrance of the property that a person has trespassed. First-degree trespassing is classified as a class 2 misdemeanor charge, which is punishable by up to 60 days in jail and a $1,000 fine.
SECOND-DEGREE TRESPASS
A person can be charged with second-degree trespassing if he or she either
If a person is caught unauthorizedly entering a property that has a "no trespassing" sign up, they will likely be charged with this offense. Second-degree trespassing is classified as a class 3 misdemeanor. Upon a conviction, defendants will be subjected to a maximum of 20 days in jail and a $200 fine.
Sample Permit Front
Sample Permit Back
