Boy Scouts, Girl Scouts and other valid non-profit groups are allowed to solicit door to door in Kaysville, despite an item in the city's recent spring newsletter that could be interpreted to the contrary.
Under the heading of "No soliciting in Kaysville," the newsletter states that "even nonprofit organizations are not allowed to sell door to door."However, City Manager John Thacker said charitable institutions are exceptions to the city's soliciting ordinance - if the Internal Revenue Service has classified them as nonprofit. Thus, he said Boy and Girl Scouts are not affected by the ordinance.
He said religious proselyting is also not affected by the door-to-door ban. Nor is solicitation for members of political groups. Only door-to-door sales are affected.
Marjorie Brande, Kaysville's business license officer, agreed the newsletter isn't clear. She said the nonprofit statement was referring to groups who may think they're nonprofit, but who lack an IRS exemption.
She said when Kaysville first drafted the solicitation ordinance about two years ago, it did ban all door-to-door sales. However, the Girl Scouts were the first to approach the City Council a few months later to ask for a special provision. As a result, a charitable exception clause was added to the ordinance.
That probably was a wise provision, since the 1943 Martin vs. Struthers U.S. Supreme Court Case ruled a city cannot prohibit all forms of door-to-door solicitation without violating First Amendment speech guarantees.
Brande said while the Boy and Girl Scouts, the American Heart Association and others are declared nonprofit by the IRS, many school clubs are not. These groups can solicit at the homes of family and friends, but cannot legally go up and down a street to every door, Brande said.
"We haven't had a lot of problems with the ordinance," Brande said.
She said businesses who want to sell door to door need a city business license, and that's the place where they usually learn Kaysville doesn't allow such sales. Some businesses get around the ordinance, though by using contests or prize announcements in order to get invited into a potential customers home.
Thacker agreed the ordinance has worked. It has reduced the number of complaints by residents about unwanted solicitation, and feedback from the community has been positive.
"It seems people are complying with it," Thacker said.
Most other cities in the area, like Layton and Syracuse, also have similar solicitation ordinances, though they aren't as aggressive as Kaysville in publicity or enforcement.
Residents with questions can contact Brande at 544-1363. The newsletter urges those contacted by solicitors to call police at 546-1131. The police also advise never letting a stranger enter your home.