By Susan Dickson
Staff Writer
The Orange County Board of Commissioners voted unanimously on Tuesday not to create an ordinance regulating door-to-door sales and solicitation in residential areas of the county, citing concerns with constitutionality and enforceability.
After county residents requested such an ordinance citing public-safety concerns, commissioners considered requiring a permit for door-to-door sales or solicitation, with an exemption for sales by members of charitable, religious, civic or fraternal organizations who receive no compensation; and sales by students under 18 for school activities. Sales of agricultural products would also have been exempted.
However, County Attorney John Roberts said an ordinance that exempted some nonprofits and not others could face issues of constitutionality.
“If you’re going to regulate one, you’ve got to regulate them all,†he said. Only two other counties in North Carolina Pasquatank and Catawba have ordinances regulating door-to-door sales.
County Manager Frank Clifton pointed out that including exemptions, such as for agricultural sales, could provide a loophole that other kinds of sellers could exploit.
“It’s one thing to pass a law – it’s another thing to pass a law that’s enforceable,†he said.
Clifton encouraged concerned residents to put up “No Soliciting†or “No Trespassing†signs and to call 911 if they see suspicious individuals going door-to-door.
“People who are up to criminal activity are not going to get a permit for criminal activity,†he added.
Commissioners said collaboration between neighbors and law-enforcement officials was a better way to handle neighborhood security.
“I don’t’ really feel like we need to move forward with this item. We have other avenues for handling it,†Commissioner Pam Hemminger said.