Hurley's Gold

Per TX and SA Law, the optimal way to deal with door to door solicitors?

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  • Tnhawk

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    My neighborhood used to have lots of solicitors. It may still be that way. However, I'm not aware. I've only had a couple of solicitors knock on my door since I put up a sign saying:

    ____________________________
    Day Sleeper

    Do not knock or ring doorbell
    unless
    you have called ahead
    or
    this is an emergency.
    ------------------------------​

    Solicitors know if they wake someone up they aren't going to make a sale so they don't bother. Since my sis is usually sleeping during the day, the sign isn't even a fib.
    Guess I could use that sign, the dogs are usually sleeping during the day.
    Guns International
     

    Rhino

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    I totally get your frustration, but advertising is a thing, and I'm not sure how it's best addressed. Why should someone be banned from physically trying to sell me a product when we have thousands of ads fed into our phones and computers hourly?
     

    General Zod

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    I totally get your frustration, but advertising is a thing, and I'm not sure how it's best addressed. Why should someone be banned from physically trying to sell me a product when we have thousands of ads fed into our phones and computers hourly?

    You can turn those ads off, either through not using the device or by installing ad blocking software. And yes, you absolutely should be able to control physical access to your home by salesmen or anyone else.
     

    SARGE67

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    You can turn those ads off, either through not using the device or by installing ad blocking software. And yes, you absolutely should be able to control physical access to your home by salesmen or anyone else.
    Being able to "control physical access to your home" means exactly what? Where are the warning lines drawn that you control for all to see before?
     

    General Zod

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    Being able to "control physical access to your home" means exactly what? Where are the warning lines drawn that you control for all to see before?

    The concept is called "private property rights".

    And posting "No Trespassing" or "No Soliciting" signs should be plenty of notice. As should a closed gate, or dozens of other obvious signs.
     

    SARGE67

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    Also the most obvious "warning sign" that an uninvited visitor does not have any right to expect access...it's not their home, it's yours.
    Wow, back in my days of being a thrower of papers in the morning then collecting my $ each month, I would have been screwed
     

    General Zod

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    Wow, back in my days of being a thrower of papers in the morning then collecting my $ each month, I would have been screwed

    In what way? Were you just throwing papers into every yard, whether they subscribed or not? Were you knocking on their door, trying to hard-sell them each issue of the paper?

    Do you understand that "no soliciting" signs don't apply if you currently have a business relationship with the resident? It's not intended to keep the electric company's meter reader off your property, it's intended to keep the guys trying to sell you solar panels off your property unless they are previously invited, perhaps in response to the resident doing an internet search for solar panel dealers and requesting that someone come by.
     
    Last edited:

    DaBull

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    A solicitor told me he ignores the no soliciting sign at the gate to my community (before entering to engage in soliciting). He says he will not solicit a home with a sign. He will not explain why the home sign is valid, but the community sign is not.

    He also says he has had a hundred interactions with law enforcement, but has never been cited for trespassing. He will not say if he has broken any law against soliciting or trespassing by acting as above.

    I believe he can be breaking the law, even if he is never been cited. The failure to be cited may be what encourages him to continue to break the law.

    I don't expect to have a LEO roll up on a solicitor who is breaking the law after calling 911. I would like to know the process a LEO would expect to get an accurate application of the law. In other words, if the solicitor ignores a valid no soliciting sign or in unable to produce their soliciting permit, then what non-emergency number do I call, or what form do I fill out to log the violation? What then happens the next time they are found to violate the law in my neighborhood or some other? A fine instead of a warning? An arrest for trespassing?
     

    Sasquatch

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    A solicitor told me he ignores the no soliciting sign at the gate to my community (before entering to engage in soliciting). He says he will not solicit a home with a sign. He will not explain why the home sign is valid, but the community sign is not.

    He also says he has had a hundred interactions with law enforcement, but has never been cited for trespassing. He will not say if he has broken any law against soliciting or trespassing by acting as above.

    I believe he can be breaking the law, even if he is never been cited. The failure to be cited may be what encourages him to continue to break the law.

    I don't expect to have a LEO roll up on a solicitor who is breaking the law after calling 911. I would like to know the process a LEO would expect to get an accurate application of the law. In other words, if the solicitor ignores a valid no soliciting sign or in unable to produce their soliciting permit, then what non-emergency number do I call, or what form do I fill out to log the violation? What then happens the next time they are found to violate the law in my neighborhood or some other? A fine instead of a warning? An arrest for trespassing?

    Your HOA should have gated access with security posted there to control access - if the streets in the hood are private, that "NO SOLICITING" sign is as valid at the entrance to the hood as it is on an individual home. They can remove the unwanted schmuck and trespass him from the property barring access from the entire neighborhood. Of course that probably means higher HOA fees for you if they agree to go along with it.

    There's an HOA in Conroe - April Sound - that has their own security agency, like a small police department in size, access controlled, patrolled, they respond to complaints by residents and they're quick to kick out anyone violating the rules or who isn't supposed to be there. Maybe your neighborhood needs that.
     

    Shady

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    People would probably knock on the door just to ask why you painted purple on your trees.




    :green:

    I get that regularly from the people in the park behind my home. when they see me in the yard and ask why the purple paint on the fence posts.

    it looks better than No Trespassing signs every 5 feet lol.
     

    Southpaw

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    I had a sign nudist inside, they still knocked.

    You have to be more descriptive. They are obviously willing take a shot, in hopes of seeing this...
    images


    And not this...
    1714391038195.jpeg


    :laughing::laughing::laughing::laughing::laughing::laughing::laughing::laughing::laughing:
     

    majormadmax

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    Helotes!
    For inside the SA city limits from SAFFE Office Yvette Meade...

    "We had received a call from a resident regarding the door to door solicitating. I wanted to post the municipal code to explain how the solicitation works on private and public property. Particularly Section (b) refers to a neighborhood with no solicitation signs at the entrance ways, which is okay for solicitors to go door to door. Now we can still be called out to the location to make sure that they do have a door to door soliciting permit. If they are just leaving handbills without knocking on the front doors and there are "No Soliciting" signs at the entrance ways of the neighbor then there is nothing that we can do. They are legally able to leave the handbills. The "No Soliciting" signs they are refering to can be placed at the entrance ways of the neighborhood based on the below guidelines and can also be placed on individual homes.

    Sec. 21-3. - Advertising on public or private property.

    (a) It shall be unlawful for any person to paint, print, stamp or indent letters, words or figures, on any fence, tree, post, building, wall, sidewalk or bridge in this city, or to post bills on any fence, building, walk, sidewalk or bridge, in this city, without having first obtained the consent of the parties owning or controlling the same.

    (b) It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, scattered or cast any handbill upon any private property if requested by anyone thereon not to do so, or if there is placed on such premises in a conspicuous place upon or near the main entrance to the premises, a weatherproof card, not less than three (3) inches by four (4) inches in size bearing the words "no solicitation," "no advertisements," "no handbills," or any similar notice indicating in any manner that the occupants of such premises do not desire to have any such handbills left upon their premises. The letters on such cards shall be not less than two-thirds (2/3) of an inch in height.

    (c) This section does not apply to any department, branch or agency of federal, state, or municipal government and any religious, political or charitable handbills.

    (Code 1950, § 41-1; Code 1959, § 26-3; Ord. No. 2010-12-16-1089, § 1, 12-16-10)"

    Source: https://nextdoor.com/agency-post/tx...io-police-department-1/solicitation-13997341/


    "Please contact non-emergency Police at (210) 207-7273. SAPD enforces all solicitation violations for the city."
     

    DaBull

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    Nov 19, 2021
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    San Antonio, TX
    For inside the SA city limits from SAFFE Office Yvette Meade...

    "We had received a call from a resident regarding the door to door solicitating. I wanted to post the municipal code to explain how the solicitation works on private and public property. Particularly Section (b) refers to a neighborhood with no solicitation signs at the entrance ways, which is okay for solicitors to go door to door. Now we can still be called out to the location to make sure that they do have a door to door soliciting permit. If they are just leaving handbills without knocking on the front doors and there are "No Soliciting" signs at the entrance ways of the neighbor then there is nothing that we can do. They are legally able to leave the handbills. The "No Soliciting" signs they are refering to can be placed at the entrance ways of the neighborhood based on the below guidelines and can also be placed on individual homes.

    Sec. 21-3. - Advertising on public or private property.

    (a) It shall be unlawful for any person to paint, print, stamp or indent letters, words or figures, on any fence, tree, post, building, wall, sidewalk or bridge in this city, or to post bills on any fence, building, walk, sidewalk or bridge, in this city, without having first obtained the consent of the parties owning or controlling the same.

    (b) It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, scattered or cast any handbill upon any private property if requested by anyone thereon not to do so, or if there is placed on such premises in a conspicuous place upon or near the main entrance to the premises, a weatherproof card, not less than three (3) inches by four (4) inches in size bearing the words "no solicitation," "no advertisements," "no handbills," or any similar notice indicating in any manner that the occupants of such premises do not desire to have any such handbills left upon their premises. The letters on such cards shall be not less than two-thirds (2/3) of an inch in height.

    (c) This section does not apply to any department, branch or agency of federal, state, or municipal government and any religious, political or charitable handbills.

    (Code 1950, § 41-1; Code 1959, § 26-3; Ord. No. 2010-12-16-1089, § 1, 12-16-10)"

    Source: https://nextdoor.com/agency-post/tx...io-police-department-1/solicitation-13997341/


    "Please contact non-emergency Police at (210) 207-7273. SAPD enforces all solicitation violations for the city."
    I found this earlier on ND as well. While it is mostly about posting and leaving written materials, I would like to see the part that talks about knocking on doors. I have seen some TX law that says something like you cannot stop a pollworker (voting) from knocking and asking, and you cannot stop someone who is "asking for help". So, if a solicitor knocks on your door because they need help getting new customers...

    What I did get out of this was the gate sign applies to all homes within the gate, but may require the controlling authority (HOA) to be the complainant when LEO is called.
     
    Last edited:

    Tnhawk

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    I totally get your frustration, but advertising is a thing, and I'm not sure how it's best addressed. Why should someone be banned from physically trying to sell me a product when we have thousands of ads fed into our phones and computers hourly?
    I can choose to not have my life intruded upon by my phone or computer, unlike stopping whatever I'm doing to be subjected to whatever someone is selling. If I'm interested in a product or service I can search for it on a phone or computer. This doesn't waste their time or mine. I can not recall anything I ever purchased from someone knocking on my door.
     

    DaBull

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    Nov 19, 2021
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    San Antonio, TX
    My solution is starting to look like this, although more law would be nice to back it up:


    Can I have your card? Well, Mr X of ABC LLC, you are required to wear a badge and show your permit to solicit on request. Can I see it please? You passed a No soliciting/No trespassing sign when you entered through our neighborhood gate, yet here you are trespassing to solicit without a permit. Your information will be provided to our HOA and reported to SAPD/BCSO for soliciting without a permit and/or trespassing. You will be warned, cited, fined or arrested, depending on how many times you have violated solicitation and/or trespassing codes in the past. This neighborhood is well aware of how the law works and if you return here again, you are very likely to be reported. You should leave now so there is only one report made today.
     

    Shady

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    Back a billion years ago my dad came home from work to find 2 encyclopedia sales men sitting in the living room. Mom tells him they said they had an appointment with you. Dad gives Mom the look.

    He was a metal fabricator so comes home dirty. He looks at the guys and says I will be right back I have to clean up and change. Shower comes on. He is back out in 15 minutes and starts talking to them

    Mom puts dinner on the table he says do you mind I am going to eat while it's hot. They sat there another 1/2 hour or so he came back asked a few questions and said excuse me I need to use the restroom.

    He went to the back bedroom and called his friend hey fred come over and knock in about 15 minutes.

    He is asking more questions and says hey mom dig out the check book about that time fred shows up and dad goes damn Fred these guys have a great deal you should hear about it.

    One sales man looks at the other and says let's go this dude is not buying anything and they walked out with my dad going hey come back my kids can really use that set.

    I don't think I ever seen my dad laugh so hard
     
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