Wrangell moves to repeal 60-year-old ban on door-to-door solicitors

(City and Borough of Wrangell photo)

By Jonathon Dawe

Wrangell Sentinel

The Wrangell borough assembly is moving to repeal a 60-year-old ordinance governing traveling merchants and door-to-door solicitors.

Members voted unanimously on March 24 to approve the repeal ordinance, scheduling it for a public hearing and possible final action on April 14.

The ordinance was enacted in 1966 “to address concerns regarding inadequate consumer protection from transient or irresponsible vendors,” according to the summary prepared for the assembly by Borough Finance Director Katie Hermanns.

It currently requires a special license for anyone wishing to engage in temporary sales, such as auctioneers, canvassers or hawkers. However, Borough Manager Mason Villarma said the rules are a relic of a different era and no longer fit the modern business world.

“The ordinance reflects regulatory concerns and business practices that are no longer common in the modern commercial environment,” he said during the meeting.

One of the primary reasons for the repeal is that the language in the code is based on early 20th-century municipal models. He pointed out that old standards do not align with current realities like online shopping.

He also explained that many of the consumer protections the borough once tried to manage are now handled by the state through unfair trade practice statutes and state business licensing.

According to Villarma, legal concerns also play a major role in the decision to remove the chapter. Because the ordinance regulates activities like the distribution of religious literature and door-to-door solicitation, it could potentially conflict with court rulings.

“Modern case law has significantly limited municipalities’ authority to regulate speech-related and religious activities,” he said. “Provisions requiring licensure prior to canvassing or solicitation may raise First Amendment concerns and expose the borough to potential legal challenges.”

The current system is also described as an administrative burden that provides very little benefit. The licensing process requires detailed disclosures and reviews by the finance director, yet the code is almost never used. Even when it is utilized, the intent remains unclear because the practices are so far out of date.

The fees associated with the licenses are another sign of the age of the law. The schedule currently ranges from as low as $2 to $100 per year, which does not even cover the cost of the paperwork involved.

“The minimal revenue generated does not justify the administrative oversight required,” Villarma’s report explained.

Despite the proposed repeal, the borough will not be left without ways to manage public safety or business conduct.

According to Villarma, the borough still holds plenty of authority through zoning laws and criminal code provisions. The existing tools allow the government to address unsafe or improper business activity without needing a separate chapter for transient merchants.

The manager said he would present an ordinance to the assembly at its April 14 meeting to require all businesses to obtain a license and update the sales tax code.

• This article originally appeared in the Wrangell Sentinel.