Flyer distribution question (Jacksonville: real estate, HOA, house)

[stevewb]

Moderator cut: moved

Riveree posted that flyers distributed to most neighborhoods in Jacksonville were considered "no-solicit" and solicitors would be heavily fined for doing so. Jacksonville municipal code shows no such regulation and does not give H.O.A's any authority on this matter. Does anyone know why or how flyer disributors would be fined? Is Jacksonville not small business friendly? I am interested as a business owner as I am considering moving to Jacksonville. Again any info on this topic would be helpful.

[riveree]

Most new neighborhoods, and many old ones as well, are choosing to go "no-solicit". This is done through the city. You'll see the signs at the neighborhood entrance stating that you cannot solicit in this neighborhood...many people ignore these signs, but if a neighbor calls the city, the solicitor can be fined (and the solicitor has just left proof at the neighbor's front door).

The HOAs can be the ones to request the signage from the city, but even neighborhoods without an HOA can do it (much like a neighborhood watch).

I think it's less a reflection on whether Jax is small business friendly and more just homeowners not wanting strangers approaching their front doors in this day and age.

[Lisa_from_Debary]

I don't know about your HOA but they have the power to do it here...we had a sign posted on our pool saying what the rules were, the police said to put on the sign "if you are here after 9 at night or before 7 in the morning you are tresspassing, if you are here and under the age of 14 and have no parent or legal gaurdian with you, you are tresspassing"

The police said that posting this sign with those words meant that the police could come along, find them breaking the rules and arrest them if need be.

[stevewb]

Thank you for your reply. This is the oddest regulation I have ever heard since every home is owned seperately and streets are public property. Normally it is the individual private property owner that has the right to post no-solicit signs and cannot impose that on everyone in the entire neighborhood. I can understand the signage at a private community pool because the sign is designated for that specific property. A sign posted on a public street would not designate what homes or neighborhoods were no solict, or where that specific neighborhood started or ended. Please don't take this as a debate, I am truley interested in this odd way of regulating flyer distribution. We have these exact types of sign here in Phoenix posted mostly by H.O.A's., but the municipal codes are what the law recognizes. This is the only city I have researched that has no distribution code but can fine a company for advertising. Thank you for your input, I will definately call the city of Jacksonville to get the info. It will be helpful in my decision to start my business over again in another city.

[kort677]

Originally Posted by stevewb

Thank you for your reply. This is the oddest regulation I have ever heard since every home is owned seperately and streets are public property.

I don't think it's odd at all, I don't know the laws and traditions here in JAX but back in NJ there are many towns require that door to door solicitors obtain a permit to go door to door from the Police Dept. Most solicitors fail to get the permit and whenever one came to my door I sent them on their way and called the cops to deal with them. The cops rarely issued violations they just chased the solicitors away. One time some guy trying to sell some kind of soap product got belligerent with me when I told him I wasn't interested and to get off my property, the cops were called and he was arrested.

[stevewb]

Door to door solicitors are not the same as handbill distibutors of advertisments. That's the odd part. Solicitors in Phoenix also need a permit because you are knocking on homeowners doors, invading their privacy and not just leaving a flyer. If true, this rule would affect many owners of businesses including real estate agents, home improvement specialists, charities, ect. I'm glad this topic was posted because this possible rule/fine not included in the municiple code would make it difficult to start a home based business in the beginning. It's also odd because only large companies with large advertising budgets would have the money to advertise directly to homeowners (mailers, radio, cable). Thanks for posting!

[kort677]

Originally Posted by stevewb

Door to door solicitors are not the same as handbill distibutors of advertisments. That's the odd part. Solicitors in Phoenix also need a permit because you are knocking on homeowners doors, invading their privacy and not just leaving a flyer. If true, this rule would affect many owners of businesses including real estate agents, home improvement specialists, charities, ect. I'm glad this topic was posted because this possible rule/fine not included in the municiple code would make it difficult to start a home based business in the beginning. It's also odd because only large companies with large advertising budgets would have the money to advertise directly to homeowners (mailers, radio, cable). Thanks for posting!

distribution of handbills in JAX is easily prohibited in most of the newer areas because they are private PUDS and the streets are not always public property, and many are gated and restrict access.
Many places like malls can restrict access to their property as well.
in many suburban areas that are not PUDS or gated in order to leave a handbill at a doorway means that you have to tresspass to get to the doorway and the univited person can be charged.
In addition it is against the law to leave a handbill in a mailbox.

[Lisa_from_Debary]

Take a look at the legal definition of soliciters...according to my reading of it, that includes even distributing handbills...

IF You live in a neighborhood that has a Home Owners Association, they have every right to post a sign AND it refers to each and every house that is included in the Home Owners Association.

I called the police on a guy yesterday and they ran him out of the neighborhood. This is my new plan...

[stevewb]

I think my questions about flyer distibution in Jacksonville are being mis-understood. I am not taking about privately owned comercial property like malls, H.O.A signs at swimming pools, ect. I am simply asking does anyone know for a fact that flyers cannot be delivered to individual homeowners that do not post a no-solict sign on their own property. I cannot find any city code civil or criminal that states this. I believe individual homeowners have the right to post these signs. Privately owned communities would be different and would fall under tresspasing laws if so stated. It is the same here in Phoenix. My question is does anyone know of any laws or fines prohibiting such delivery, and where one could find this information. My experience has been some people think H.O.A.'s make laws and that the legal term for soliciting and advertising are the same. If anyone knows for fact, great where can I find it? If not, that's ok too.

[riveree]

Originally Posted by stevewb

I think my questions about flyer distibution in Jacksonville are being mis-understood. I am not taking about privately owned comercial property like malls, H.O.A signs at swimming pools, ect. I am simply asking does anyone know for a fact that flyers cannot be delivered to individual homeowners that do not post a no-solict sign on their own property. I cannot find any city code civil or criminal that states this. I believe individual homeowners have the right to post these signs. Privately owned communities would be different and would fall under tresspasing laws if so stated. It is the same here in Phoenix. My question is does anyone know of any laws or fines prohibiting such delivery, and where one could find this information. My experience has been some people think H.O.A.'s make laws and that the legal term for soliciting and advertising are the same. If anyone knows for fact, great where can I find it? If not, that's ok too.

It's a fact. My current home is in a non-gated community with an HOA. One of the first things my HOA did was apply to the city for non-solicit, the city then came out and put a sign at the entrance to our neighborhood. No one can legally solicit in my neighborhood.

I have an additional sign at my front door stating "Do Not Solicit" because it drives my dogs absolutely crazy when people step on my property, it's a huge disrupter of the peace in my household. Now that my neighborhood has been around a few years, the solicitations have dropped off significantly, but as a new neighborhood, we were bombarded with people trying to sell us stuff.

My previous neighborhood, which does not have an HOA, has the very same city signage - a few of the neighbors just got together and requested it, you would not be able to solicit here either.

To further research, try the city's website: coj.net

Another helpful one might be: myflorida.com