Hernando County’s Board of Commissioners discussed and delayed voting on a potential ordinance aimed at reducing the amount of litter created by the disbursement of printed materials throughout the county’s communities.
The proposed law for Enacting Time, Place and Manner Restrictions Applicable to Distribution of Unsolicited Materials would require individuals or businesses who disseminate their advertisements or other such information in front of family homes to follow two new guidelines.
The first rule would compel solicitors to do so no earlier than 9:00 in the morning and no later than 6:00 in the evening. The second: materials may only be distributed as “door hangers,” which, as the name suggests, are designed to hang from the handle or knob of a front
door.
These can take two forms, as specified by the ordinance: “a plastic or cardboard sign” that is cut in such a way as to hang from the door’s handle, or “a bag supported by a rubber band, twist tie or other hanger, which contains materials” that would then be supported by the knob of the door.
By cutting down on littering that is caused by “unsolicited newspapers, handbills, advertisements, or other paper materials on lawns, driveways, rights of way or porches,” the board is looking to alleviate the clogging of storm drains, improve the aesthetics of neighborhoods, and remove one potential avenue for lower property values.
That would be the case if the ordinance passes, but the local governing body ultimately elected to delay the decision to the first meeting of the new year in January. Unable to reach a consensus at this time, the board felt it would be better to make a final vote on this once Commissioner Brian Hawkins has an opportunity to look through all of the materials and provide the tie-breaking vote.
Why were they unable to reach a consensus? The board was split on its feelings about the matter. Two members (Commissioners Ryan Amsler and Steve Champion) felt that the proposal would come too close to the people’s First Amendment rights for their liking.
As Mr. Amsler put it, “I just don’t personally feel it’s my job as a commissioner to tread so closely to the freedom of speech that individuals and newspapers and businesses have to reach other members of their community.”
The other two members (Commissioners Jerry Campbell and John Allocco) supported the proposed guidelines in the hope that it would cut down on unsolicited littering, as noted by the ordinance.
“I know we all agree that people have First Amendment rights, and those rights should be protected at all costs. So, that’s not what this is about. This is about the unsolicited littering of our county. There’s other means in which they can distribute this information” by signing up or following ordinance rules. “I think this is a win-win.”
Commissioner Campbell noted that the Supreme Court ruled that solicitors must be provided some sort of option, so banning such materials entirely would be unconstitutional. The commissioners opined that an opt-in system would likely be better for everyone involved.
The guidelines above were the two primary changes the ordinance would create. The complete documentation of the bill can be found in the agenda on the county’s website at www.hernandocounty.us/watchnow.
