Town of Flower Mound Solicitor Ordinance

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Town of Flower Mound Solicitor Ordinance

The Town has recently received several inquiries about handbills and leafleting in Flower Mound. Town attorneys reviewed the matter and indicated that a ban on such handbills and leafleting would be in violation of various provisions of the United States Constitution and other pertinent legislation. Several cases referred to by our attorneys in a legal opinion that was provided are directly on point, and suggest that such an enactment by the Town would subject it to liability and payment of the opposing party’s attorney’s fees. The Town has received several recommendations from residents regarding possible ordinance changes related to handbill solicitation. Staff has prepared a detailed response with legal review to address the recommendations. In addition, a side-by-side comparison of Flower Mound’s solicitation ordinance with the ordinances of Frisco and Highland Village is also available for review. The ordinance was created to sufficiently addresses the solicitation issue by protecting the safety of our residents, while at the same time protecting the rights of business establishments.

With regard to door-to-door solicitation, it is unlawful for any person to enter a residential property and ring the doorbell or knock on the door for the purpose of solicitation without first obtaining a permit from the Town, furnishing a bond, and receiving a photo identification badge. The permit and photo identification badge are supplied after a background investigation by the Police Department. An example of a Town-issued solicitor’s badge can be viewed on the Town’s Web site at http://www.flower-mound.com/police/police_solicitors.php. If a citizen has a solicitor knock at their door or ring the doorbell without a permit, the Police Department can be contacted at 972.539.0525.

Posted 01/20/2010.