Port Townsend City Council considers requiring background checks for peddlers

PORT TOWNSEND — Those trimming trees and mowing lawns may soon be required to undergo a background check .

A peddling law, for which Port Townsend City Council approved a first reading Monday night, was revised to add “casual services” to the list of door-to-door activities that will require a background check and license in the city of Port Townsend.

City Attorney John Watts said the addition of services to the background check list was done in order to protect residents from a situation similar to one in Port Ludlow, where burglars targeted homes by performing tree-trimming services prior to a break in.

Jason Lucas, 29, and Robert Lucas, 23, were each sentenced to 50 months in jail by Kitsap County Superior Court for a string of burglaries in Kitsap and Jefferson Counties earlier this month.

Burglary operation

Police say the two found targets through their tree-trimming business. They still face charges in Jefferson County.

Deputy Mayor George Randels voiced concern over the inclusion of casual yard services in the ordinance.

“I’m not sure we’re solving a crime problem by limiting services,” Randels said.

“The Boy Scout shoveling a walk has to get a license, but the Girl Scout doesn’t have to, and I’m wondering why we’re discriminating either way.

“This is just a first reading, and it’s something we may want to bring up in the second reading.”

The ordinance will still need to come back to council one more time before it is ultimately approved.

A first reading on the ordinance was delayed in June after council members referred it to the city finance committee for review.

It was the finance committee that suggested the addition of services to the ordinance.

The draft ordinance defines soliciting as any sales done by going from place to place within the city limit.

Along with a background check for a criminal record and a licensing fee of $50, the ordinance also requires solicitors to carry photo identification, obey signs indicating “no soliciting” and operate only between 9 a.m. and dusk.

Exemptions from the licensing fee are in place for political campaigning, farmers selling produce and certain seasonal services, such as lawn mowing.

Also, community-based nonprofits, such as Girl Scouts, will be exempt from the formal licensing process.

They will be issued free organizational certificates allowing them to go door to door.

If the law is approved on a second reading, violators could be fined up to $1,000 and sentenced up to 90 days in jail.

In June, City Manager David Timmons said the need for a more defined peddler code was needed as a matter of public safety.

“It gives people a place to check on a solicitor who comes to your door,” he said.

“You never know, if we don’t have a background check in place.

“Someone could come to your door, get invited inside, ask to use the restroom and suddenly they are casing the house.

“This helps prevent people from doing that.”

Case-by-case basis

Port Townsend Police Sgt. Ed Green said enforcement would be on case-by-case basis.

“Much like the noise violation ordinance, any infraction would start low but have the potential to move up,” Green said.

“Subsequent infractions could elevate charges to that of a misdemeanor.”

Green said his department receives “quite a few calls” regarding solicitors.

“Around six a month,” Green said.

“That includes people concerned about the legitimacy of a solicitor to people looking to learn the law on how to go about soliciting.”

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Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com.

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