The Springs At Stone Oak

Solicitors

How and who can enforce the NO SOLICITING sign at the entrance gate?

Part of my decision to purchase a home in The Springs was that it was gated and provided a reasonable sense of security. Along with that, based on the sign at the gate, I expected that solicitors of businesses would not come to my door to bother me or my neighbors. This has happs fairly often. Not sure if they are solicitors or burglery scouts. I understand that I, as homeowner in Texas, can place a no soliciting sign on my door and can legally deter and possibly prevent anyone from soliciting; and it can safeguard me from a 1st amendment right defense (in a majority of cases) But what about as a community? If I tell someone to "go away, soliciting is not allowed in this gated community and if a resident did not invite you in here, you are tresspassing (by a gate that requires a code to open)" and he goes to the next house, what can be done?

Would additional sinage (NO TRESSPASSING)  at the gate help?

 

On that note, can resident's children come around to solicit for fund raising of their school or clubs? This, I don't mind as much especially since they are residents, but its still soliciting.

 

Please advise. Thank you!

  • Avatar
  • springsweb
  • Respected Neighbor
  • San Antonio, TX
  • 135 Posts

You have valid points and complaint.   Theoretically, the No Soliciting sign that was purposefully installed by the entrance gate is one of the requirements identified previously to deter solicitors from entering a gated, private neighborhood.  Placing a No Soliciting sign by your front door is also identified as a useful tool to help avoid solicitors from approaching your front door.   

 

A solicitor is trespassing upon entering our gated neighborhood due to our streets being private, not public.   Your instructing a solicitor to leave due to our gated, private street neighborhood with a highly visible No Soliciting sign at the entrance should be sufficient.  We know it's not, and the response you've received from solicitors that you've turned away is not unusual - they continue on to another residence in our neighborhood.  An option always available is to contact the SAPD through its non-emergency phone number ((210)-207-7273), but a quick response to your report of a solicitor trespassing on our private streets and lots probably won't happen.

 

You could always demand the solicitor show you his/her San Antonio-issue Peddler/Canvasser license.  The license is good for 1 year and costs $120 for a Foot Peddler ("Retail sales of tangible property from house to house...; delivery is made at the time of the sale") or $60 for a Canvasser ("Retail sales of tangible property for future delivery from house to house").  Lack of a city-issued, valid permit could result in the solicitor being charged with a misdemeanor and assessed a fine of up to $500.  Peddlers/Canvassers are prohibited from soliciting at private residences between 8pm and 8am.  However, demanding the license could tend to indicate the solicitation is permissible.

 

So, in this responder's mind, the actions you have taken have been appropriate.  You  could also contact SAPD to try to have the solicitor apprehended for trespassing.  From a community viewpoint, there's not a viable means of forcing a solicitor to leave or to notify other residents of the solicitor.

 

A very good question that perhaps other residents have ideas to share that would work to dissuade initial or continuing solicitation by a solicitor.

 
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San Antonio, Texas 78258