Whitefish seeks to repeal peddler ban

The Whitefish City Council tonight will vote to abolish a 1956 city law banning door-to-door sales as a nuisance, but will hold a public hearing before making a final decision.

At the last two council meetings there has been discussion about past U.S. Supreme Court decisions concerning commercial speech protections under the First Amendment.

Because Whitefish prohibits all door-to-door sales, City Attorney Mary VanBuskirk has advised the total peddler ban may not survive judicial scrutiny if challenged.

The Whitefish Police Department said it has not received any complaints about door-to-door sales over the past decade.

Residents may post their homes with "no solicitor" notices or simply ask uninvited solicitors to leave, VanBuskirk said in her report the council.

If problems develop following the repeal of door-to-door sales, the council would revisit the issue and add additional safeguards to protect residents from aggressive and disruptive conduct.

A second public hearing involves a proposed resolution to adopt updated rules and regulations for the city's water, sewer and garbage utilities.

Two years ago the city conducted a survey of 17 other resort towns to determine the prevalence of other towns that bill only the renter/tenant and do not hold the property owner ultimately responsible for the utility bill.

City Manager Chuck Stearns said it was his experience in other locations that while a city might bill the tenant, the property owner ultimately was responsible for paying the utility bill.

Whitefish incurs a substantial amount of additional time and expenses dealing with deposits, water turn-on and turn-offs and other aspects of its billing method, Stearns said in his council report.

"The current system seems to generate a significant amount of frustration, misunderstanding and ill will with our citizens..." he said.

The city staff met with five local property management firms to reach consensus on changes to improve the utility billing for both customers and the city, to update the regulations and to address clarification issues with private water mains.

In other business, the council will vote on a resolution of intent to annex the Dalen dental clinic at 6345 U.S. 93 S. The building has been on the city water system since 1997 and the council has discussed annexing properties outside city limits that are served by city water or sewer.

The meeting begins at 7:10 p.m. at Whitefish City Hall. A work session at 6 p.m. will focus on property options for a new City Hall.