Police Can't Enforce Laws on Solicitors

Bath Township Administrator Vito Sinopoli will address the Summit County Council Monday on a clause in the law that is tying the hands of Bath police officers trying to keep unscrupulous solicitors from preying on residents.

The snafu has to do with registering for a license to sell items door-to-door.

Vendors wanting to sell magazines or home improvement services door-to-door are required to get a permit first. They must pay a fee and undergo a background check.

Originally, they had to apply for the permit from Bath police, but the county several years ago passed an ordinance putting Summit's Department of Consumer Affairs in charge of the permits countywide.

But the Akron prosecutor's office recently issued an opinion on the law that notes the only penalty for violating the law is a civil one.

"That means you have to file a lawsuit to enforce it," Sinopoli said.

Now, Bath police can do little more than warn an unlicensed solicitor.

"We no longer have standing to enforce a criminal penalty," Sinopoli said.

Residents at Risk

Every summer, busloads of  vendors come up from southern states to sell magazine subscriptions, Sinopoli said.

The trouble is, once residents hand over the cash, "they don't get what they paid for," he said.

Other solicitors go door-to-door offering to trim trees or repair roofs.

"In most cases, they're not legitimate businesses," Sinopoli said.

If residents complain about an unlicensed visitor, police can ask for their ID and check for warrants. 

But they can't cite them for violating the county's solicitor law.

So Sinopoli, a former Bath police officer, said he will testify before the County Council, seeking to amend the law to make unlicensed soliciting a crime the police department can enforce.

He said Bath Township welcomes legitimate businesses to undergo background checks and get solicitor permits, but not people who skirt the law.

"I'm going to ask them to correct the law to give police enforcement powers," he said.