5.16.040: DETERMINATION OF COMMERCIAL AND NONCOMMERCIAL ACTIVITY:
No municipal official or employee shall have the power to determine whether soliciting is commercial or noncommercial. Each person soliciting shall comply with this chapter according to that person's own determination of whether their soliciting is for commercial or noncommercial purposes. To contest such a determination by a person, the municipality shall seek an appropriate injunction from the district court, and shall permit the person to continue soliciting until such district court order is issued, so long as that person has otherwise complied with this chapter. (Ord. 205 § 4, 1985)