Avenal Municipal Code Ch. 7 Peddlers and Solicitors

Sections: 5-7.01 Definitions. 5-7.02 Use and operation.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 16 5-7.03 Violations nuisances. 5-7.04 Violations. 5-7.01 Definitions. The following definitions shall apply to this chapter only unless otherwise specified or adopted: (a) "Solicitor" means any person who requests or intends to request receipt of any money whatsoever from a property owner or occupant, regardless of the reason therefor. (b) "Peddler" means any person who offers to exchange any item, good, service or information for money or anything having any monetary value whatsoever. (c) "Money" includes but is not limited to cash, check, coin, currency, credit card payment, debit card payment, gold, silver, promissory notes or promise to pay. (d) "Person" means any natural person, individual, partnership, trust, corporation, association, society, club or other entity and shall not include any public entity or its officers, employees, agents or contractors while performing their official duties or duties under a public contract. (Ord. No. 2009-05, § 3, 1-14-2010) 5-7.02 Use and operation. (a) For the purpose of increasing the safety and privacy of her or his dwelling, a property owner or occupant may provide notice of her or his prohibition of all door-to-door solicitors or peddlers or both from entering upon, knocking at or ringing the doorbell of the dwelling of such property owner or occupant, located within zoning district R-E, R-1, R-2 or R-3, by posting one of the following signs in a conspicuous area of such premises: (1) NO SOLICITORS. (2) NO PEDDLERS. (3) NO SOLICITORS OR PEDDLERS. (b) It shall be unlawful for a solicitor or peddler to enter upon, knock at or ring the doorbell of the dwelling of a property owner or occupant who has posted one of the signs in subsection (a) in a font no smaller than 18-point. (c) Subsection (b) shall not constitute an infraction under the following circumstances: (1) During a bona fide emergency when there exists an imminent threat of loss of life or property or threat of great bodily harm within a reasonable proximity to the dwelling. (2) On October 31 of each year. (3) As to any person who has the consent or an invitation from the property owner or occupant of the dwelling. (d) Any sign posted pursuant to this section must comply with Title 8, Chapter 4 of the Avenal Municipal Codes. (Ord. No. 2009-05, § 3, 1-14-2010)

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 17 5-7.03 Violations nuisances. Not having been requested or invited by the owner or occupant of a private residence so to do, the practice of going in and upon private residences in the City by solicitors, peddlers, hawkers, itinerant merchants, or transient vendors of merchandise to solicit orders for the sale of goods, wares, or merchandise or to dispose of, peddle, or hawk goods, wares, or merchandise is hereby declared to be a nuisance and an infraction. (Ord. No. 2009-05, § 3, 1-14-2010) 5-7.04 Violations. (a) Any person who violates any provision of this chapter shall be guilty of an infraction and subject to citation and the penalty provisions of Chapter 2 of Title 1 of the Avenal Municipal Code. (b) The second and each subsequent violation of any provision of this chapter, within the preceding twelve (12) calendar months, by the same person, is hereby declared to be a nuisance, and may be abated pursuant to the provisions of section 731 of the Code of Civil Procedure of the State of California. This remedy is in addition to any other remedy provided by law, including the penalty provisions of Chapter 2 of Title 1 of the Avenal Municipal Code. (Ord. No. 2009-05, § 3, 1-14-2010) FOOTNOTE(S): --- (1) --- Editor's note— Ord. No. 2009-05, § 2, adopted Jan. 14, 2010, repealed the former title 5, chapter 7, §§ 5-7.01, 5-7.02. Section 3 of said ordinance enacted a new chapter 7 as set out herein. (Back)