Azusa Municipal Code Div. 1 Generally

The city council finds, determines and declares that the adoption of this article is a reasonable and appropriate regulation of the time, place and manner of charitable, religious and commercial solicitations and, recognizing the importance of such activity to the community and its protected status, finds that this article is essential in order to:

(1) Generally protect the health, safety and welfare of the citizens of the city and persons in the community;

(2) Protect citizens and persons in the community from fraud and deceit by solicitors through registration of solicitors, requiring their review of state consumer protection laws concerning solicitations and requiring certain minimal information about the persons and groups soliciting;

(3) Protect the right of privacy of citizens and other persons within the city by enabling them to decide whether to be subject to solicitations and to be free of harassing and overbearing solicitors;

(4) Reduce the potential for crime by prohibiting persons convicted of certain crimes involving personal violence or theft from soliciting door-to-door at residences; and

(5) Provide for a simplified and prompt system for the issuance, denial, renewal and revocation of permits for solicitations and to provide a speedy and complete process of appeal from actions related to the issuance, denial, renewal and revocation of permits for solicitations.

(Code 1971, § 5.16.150)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City manager means and includes the person exercising that function or any city employee designated by the city manager to perform such functions under this article.

Charitable purpose means benevolent, civic, educational, patriotic, political, philanthropic, religious or other similar purposes.

Charitable solicitation or religious solicitation means the request, directly or indirectly, of money, credit, property, financial assistance or other things of value on the plea or representation that such money, credit, property, financial assistance or other thing of value or any portion thereof will be used for a charitable or religious purpose, conducted door-to-door, in any place of public accommodation, in any place of business open to the public generally, on the city streets and sidewalks, in the public parks or in any public place.

Commercial solicitation means the:

(1) Selling, peddling or hawking of or the soliciting, canvassing or taking orders for goods, wares, newspapers, magazines, books, merchandise, services or any other items or exchanges of value.

(2) Conducting of a survey or poll.

(3) Distribution of advertising material or samples where the person distributing the material or samples enters the property of another or makes or attempts to make contact or discuss the material or samples with the person to receive it. Commercial solicitation does not include solicitations by telephone, solicitations through the United States mail or solicitations or sales by commercial travelers or selling agents selling their goods wholesale to dealers by sample for future delivery.

Contribution means and includes the words alm, food, clothing, money, property, subscription or pledge and also donations under the guise of loans of money or property.

Permit holder means the person who has applied for a permit which has been granted and the organization or group on whose behalf solicitations will be made.

Person means any individual, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league and includes any trustee, receiver, assignee, agent or other similar representative thereof.

Religious or religion has the meaning established by the supreme court of the state or the Supreme Court of the United States.

Solicit and solicitation mean and include but are not limited to the following methods of securing such money, credit, property, financial assistance or other thing of value, when conducted in the manner set forth in this definition and the definition of the term "charitable solicitation" or "religious solicitation":

(1) Any oral or written request.

(2) The local distribution, circulation, posting or publishing of any handbill, written advertisement or other local publication.

(3) The sale of any goods or services.

(4) The sale of any ticket or right to admission to any amusement, show, entertainment, lecture or other enterprise, where such solicitation is made to persons other than the bona fide members of the organization or institution causing the solicitation of, for or on whose behalf the solicitation is made and where it is represented or made to appear that such solicitation or any part of the proceeds therefrom shall be used for charitable or religious purposes.

Solicitation, as defined under the definitions of "charitable solicitation" and "commercial solicitation" in this section, shall be deemed to have taken place when the request is made, whether or not the person making the request receives any contribution.

Solicitor means a person who solicits or who engages in a solicitation.

(Code 1971, § 5.16.010; Ord. No. 98-09, § 2, 6-15-98)

Cross reference— Definitions and rules of construction generally, § 1-2.

This article shall not apply to solicitations through the United States mail or to charitable or religious solicitations which are conducted among the members of the soliciting group by other members, whether at regular assemblies or services or otherwise.

(Code 1971, § 5.16.020)

(a) Commercial solicitations shall not be conducted by any person under the age of 16 years unless in compliance with all laws of the state.

(b) Solicitations shall not be made at any house, apartment or other dwelling unit or at any business to which is affixed a sign clearly indicating "no solicitors" or a similar indication that no solicitation contact is desired by the occupants thereof.

(c) No solicitor shall:

(1) Affix any object to the person of any member of the public without first receiving express permission therefor.

(2) Persistently and importunely engage in commercial solicitation with the person being solicited after he has indicated that he is not interested in the solicitation.

(3) Intentionally and deliberately obstruct the free movement of any person or any street, sidewalk or other public place or any place open to the public generally.

(4) Engage in commercial solicitations in violation of the specific provisions of article V of chapter 62 of this Code relating to street and sidewalk sales.

(d) A valid reproduction of the permit issued pursuant to this article shall be shown to the person to whom a charitable or commercial solicitation is made.

(Code 1971, § 5.16.120)

Upon request a commercial solicitation permit holder shall issue to the customer a written receipt for the sale or order of any goods, wares, newspapers, magazines, books, merchandise, services or any other item or exchange of value, which receipt shall be signed by the permit holder and shall plainly indicate his name, the permit number, the date, the items or services purchased and the amount received.

(Code 1971, § 5.16.130)

No person shall conduct solicitations at residences if that person has been convicted of any of the following crimes, as defined in the state Penal Code: murder, mayhem, kidnapping, robbery, assault with intent to commit a felony, assault, battery, rape, arson, burglary, possession of burglarious instruments or deadly weapons, theft or attempt to commit any of such crimes.

(Code 1971, § 5.16.140)