Canyon Lake Municipal Code Ch. 5.16 Peddling and Soliciting

The City Council finds that persons and organizations have been and are visiting private residential properties in the City for the purpose of peddling and/or soliciting orders for the sale of goods, wares, merchandise or services, and that many residents find such visits and the tactics used by such visitors to be bothersome and highly intrusive. The City Council further finds that a variety of misrepresentations and other frauds are at times employed in such activities. The City Council further finds that the public safety, welfare and convenience necessitates the exercise of the police power of the City through the enactment and enforcement of this Chapter for the purpose of protecting the privacy of residents and preventing aggressive, threatening, abusive and fraudulent practices by persons representing themselves as peddlers and solicitors.

(Ord. 201, passed 10-7-2020)

(a) "Peddling" includes the act of any person, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place of residence to place of residence carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden or truck farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers.

(b) "Soliciting" includes the act of any person, traveling either by foot, wagon, automotive vehicle, or any other type of conveyance, from place of residence to place of residence taking or attempting to take orders for sale of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries, or exposes for sale a sample of the subject of such sale, or whether such person is collecting advance payment on such sale or not.

(c) Those persons peddling and/or soliciting on behalf of: (1) any institution or organization recognized by a tax board of the State of California and the Internal Revenue Service of the United States, which institution or organization is conducted wholly for the benefit of charitable, religious, political or nonprofit purposes and from which profit is not derived, either directly or indirectly, by any person, or (2) any governmental agency, shall be exempted from the requirements of this Chapter.

(d) The definitions of peddling and soliciting above shall not include any person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

(Ord. 201, passed 10-7-2020)

(a) No person, who is exercising, practicing or engaging in any activity as described in Section 5.16.020(a) hereof, shall ring the bell of, or knock on the door of, or attempt to gain admittance to any place of residence, including but not limited to any residence, dwelling, property owner's association, mobile home park, or apartment complex whereon a sign bearing the words "No Peddling" or words of similar import, which indicate that peddlers are not wanted on the premises is painted, affixed or exposed to public view.

(b) No person who is exercising, practicing or engaging in any activity as described in Section 5.16.020(b) hereof, shall ring the bell of, or knock on the door of, or attempt to gain admittance to any place of residence, including but not limited to any residence, dwelling, property owner's association, mobile home park, or apartment complex whereon a sign bearing the words "No Soliciting" or words of similar import, which indicate that solicitors are not wanted on the premises is painted, affixed or exposed to public view.

(c) No person, who is exercising, practicing or engaging in any activity as described in Subsections 5.16.020(a) and 5.16.020(b), shall ring the bell of, or knock on the door of, or attempt to gain admittance to any place of residence, including but not limited to any residence, dwelling, property owner's association, mobile home park, or apartment complex whereon a sign bearing the words "No Peddling or Soliciting" or words of similar import, which indicate that peddlers or solicitors are not wanted on the premises is painted, affixed or exposed to public view.

(d) This section shall not apply to any peddler or solicitor who rings the bell of, or knocks on the door of any place of residence, including but not limited to any residence, dwelling, property owner's association, mobile home park, or apartment complex at the invitation of or with the consent of the owner, occupant, or some adult member of the household of any such place of residence.

(Ord. 201, passed 10-7-2020)

The provisions of this Chapter are intended to augment and to be in addition to any other provision of the Canyon Lake Municipal Code, including but not limited to Chapter 5.01 related to the Business License Registration Program.

(Ord. 201, passed 10-7-2020)

No person shall practice or engage in peddling or soliciting as described in Subsections 5.16.020(a) and 5.16.020(b) to any place of residence, including but not limited to any residence, dwelling, property owner's association, mobile home park, or apartment complex, between the hours of 8:00 p.m. and 8:00 a.m. of any day, except upon the expressed invitation of or appointment with the owner, occupant, or some adult member of the household of any such place of residence.

(Ord. 201, passed 10-7-2020)

(a) Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance.

(b) Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code. Additionally, as a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, any permit issued pursuant to this Chapter being deemed null and void, disgorgement and payment to the City for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City may also pursue any and all remedies and actions available and applicable under state and local laws for any violations.

(c) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000 or imprisonment in the City or County jail for a period of not more than six months, or by both such fine and imprisonment. The City Attorney, in his or her sound discretion, may prosecute a violation of this Chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under the provisions of this Chapter shall be punished by a fine not exceeding $100 for the first violation, a fine not exceeding $200 for a second violation within one year, and a fine not exceeding $500 for a third violation within one year. A fourth violation of this Chapter within one year shall be charged as a misdemeanor and may not be reduced to an infraction. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(d) The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.

(Ord. 201, passed 10-7-2020)