Carlsbad Municipal Code Ch. 8.34 Solicitation

This chapter is intended to improve the quality of life and economic vitality of the city, and to protect the safety of the general public against certain abusive conduct of persons engaged in solicitation, by imposing reasonable time, place, and manner restrictions on solicitation while respecting the constitutional rights of free speech for all citizens. Motorists have complained of solicitation activity near signaled intersections and highway ramps, where solicitors have approached their vehicles. This carries an implicit threat to both person and property. Similarly, the city seeks to prevent threatening and dangerous solicitation in sensitive areas such as city parking lots or parking structures during the evening hours. Restricting solicitation in these places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid solicitations and will help prevent potential violent confrontations.

(Ord. CS-405 § 4, 2021)

As used in this chapter:

"Public place"

means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, parkway, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, open space, and any doorway, entrance, hallway, lobby, and other portion of any business establishment, an apartment house, or hotel not constituting a room or apartment designed for actual residence.

"Solicit," "ask," or "beg"

includes using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. However, passively standing, sitting, or performing music while holding a sign, with no further conduct or spoken word, except in response to an inquiry, is exempt from this definition and regulation under this chapter. This chapter is not intended to restrict the exercise of protected free speech.

(Ord. CS-405 § 4, 2021)

A. It is unlawful to solicit, ask, beg, distribute materials, or attempt to distribute materials in an aggressive manner in any public place after first being warned by a law enforcement officer.

B. "Aggressive manner" means persisting in soliciting, asking, begging, distributing materials, attempting to distribute materials, approaching, or closely following a person(s), after the solicitor or distributor has been informed by unequivocal or multiple words or conduct that the person does not want to be solicited, does not want to give money or any other thing of value to the solicitor, or does not want to receive any materials. All other conduct that may constitute an assault or battery in conjunction with solicitation, asking, begging, or distribution shall be charged separately as such crimes.

(Ord. CS-405 § 4, 2021)

A. Motor Vehicles. No person shall approach an operator or occupant of a motor vehicle stopped in obedience to a traffic control sign, signal, or light for the purpose of soliciting, asking, begging, distributing materials, or attempting to distribute materials while the vehicle is located in any public place.

B. Parking Lots. No person shall solicit, ask, beg, distribute materials, or attempt to distribute materials in any public parking lot or parking structure any time after dark. "After dark" means any time from one-half hour after sunset to one half-hour before sunrise.

C. Exemptions. The provisions of section 8.34.040(B) shall not apply to any of the following:

1. Solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;

2. Solicitations related to the lawful towing of a vehicle; or

3. Solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.

D. Penalty. After first being warned by a law enforcement officer, any violation of this subsection may be charged as a misdemeanor.

(Ord. CS-405 § 4, 2021)

No person shall go onto private property within the city for the purpose of selling, offering for sale, or soliciting orders for the sale of any merchandise, product, service, or thing whatsoever when the occupant of such property has given notice or warned such persons to keep away. A sign posted by the occupant of the property, with the words "no solicitors," "no peddlers," or other similar words, at or near the front door or primary entrance to a residential structure on private property, shall constitute sufficient notice or warning pursuant to this section. For any property used for a purpose other than a residential use, such notice may be posted at each public entrance to any structure on the property in any conspicuous location on the property, in such a manner so as to provide reasonable notice of the restriction.

(Ord. CS-405 § 4, 2021)

No person shall go onto private property for the purposes of commercial or noncommercial peddling, soliciting or canvassing before 8:00 a.m. or after 8:00 p.m., except that while the United States is on federally mandated daylight savings time the hours shall be 8:00 a.m. to 9:00 p.m.

(Ord. CS-405 § 4, 2021)

If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated.

(Ord. CS-405 § 4, 2021)