Chowchilla Municipal Code Ch. 5.20 Solicitors

For the purpose of this chapter, the following words as used herein shall be considered to have the meaning herein ascribed thereto:

A. "Registered solicitor" means and includes any person who has obtained a valid certificate of registration as hereinafter in this chapter provided, which certificate is in the possession of the solicitor on his or her person while engaged in soliciting.

B. "Residence" means and includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

C. "Soliciting" means and includes any one or more of the following activities:

1. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services, of any kind, character or description whatever, for any kind of consideration whatever; or

2. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or

3. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or

4. Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-1)

Every person desiring to engage in soliciting as herein defined from persons in residences within this municipality, is hereby required to make written application for a certificate of registration as herein provided. Upon completion of the application, the city clerk shall issue a certificate of registration which shall be valid for one year. Such certificate shall be carried by the solicitor and produced on demand of the chief of police or any member of the police department.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-2)

A. Application for a certificate of registration shall be made upon a form provided by the municipality. The applicant shall truthfully state in full the information requested on the application, as follows:

1. Name and address of present place of residence and length of residence at such address; also business address if other than present address;

2. Address of place of residence during the past three years if other than present address;

3. Age of applicant;

4. Physical description of the applicant;

5. Name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation;

6. Name and address of employer during the past three years if other than the present employer;

7. Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage;

8. Period of time for which the certificate is applied;

9. The date, or approximate date, of the latest previous application for certificate under this ordinance, if any;

10. Whether a certificate of registration issued to the applicant under this chapter has ever been revoked;

11. Whether the applicant has ever been convicted of a violation of a felony under the laws of the state or any other state or federal law of the United States;

12. Names of magazines, journals or books;

13. Names of the three most recent communities where the applicant has solicited house-to-house.

B. All statements made by the applicant upon the application or in connection therewith shall be under oath.

C. The city clerk shall cause to be kept in his office an accurate record of every application received and acted upon, together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this chapter, and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued.

D. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state or any other state or federal law of the United States, within five years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-3)

A. Any certificate of registration issued under this chapter shall be revoked by the city clerk if the holder of the certificate is convicted of a violation of any of the provisions of this chapter, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this chapter. Immediately upon such revocation, written notice thereof shall be given by the city clerk to the holder of the certificate, in person or by certified United States mail addressed to his or her residence address set forth in the application.

B. Immediately upon the giving of such notice, the certificate of registration shall become null and void.

C. The certificate of registration shall state the expiration date thereof.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-4)

A. Every person desiring to secure the protection provided by the regulations pertaining to soliciting contained in this ordinance, shall comply with the following directions:

B. Notice of the determination by the occupant of giving invitation to solicitors, or the refusal of invitation to solicitors, to any residence, shall be given in the manner following: A weatherproof card, approximately three inches by four inches in size, shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words, as follows:

"Only Solicitors Registered in Chowchilla Invited" or "No Solicitors Invited"

The letters shall be at least one-third inch in height. For the purpose of uniformity, the cards shall be provided by the city clerk to persons requesting, at the cost thereof.

C. Such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-5)

A. It shall be the duty of every solicitor upon going onto any premises in the municipality upon which a residence as herein defined is located, to first examine the notice provided for in this chapter if any is attached, and be governed by the statement contained on any notice. If the notice states "Only Solicitors Registered in Chowchilla Invited," then the solicitor not possessing a valid certificate of registration as herein provided shall immediately and peacefully depart from the premises, and if the notice states "No Solicitors Invited," then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises.

B. Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-6)

It is unlawful and shall constitute a nuisance for any person to go upon any premises and ring the door bell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as defined in Section 5.20.010, in defiance of the notice exhibited at the residence in accordance with the provisions of Section 5.20.050 of this chapter.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-7)

It is unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon the premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof, and engage in soliciting as defined in Section 5.20.010, prior to nine a.m. or after nine p.m. of any day.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-8)

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

A. "Interviewee" means a person from whom information is requested by a solicitor as defined in this chapter.

B. "Soliciting information" means requesting information on the background, occupation, economic status, social status, religious status, political status, attitudes, viewpoints, occupants of a residence, telephone number, address, furnishings, or the like of another person for the purpose of compiling such information as raw data or refined data into a document, record, book or directory to be sold, or to be used wholly or in part for a commercial purpose.

C. "Solicitor" means the person soliciting as defined in this chapter.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-9)

A. A permit is required for every person or organization which engages in soliciting information by means of calling upon places of residence or by means of direct personal contact in public places or upon public property. One permit may be obtained by an organization to cover the individual solicitors for the organization. Any peddling or soliciting which is carried on in connection with said solicitation of information is unlawful unless a permit also has been obtained if required by law.

B. Upon completion of the application and payment of the required fee, the city clerk shall issue the requested permit within fifteen days.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-l0)

The provisions of this chapter shall not apply to the following:

A. Any newsgathering activity for a bona fide news medium;

B. Any solicitation of information for a telephone book by a telephone company.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-11)

A. Application for a permit to solicit information shall be made to the city clerk at least fifteen days prior to the time of the proposed effective date of the permit; provided, however, that the city clerk, for good cause shown, may allow the filing of an application less than fifteen days before such date. The application shall contain the following information or, in lieu thereof, a detailed statement of reasons why such information cannot be furnished:

1. The name, address or headquarters of the person applying for the permit;

2. If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers;

3. The purpose for which the solicitation is to be made and the use or disposition to be made of any information therefrom;

4. The names and addresses of the persons to whom the information solicited will be sent;

5. The names and addresses of the persons who will be in direct charge of conducting this solicitation and the names of all promoters connected, or to be connected, with the proposed solicitation;

6. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city or by any department or officer thereof;

7. Such other information as may be reasonably required by the city clerk in order for him to determine the kind and character of the proposed solicitation and whether such solicitation is not inimical to the public welfare.

B. If, while any application is pending or during the term of any permit granted thereon, there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the city clerk in writing thereof within twenty-four hours after such change.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-12)

A fee for a permit to solicit information shall be from time to time set by resolution of the city council.

(Ord. 314-80 § 5, 1980: Ord. 288-78 § 2 (part), 1978: prior code § 16A-13)

A. The permittee shall furnish each person engaged in the soliciting activity in question with a suitable identification card or badge. The cards or badges shall contain at least the following:

1. The name of the individual solicitor;

2. The name of the permittee, if different;

3. The purpose of the solicitation activity;

4. A statement that the interviewee is not required to provide any or all of the information solicited.

B. Such cards or badges shall be produced on demand of the chief of police or any member of the police department.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-14)

Immediately prior to any request for information, each solicitor shall do all of the following in the order prescribed:

A. Present his identification card or badge to the interviewee;

B. Request the interviewee to read the identification card or badge;

C. Inform the interviewee in clear language of the nature and purpose of the solicitation and whether he is representing a governmental entity or whether he is representing a private person or organization;

D. Inform the interviewee that the interviewee need not provide any or all of the information the solicitor requests.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-15)

It is unlawful for a solicitor to do any of the following:

A. Falsely represent, directly or by implication, that the information is being solicited on behalf of a governmental organization;

B. Threaten, directly or by implication, that the information requested will be solicited from sources other than the interviewee if the interviewee does not provide the information;

C. Without the express prior permission of an occupant, solicit at any residence address or apartment complex where there is posted a notice in accordance with Section 5.20.050.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-16)

No person shall solicit information in violation of the provisions of Section 5.20.080; provided, however, a solicitor may call upon the occupant of a residence during such hours when he has received express prior permission from such occupant to do so.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-17)

Any person violating the provisions of this chapter shall be guilty of a misdemeanor in accordance with Chapter 1.16 of this code.

(Ord. 288-78 § 2 (part), 1978: prior code § 16A-18)