Corona Municipal Code Ch. 5.34 Peddlers and Solicitors

(A) Purpose. The purpose of this chapter is to establish a permitting and regulatory program for solicitors.

(B) Findings. The City Council hereby finds that to promote the public health, safety and welfare, restrictions on solicitors are necessary to:

(1) Impose reasonable time, place and manner restrictions on solicitation while respecting the constitutional rights of free speech for all citizens.

(2) Improve the quality of life and economic vitality of the city.

(3) Protect the safety of the general public against abusive conduct of persons engaged in solicitation.

(4) Ensure that the public's use of public rights-of-way is not blocked, obstructed or interfered with by solicitations for the exchange of money, property or employment services directed from or toward motorists traveling on city streets.

(5) Minimize the interference with the use and enjoyment of private property caused by solicitation.

(6) Protect residents from fraud and crime, thereby promoting the safety and privacy of residences within the city.

(7) Protecting residents' safety and privacy by reasonably limiting the hours of solicitation and requiring permits in a content neutral manner.

(8) Allowing individuals to determine their level of comfort with privacy and whether or not they want to receive solicitation.

((Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. Unless the context otherwise clearly indicates, words used in the singular include the plural and words used in the plural includes the singular.

(A) "Director" means the Planning and Development Director for the City of Corona, or his or her designee.

(B) "Solicit", "soliciting" or "solicitation" shall mean and include any request, offer, enticement, or action, by any person who is traveling by foot, vehicle or other type of conveyance from place to place or from door to door or at any temporary, and stationary location on public property, which announces the availability of services or for employment, the sale or exchange of goods or merchandise of any kind, or a request for funds or other property. As defined herein, a solicitation shall be deemed complete when made whether or not services are provided, an actual employment relationship is created, a sales or exchange transaction is completed or an exchange of money or other property takes place. The term solicit, soliciting or solicitation shall not include "sidewalk vendor activities" as defined in § 5.35.020.

(C) "Solicitor" means any person, whether a resident of the city or not, engaged in soliciting.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

No person shall exercise, practice or engage in any soliciting, as described in § 5.34.020, unless such person obtains a solicitors permit and pays the permit fee, as provided in this chapter.

(`78 Code, § 5.34.030.) (Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

A written application for a solicitors permit, along with the permit fee required by § 5.34.060, shall be filed with the Director, on a form provided by the Director, and shall contain at least the following information, as determined by the Director:

(A) The true and fictitious names, aliases, telephone number(s) and address(es) of the applicant, if applicant is an individual; the true and fictitious names, aliases, telephone number(s) and address(es) of all members of the applicant, if applicant is a firm, association or partnership; and the true and fictitious names, aliases, telephone number(s) and address(es) of the principal officers of the applicant, if the applicant is a corporation.

(B) The California driver's license or identification number, individual taxpayer identification number or municipal identification number of each and every person enumerated in division (A).

(C) The city, county and state where the persons enumerated in division (A) practiced or conducted any soliciting or any business or practice associated with soliciting during the 12 month period prior to the date of the application, as well as the name under which the same was conducted.

(D) A statement of the nature and character of the applicant's proposed soliciting.

(E) A copy of a current and valid business license issued pursuant to Chapter 5.02 of this code. If the solicitor is an agent or employee of another person, the solicitor's employer shall obtain the business license required by this subsection.

(F) Such other reasonable information as to the identity and background of the persons enumerated in division (A) as the Director may require.

(`78 Code, § 5.34.040.) (Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024; Ord. 1852 § 1, 1987; Ord. 1797 § 1 (part), 1986.)

(A) After the receipt of a properly completed and filed application, the Director shall, within 30 calendar days, issue a permit allowing the applicant to practice the soliciting activities proposed in the application so long as the application complies with the requirements of this chapter.

(B) An application that does not comply with the requirements of this chapter shall be denied. If the application is denied, the Director shall notify the applicant in writing of the reason(s) for the denial and shall refund 50% of the permit fee submitted with the application.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

Each application for a solicitor's permit shall be accompanied by a permit fee, as established by resolution of the City Council. The application and permit shall apply to and be valid only for those who are listed in the application pursuant to division (A) of § 5.34.040.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

Each solicitor permit shall be personal and is not assignable or transferable, nor shall any solicitor permit be used by any person other than the person to whom the solicitor permit is issued. Any change in ownership or operation of a solicitor requires a new solicitor permit under this chapter.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

A solicitor permit issued pursuant to this chapter shall automatically expire one year from the date of issuance.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

(A) A solicitors permit issued under this chapter may be suspended or revoked by the Director for any of the following reasons:

(1) The permittee provided false, misleading or misrepresented information in the application for the solicitors permit.

(2) The permittee fails to comply with the requirements, regulations, laws and conditions of approval applicable to the solicitors permit, including, but not limited to, any provision of this chapter.

(3) Soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

(B) This section shall be self-executing and the suspension or revocation of the solicitors permit shall be effective immediately. The Director shall give notice of the suspension or revocation of the solicitors permit at the permittee's last known address.

(C) When a permit has been revoked, no other permit shall be issued under the provisions of this chapter to the same permittee within one calendar year of the date of revocation.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

The provisions of §§ 5.34.030 through 5.34.090 shall not apply to the following activities:

(A) A person communicating or otherwise conveying ideas, views or beliefs, or otherwise disseminating oral or written information to a person willing to directly receive such information, provided that such information is of a political, religious or charitable nature.

(B) A person seeking support for a political, religious or charitable organization.

(C) A person seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter.

(D) A person seeking to obtain from an occupant of any residence or business an indication of the occupant's belief in regard to any political or religious matter.

(E) A person conducting a poll, survey or petition drive in regard to any political matter.

(F) A person carrying, conveying, delivering or transporting dairy products, newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

(A) It is unlawful for any solicitor or any person engaging in the activities described in § 5.34.100 to ring the bell of, knock on the door of, attempt to gain admittance to, or otherwise call attention to his or her presence at any residence or business, whereon a sign bearing the following words or words of similar meaning is painted, affixed or exposed to public view:

(1) "No Solicitors";

(2) "No Soliciting"; or

(3) "No Trespassing".

(B) This section shall not apply to any solicitor or any person engaging in the activities described in § 5.34.100 who rings the bell of or knocks on the door of any residence or business at the invitation of or with the consent of some adult member of the residence or business.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

No person shall practice or engage in soliciting between the hours of 7:00 p.m. and 8:00 a.m.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

No person shall solicit by driving, operating, or parking any automotive vehicle with a sound-making device, sound-amplifying device, or loudspeaker thereof in use or operation, or by making any outcry, blowing a horn, ringing a bell or using any sound device or musical instrument, upon any of the streets, alleys, parks or other public places of the city with the purpose of advertising or attracting attention to any merchandise or food which the solicitor proposes to sell if any of the following occur:

(A) When passing a hospital at any time or a church while services are being held therein.

(B) Within 500 feet of the nearest property line of any property on which a school building is located during the hours school is in session.

(C) Between the hours of 7:00 p.m. and 8:00 a.m.

(D) Any such sound would exceed 65 decibels as measured ten feet from the speaker or the sound-making or sound-amplifying device.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

(A) No soliciting persons in vehicles. Notwithstanding any other section of this chapter, it shall be unlawful for any person, within any portion of the public right-of-way, including, but not limited to, public streets, highways, sidewalks and driveways, to solicit, or attempt to solicit employment, business or contributions of money or other property from any person traveling in a vehicle along a public right-of-way, including, but not limited to, public streets, highways or driveways.

(B) No soliciting from vehicles. Notwithstanding any other section of this chapter, it shall be unlawful for any person traveling in a vehicle along a public right-of-way, including, but not limited to, public streets, highways or driveways, to solicit or attempt to solicit employment, business or contributions of money or other property from a person who is within the public right-of-way, including, but not limited to, a public street, highway, sidewalk or driveway.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

Notwithstanding any other section of this chapter, it shall be unlawful for any person to solicit at any special event, as defined in § 9.20.010, or, if the special event is a parade, within 300 feet of any parade route on the day of the parade; without having the proper vending permit to do so, as provided for in Chapter 9.20.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

No solicitor shall engage in the following while soliciting or immediately thereafter:

(A) Coming closer than three feet to the person solicited, unless and until the person solicited indicates he or she consents or wishes to make a purchase or otherwise receive the solicitation.

(B) Blocking or impeding the passage of the person solicited.

(C) Repeating the solicitation after the person solicited has indicated his or her objection to the solicitation.

(D) Following the person solicited by proceeding behind, ahead or alongside such person after the person has indicated his or her objection to the solicitation.

(E) Threatening the person solicited with physical harm by word, gesture, or other means.

(F) Abusing the person solicited with words which are offensive and inherently likely to provoke an immediate violent reaction.

(G) Touching the solicited person without the solicited person's consent.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

Any person aggrieved by a decision of the Director with reference to the issuance, denial, suspension or revocation of a solicitors permit may appeal such decision pursuant to Chapter 1.09 of this code.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)

It shall be unlawful for any person to violate any provision, or to fail to comply with the requirements of this chapter, any rule, policy or regulation adopted hereunder, or any term or condition imposed on a solicitor permit. Violations may be enforced pursuant to any authorized manner under the law, including, but not limited to, the provisions of Chapter 1.08 of this code. Each day that a violation continues is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation.

(Ord. 3399 § 3, 2024; Ord. 3398 § 4, 2024)