East Palo Alto Municipal Code Ch. 2.72 Regulation of Canvassing Activities in Multifamily Residential Structures

The city council of the city has made the following findings:

A. Approximately forty-six (46) percent of the city's total housing units are multiple-family dwellings in character (i.e., apartment houses and condominium projects).

B. A substantial proportion of the city's total population resides in such multiple-family residential dwellings.

C. Because of the unique composition and patterns of the city's housing stock and percentage of persons living in multiple-family dwellings, it has been found that such modes of residence have created barriers and impediments to such persons receiving information of political and social significance; and, as a result thereof, such persons have not identified with or become involved in the political processes of the city, or of the county, state or federal governments.

D. Door-to-door political canvassing has historically been found to be a most effective instrument in promoting the free and full discussion of political ideas, thereby promoting and benefiting the health, safety and welfare of the citizens of the entire community.

E. A compelling need therefore exists to establish procedures which have as their basis the assimilation of persons living in multiple-family dwellings into the political processes of the city, and of the county, state and federal governments by helping to inform such persons regarding candidates, political parties and ballot measures of community-wide, statewide or nationwide importance, so that the public interest would be served by having an informed and educated electorate.

F. It is, therefore, the intent of this chapter to establish a procedure to ensure that residents of multiple-family dwellings be accorded the same rights to receive political information, in both oral and written form, as are persons who reside in single-family detached residences; such procedure being that of granting political canvassers certain corresponding rights to gain access to the common areas of multiple-family residential facilities so as to be able to contact, on a door-to-door basis, the persons residing within such residential facilities.

(Prior code § 2-6.301)

It is the purpose of this chapter to provide an opportunity to persons residing in apartment houses, condominium projects, mobilehome parks or planned unit developments within the city to gain access to any political canvasser who wishes to contact such persons on a door-to-door basis, so such residents may receive, the benefit of any oral or written information such political canvasser is willing to provide regarding any candidate for elective office, political party or measure.

(Prior code § 2-6.302)

For the purposes of this chapter, the words and phrases used in this chapter shall have the following meanings unless the context shows a different meaning:

"Apartment house" means a group of five or more attached, detached or semidetached rentable units, occupying a single parcel of land in one ownership, and having yard or court in common, and where cooking, bathroom and toilet facilities are available in each respective unit.

"Apartment house common areas" means those areas on or within an apartment house, such as interior reception and lobby areas, interior hallways and stairwells, elevators, exterior hallways, recreational areas, driveways, walkways, landscaped areas and off-street vehicular parking areas, which areas are not deemed to be individual dwelling units for rental, letting or leasing.

"Candidate" means that term as defined in Section 11513 of the Elections Code of the state, or successor section.

"Common green subdivision" means those areas within the confines of subdivisions, such as recreational areas, sidewalk, driveways, walkways, off street vehicular parking areas and landscaped areas.

"Condominium" means that term as is defined in Section 783 of the Civil Code of the state, or successor section.

"Condominium project" means that term as is defined in subsection 3 of Section 1350 of the Civil Code of the state, or successor section.

"Condominium project common areas" means those areas on or within a condominium project, such as interior reception and lobby areas, interior hallways and stairwells, elevators, exterior hallways, recreational areas, sidewalks, driveways, off-street vehicular parking areas, and landscaped areas; which areas are owned in common by the condominium unit owners or by a nonprofit corporation; and which areas are not included within the definition of condominium unit.

"Condominium unit" means that term as defined in subsection 2 of Section 1350 of the Civil Code of the state, or successor section.

"Election" means any type of election specified and defined pursuant to provisions of the Elections Code of the state and shall include the initiative, referendum and recall.

"Elective office" means that term as is defined in Section 11513 of the Elections Code of the state, or successor section.

"Measure" means that term as is defined in Section 11514 of the Elections Code of the state, or successor section.

"Mobilehome" means that term as is defined in Section 798.3 of the Civil Code, or successor section.

"Mobilehome park" means that term as defined in Section 798.4 of the Civil Code, or successor section.

"Mobilehome park common areas" means those areas within the confines of a mobilehome park, such as recreational areas, sidewalks, driveways, walkways, off-street vehicular parking areas and landscaped areas, which areas are not included within the definition of mobilehome lot.

"Owner" means:

1. In the case of an apartment house, "owner" means that person who owns the apartment house building or buildings.

2. In the case of a condominium project or planned unit development in which the individual condominium unit owners or lot owners jointly hold undivided ownership interests in the common areas, "owner" means each condominium unit owner or lot owner.

3. In the case of a condominium project or planned unit development in which the common areas are owned by a nonprofit corporation, "owner" means such nonprofit corporation.

4. In the case of a mobilehome park, "owner" means the person who owns the mobilehome park itself.

5. In all cases, "owner" includes the resident manager or other authorized representative of an owner, whether or not such authorized representative resides on the premises.

"Person" means any individual, group of individuals, partnerships of every kind, corporation, unincorporated association, business or common law trust.

"Planned unit development" means the same term as is defined as a "common green subdivision."

"Planned unit development common areas" means those areas within the confines of a planned unit development such as driveways, off-street vehicular parking areas, recreational areas, landscaped areas and walkways, which areas are owned in common by the owners of the various lots within the planned unit development itself or by a nonprofit corporation.

"Political canvasser" means any individual who desires to gain entrance or access to the common areas located within any apartment house, condominium project, mobilehome park or planned unit development so as to contact, on a door-to-door basis, the persons residing or occupying dwelling units located within such residential facility, for the purpose of disseminating political information or literature on behalf of, and/or for soliciting contributions to, any candidate for elective office, political party or measure.

"Political party" means any political party which has qualified for participation in any election pursuant to the provisions of Division 7 (commencing with Section 8000) of the Elections Code of the state.

Singular and plural. Whenever the singular form of a word or term is used in this chapter, the same shall include the plural form of the word or term.

(Prior code § 2-6.303)

The provisions of this chapter shall be operative only during a sixty (60) calendar day period of time immediately preceding an election, as the term "election" is defined in Section 2.72.030.

(Prior code § 2-6.304)

A. During the operative dates of this chapter, as provided for in Section 2.72.040:

1. Apartment Houses. No owner of any apartment house shall:

a. Deny, restrict, inhibit or prohibit;

b. Adopt any rule, restriction or regulation denying, restricting, inhibiting or prohibiting; or

c. Enforce any existing rule, restriction or regulation which denies, restricts, inhibits or prohibits the right of any political canvasser who desires, between the hours of nine a.m. and seven p.m. of any day, to enter or gain access to any of the common areas located on or within such apartment house for the purpose of contacting the occupants or dwellers residing therein regarding the communication or dissemination of political ideas and/or the soliciting of financial contributions pertaining to any candidate for elective office, political party or measure.

2. Condominium Projects, Mobilehome Parks, Planned Unit Developments. No owner of any of the common areas located on or within any condominium project, mobilehome park, or planned unit development shall:

a. Deny, restrict, inhibit or prohibit;

b. Adopt any rule, restriction or regulation denying, restricting, inhibiting or prohibiting; or

c. Enforce any existing rule, restriction or regulation which denies, restricts, inhibits or prohibits the right of any political canvasser who desires, between the hours of nine a.m. and seven p.m. of any day, to enter or gain access to any of the common areas located on or within such rental facility for the purpose of contacting the occupants, dwellers or unit owners residing therein regarding the communication or dissemination of political ideas and/or the soliciting of financial contributions pertaining to any candidate for elective office, political party or measure.

B. Security Residential Facilities With Resident Manager. If the front or main entrance to any apartment house, condominium project, mobilehome park, or planned unit development is secured by a locking or security device which allows only the occupants of such residential facility, or such occupants' guests, to gain entrance, and a resident manager or other representative of the owner resides on the premises, a political canvasser shall have the right to contact the resident manager or owner's representative for the purpose of gaining entrance. If the political canvasser states who he or she is, the name of the candidate, political party or measure the political canvasser represents, and the reason or reasons why entrance to said residential facility is being requested, the resident manager or owner's representative shall allow the political canvasser to gain entrance in order that such person can engage in the political canvassing activities specified in this chapter; provided, however, that the political canvasser's request to gain entrance is made between the hours of nine a.m. and seven p.m. of any day during the operative dates of this chapter.

c. Distribution of Political Literature. No provision of this chapter shall be construed to prohibit or restrict the right of any political canvasser who, having gained access to the common areas of any apartment house, condominium project, mobilehome park, or planned unit development and having received no response from the occupant of a particular dwelling unit located therein, from leaving copies of any political literature such canvasser possesses on, at or near the front door area of such dwelling unit.

(Prior code § 2-6.305)

Nothing in this chapter shall prevent the owner of any apartment house, condominium project, mobilehome park or planned unit development from expelling any political canvasser from the property or premises who has engaged in conduct disruptive of the owners, property. Constitutionally protected speech by itself shall not be considered disruptive conduct. Disruptive conduct by particular political canvassers shall not be grounds for expelling political canvassers not engaged in such disruptive conducts nor for preventing future access to political canvassers.

(Prior code § 2-6.306)

No owner of any apartment house or mobilehome park, nor the owner of any dwelling unit located within a condominium project, mobilehome park or planned unit development, shall evict, or cause to be evicted, any individual on the basis that such individuals while a lessee or tenant residing within such residential facility, went from door-to-door within such residential facility seeking to communicate or disseminate political ideas and/or solicit financial contributions pertaining to any candidate for elective office, political party or measure.

(Prior code § 2-6.307)

Any owner who violates any of the provisions of subsection A1 or A2 of Section 2.72.050 shall be guilty of a misdemeanor and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding six months or by both such fine and imprisonment. In addition, any individual who is defined as a political canvasser by this chapter, or any individual who is a resident of an apartment house, condominium project, mobilehome park, or planned unit development, may bring a civil action in a court of competent jurisdiction to enforce any of the provisions of this chapter.

(Prior code § 2-6.308)