El Cerrito Municipal Code Ch. 6.20 Transient Businesses and Solicitations

It is unlawful for any person to engage in any of the following businesses without first obtaining a valid permit as provided for in this title:

A. Peddling or soliciting;

B. Engaging in the junk business;

C. Distributing or circulating, or directly or indirectly causing to be distributed or circulated, any commercial advertising matter;

D. Conducting or maintaining, or soliciting business for, any patrol service or system;

E. Other transient businesses.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Every person who intends to conduct in the city any of the activities listed in Section 6.20.010 shall obtain a permit in the manner specified in Chapter 6.05 of this title. The police chief is the public official who will conduct the investigation.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

It is unlawful for any person to peddle or solicit before the hour of eight a.m. on any day, or after sunset, but in no event after the hour of eight p.m.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

It is unlawful for any person conducting a transient business or a solicitation to ring the bell or knock at any building whereon there is painted, affixed or otherwise displayed to the public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors" or "No Agents," or which otherwise purports to prohibit soliciting or sales on the premises.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

It is unlawful for any peddler or solicitor to represent by words, writing, action or counterfeit badge and permit that he or she is some other peddler or solicitor, or a partner, agent, employee or representative of any peddler or solicitor or any person when in fact he or she is not.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Every vehicle used for a transient business or for soliciting or for moving through the city to perform these activities shall have a sticker attached to the lower right side of the windshield, furnished by the license administrator of the city. The vehicle sticker is for identification purposes only, and does not grant the vehicle operator any driving or parking privileges unavailable to the general public.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

It is unlawful for any person to distribute or circulate, or directly or indirectly cause to be distributed or circulated, any commercial advertising matter unless the name and address of the person who printed, wrote, compiled or manufactured the same, or the name and address of the person who caused the same to be distributed, is printed, written, stamped, lithographed or otherwise designated upon each piece of the matter.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any advertising matter in or upon any automobile or other vehicle, or in or upon any public place. The provisions of this section shall not be deemed to prohibit the handling, transmitting or distributing of any advertising matter, without charge, to any person willing to accept the same.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any advertising matter or newspaper upon any uninhabited or vacant private premises, or upon any other premises if:

1. Requested by anyone thereon, in writing, not to do so; or,

2. A sign is placed on the premises in a conspicuous position near the entrance thereof, bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisements," "No Solicitors"; or

3. A notice is conspicuously placed on the premises indicating in any manner that the occupants of the premises do not desire to be contacted or to have their privacy disturbed, or to have any such matter left upon such premises.

B. It is unlawful to distribute advertising matter on other than a porch of inhabited private premises. Any such advertising matter must be wrapped, tied, folded, or otherwise so prepared or placed that it will not be scattered by the wind.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

It is unlawful for any person to distribute or circulate, or cause to be distributed or circulated, anything other than printed documents to a private premise, public place, or uninhabited or vacant private premises. It is unlawful to distribute any kind of samples other than printed documents.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

The provisions of this chapter shall not apply to:

A. The distribution of mail by the United States Postal Service;

B. The delivery of any newspapers to any subscriber, or to any person who has requested delivery;

C. Salesmen or agents for wholesale houses or firms who solicit orders only from, or sell only to, retail dealers for resale, or to manufacturers for manufacturing purposes;

D. Bidders for public works or supplies;

E. Persons licensed under provision of the state Business and Professions Code;

F. Persons peddling or soliciting goods or publications for the sole and bona fide purpose of propagating a religious faith, doctrine or belief.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Any person who knowingly misrepresents to any officer or employee of the city any material fact in procuring a permit, or who violates any of the provisions of this chapter, shall be deemed guilty of a misdemeanor. Upon conviction thereof such person shall be punished by a fine of not more than five hundred dollars, or by imprisonment in jail for a period of not more than six months, or both such fine and imprisonment. Any violation of this chapter is a nuisance per se.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)