Fullerton Municipal Code Ch. 3.32 Peddlers

Except as otherwise provided in § 3.32.130 of this chapter, no person shall peddle at the residence of any person or at any place of human habitation in the city while having any communicable disease or infection or on any day before 9:00 a.m. or after 5:00 p.m. or without then having upon his or her person a permit to peddle which has been issued to him or her by the Chief of Police as authorized by this chapter and not revoked, or without exhibiting such permit to any person or police officer upon his or her request. The purpose of this chapter is to protect the public health, safety and welfare by protecting the inhabitants of the residential areas from annoyance during early or late hours of the day and from exposure to peddlers with a communicable disease or infection or with propensities toward violence, rape, burglary, kidnapping, robbery, assault, theft, threats, intimidation, coercion, fraud, misrepresentation and other acts likely to injure, annoy or impose fears of injury upon such inhabitants or likely to cause loss or damage to them or to their property or likely to induce them to act other than freely and voluntarily when contacted by any peddler.

(Ord. 1843, passed - -1972)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PEDDLE. To take any goods, wares, merchandise, food, clothing, cloth, furniture, furnishing, utensil, appliance, tool, machine, hardware, paint, wallpaper, liquid, drug, medicine, tonic, vitamin, soap, insecticide, fertilizer, household supplies or any other object for use on, or consumption by, any person, or for use upon, in, or adjacent to, any residential premises, to any entry door of any dwelling unit without the prior consent of an adult occupant thereof or without having first obtained an invitation, appointment, order or contract to do so, and to sell and immediately deliver any such item to any occupant of such dwelling unit or to offer to immediately do so. PEDDLE also means to go to any entry door of any dwelling unit, while having there or in the proximity thereof materials, tools, equipment, machinery, supplies or facilities which may be used to perform a service upon, in, or adjacent to, such dwelling unit, without any invitation to do so or any order or contract therefor, and to then perform therewith any service upon, in or adjacent to, such dwelling unit, or to offer to immediately do so.

PEDDLER. A person who does any act included in the definition herein of the word PEDDLE.

(Ord. 1843, passed - -1972)

(A) To obtain such permit, an application therefor shall be filed in duplicate with the Chief of Police upon a form provided by him or her. Such application shall be accepted only upon a showing that $100 for each initial permit applied for pursuant to the provisions of this chapter, and a fee of $25 for each renewal thereof has been paid to the City Treasurer as a fee to investigate such applicant before any such application may be filed. A copy of such application shall be promptly sent by the Chief of Police to the Business Registration Division of the city.

(B) Such application shall be executed as a declaration of the applicant under the penalty of perjury.

(Ord. 1843, passed - -1972; Ord. 2411, passed - -1982)

The Chief of Police shall promptly cause to be made such investigation of the applicant as he or she deems necessary and shall determine whether the applicant is a person of good moral character or has any of the propensities described in § 3.32.010, or is prohibited by this chapter, or by any law of the state, from peddling and upon such determination shall notify the applicant, by mail at his or her address shown on his or her application, whether or not such permit will be issued.

(Ord. 1843, passed - -1972)

Applicants for a permit under this chapter shall give in writing the following information:

(A) Name and description of the applicant;

(B) Addresses and telephone numbers of his or her residence and business;

(C) A brief description of the nature of the business to be transacted and the items to be sold or services to be rendered, and in the case of products of farm or orchard, whether they are produced or grown by the applicant;

(D) If employed, the name and address of the employer together with written evidence of the exact relationship;

(E) The applicant shall file with his or her application two photographs taken within 60 days immediately prior to the date of the filing of the application; said pictures shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

(F) He or she shall also state in his or her application whether, so far as he or she is aware, he or she is afflicted with any communicable disease or infection;

(G) The applicant shall submit to being fingerprinted by the Police Department and shall furnish the names of at least two property owners of the county, who will certify that the applicant is of good moral character and business responsibility, or in lieu of such names, any other available evidence showing the good moral character and business responsibility of the applicant; and

(H) A statement as to whether or not, other than for traffic violations, the applicant has ever been arrested, or found guilty of, or plead guilty or nolo contendere to, violating any law, and if so, a statement as to each such event, stating when and where it occurred and the nature of the offense involved and the punishment or penalty assessed therefor or other disposition of such charge.

(Ord. 1843, passed - -1972)

(A) No such permit shall be issued to any person who, according to his or her application is afflicted with any communicable disease or infection or who the investigation made pursuant to this chapter shows is prohibited by this chapter, or by any law of the state, or of Congress, from peddling or is deemed by the Chief of Police reasonably probable to have any propensities described in § 3.32.010 or is not law abiding or a person of good moral character.

(B) A permit to peddle in the city shall expire one year from the date of issuance and shall be issued by the Chief of Police to each applicant therefor who complies with the provisions of this chapter and is not herein prohibited from having such a permit.

(C) A person who gives false information in his or her application shall not be deemed to be a person of good moral character unless the Chief of Police determines such falsification to have been the result of inadvertence, excusable neglect, a lack of understanding or that it does not impair the good moral character of the applicant.

(Ord. 1843, passed - -1972; Ord. 2411, passed - -1982)

No permit authorized by this chapter shall be transferable to, or used by, a person not named in the permit as the person to whom it was issued.

(Ord. 1843, passed - -1972)

The Chief of Police shall revoke any permit granted under the provisions of this chapter whenever he or she determines that there is a reasonable probability that the permittee has any of the propensities described in § 3.32.010 or has committed any act therein described, or is not a law abiding person or of good moral character.

(Ord. 1843, passed - -1972)

Upon any permit required by this chapter being refused or revoked by the Chief of Police, the applicant or permittee may, within 15 days after notice thereof has been sent by certified mail, addressed to him or her at his or her address shown on his or her application, or otherwise on file with the Chief of Police, file a written request, containing his or her address, with the City Manager for a hearing by him or her to review such action. He or she shall set such hearing within 30 days from his or her receipt of any such request and send by certified mail addressed to the person making such request at the address shown therein, a notice of the time and place of such hearing at least 15 days in advance thereof. Within 30 days after the date set for such hearing, the City Manager shall make his or her decision which shall be final and not subject to appeal to the Council and shall exhaust the administrative remedy of the applicant or permittee for any such refusal or revocation of such permit. If such decision is that the issuance of such permit to the applicant is not prohibited by § 3.32.060 of this chapter, but is thereby required to be issued, the City Manager shall direct the Chief of Police to issue or reinstate such permit and he or she shall do so forthwith. If such decision is that the issuance of such permit to the applicant is prohibited by § 3.32.060 of this chapter, the City Manager shall affirm the denial or revocation of such permit. A copy of any decision by the City Manager hereunder shall be sent by him or her by certified mail addressed to the person who requested such review at the address shown therein.

(Ord. 1843, passed - -1972)

No person may apply for any permit authorized by this chapter within one year from any denial of any such permit to such person or from the revocation of any such permit issued to such person, unless the cause of the denial or revocation has been to the satisfaction of the Chief of Police or City Manager removed within such time.

(Ord. 1843, passed - -1972)

Each person to whom a permit has been issued under this chapter shall immediately surrender his or her permit to the Chief of Police upon its revocation.

(Ord. 1843, passed - -1972)

(A) It shall be the duty of any police officer of the city to require any person he or she sees peddling in the city, who is not known by such officer to have such a permit, to exhibit to such officer a valid permit for such person to peddle in the city, or proof of exemption therefrom.

(B) Any police officer shall arrest, and charge with a violation of § 3.32.010 of this code, any person who peddles in the city in the presence of such officer without having, or exhibiting to such officer upon his or her request therefor, a permit issued pursuant to this chapter and which has been revoked, authorizing such person to peddle in the city, or proof of exemption therefrom.

(C) If an investigation by a police officer of the city shall disclose that a person has peddled in the city, not in the presence of such officer, without a permit for him or her to do so as required by this chapter, such police officer shall proceed by a criminal complaint to charge such person with such violation and carry such charge to a final disposition by the court.

(D) All arrests under this chapter shall be made pursuant to Cal. Penal Code Part 2, Title 3, Chapter 5 (commencing with § 833) so that the person arrested shall be eligible for release as provided by said code, and if released upon a citation, as authorized by Cal. Penal Code § 853.6, the arresting officer shall comply with Cal. Penal Code §§ 853.6 and 853.8, so that the person arrested shall be subject to the provisions thereof and of Cal. Penal Code § 853.7.

(Ord. 1843, passed - -1972)

No permit under this chapter shall be required by any person peddling or distributing anything while acting under and carrying a then valid certificate issued within 90 days by a nonprofit fund, foundation or corporation which has established its tax exempt status under I.R.C. § 501(c)(3) and which is organized and operating primarily for youth improvement, or for any religious or charitable purpose, or for the purpose of providing any service or activity conducted or supported by any community chest or like community aid fund, or for any hospital service, which certificate states that such peddler is a person of good moral character and is acting as a distributor or peddler for, or under the sponsorship, authority or direction of, the issuer of such certificate, provided that such certificate is exhibited upon request to any police officer or other person upon request therefor. Nor shall any permit under this chapter be required by any person while acting under a valid license issued to him or her by any agency of the state authorizing him or her to peddle or distribute anything as an incident to an occupation regulated by state law, provided that such license is exhibited upon request to any police officer or person upon request therefor. Nor shall any permit under this chapter be required by any person while responding to an invitation or appointment or by any person at any place on a route or in a territory assigned exclusively to him or her pursuant to any employment or contract for the regular daily, or other periodic, delivery or sale of milk, bread, water, cosmetics, brushes, toilet articles, newspapers or similar articles, or by any person at any place in any area where such person regularly and periodically performs residential maintenance or cleaning services, including gardening, spraying, window cleaning, floor waxing and similar services, provided that any such person referred to in this sentence shall have been so engaged in such activity in such area for a period of at least 30 days prior to any peddling therein by such person and he or she is not wanted, and has not been held, by the police for investigation of, and has not been convicted of, or arrested for, any crime referred to in § 3.32.010 of this chapter.

(Ord. 1843, passed - -1972)

If any word, phrase, clause, sentence or section of this chapter is for any reason invalid, such invalidity shall not impair the validity of any other part of this chapter and the Council declares that it would have enacted each and every part of this chapter without any such invalid or any other part thereof.

(Ord. 1843, passed - -1972)

Any violation of this chapter is a misdemeanor.

(Ord. 2825, passed - -1992)