Fullerton Municipal Code Ch. 3.36 Solicitors

Except as otherwise provided in § 3.36.130 of this chapter, no person shall solicit 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 9:00 p.m. or without then having upon his or her person a permit to solicit 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 solicitors 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 solicitor.

(Ord. 1844, passed - -1972; Ord. 2368, passed - -1981; Ord. 2488, passed - -1983)

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

SOLICIT.

(1) To, in person, orally or in writing, or by means of any picture, catalog, sample or demonstration, to sell, offer to sell, or take an order for, or to enter or offer to enter into any contract to sell any personal property or to provide or perform any service, or to furnish any labor or materials and therewith do or perform any work, or install, erect, construct, improve or repair or make any improvement in or upon any building, or to do any work upon any real property unless all of such personal property, labor and materials are then and there present for the immediate delivery thereof and the immediate performance of such service and the immediate doing of all of such work.

(2) SOLICIT also means to ask, request, urge or suggest that any person purchase or sell, or offer, contract or agree to purchase or sell, any real or personal property, or that any person hire, or offer, or contract or agree to hire, any person, not then and there present, to perform, at any time thereafter except immediately, any service, or that any person order, or agree or contract to accept and pay for, the performance of any labor or the furnishing of any material to do any work or install, erect, construct, improve or repair or make any improvement in or upon any building, or to do any work upon any real property, at any time thereafter except immediately.

(3) SOLICIT also means to, in person, take or offer to take, or to ask, request, urge or suggest the placing or giving of, any order or subscription for, or permission to allow, any delivery, at any time thereafter except immediately, of one or more books, magazines, newspapers, pamphlets, circulars, items of advertising or of any other written or printed matter, with or without any consideration or payment therefor.

(4) SOLICIT also means to, in person, orally or in writing request any advice, information or opinion of any person.

(5) SOLICIT also means to, in person, ask, request, urge or suggest the giving of money or property as a gift or donation.

(Ord. 1844, passed - -1972)

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. A copy of such application shall be promptly sent by the Chief of Police to the Business Registration Division of the city. Such application shall be executed as a declaration of the applicant under the penalty of perjury.

(Ord. 1844, 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 § 3.36.010, or is prohibited by this chapter, or by any law of the state, from soliciting and upon such determination shall notice the applicant, by mail at his or her address shown on his or her application, whether or not such permit will be issued.

(Ord. 1844, 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 all items, services and work to be offered and the time when the delivery or performance thereof will be offered and whether any money will be obtained before the full and complete delivery or performance thereof and if so the amount thereof and the nature of all business intended to be transacted pursuant to such service and all activities which such permit is requested to authorize;

(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. This fingerprint information shall be used only to confirm or deny the information given in division (H) below and shall not be retained in any fingerprint storage system; and

(H) A statement as to whether or not, other than for traffic violations, the applicant has ever been found guilty of, or pled 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 the charge.

(Ord. 1844, passed - -1972; Ord. 2635, passed - -1988)

(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 soliciting. A permit to solicit in the city shall expire in one year, 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. Such permit shall specify the activity which it authorizes.

(B) No person shall solicit as to anything not so specified.

(C) A person who gives false information in his or her application shall be denied a permit unless the Chief of Police determines such falsification to have been the result of inadvertence, excusable neglect or a lack of understanding.

(Ord. 1844, passed - -1972; Ord. 2411, passed - -1982; Ord. 2488, passed - -1983; Ord. 2635, passed - -1988)

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. 1844, passed - -1972)

The Chief of Police shall revoke any permit granted under the provisions of this chapter whenever he or she determines that the terms of the permit have been violated or that the solicitation depends on misstatements, deception, fraud or abuse.

(Ord. 1844, passed - -1972; Ord. 2635, passed - -1988)

(A) 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.

(B) 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.

(C) If such decision is that the issuance of such permit to the applicant is not prohibited by § 3.36.060 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 § 3.36.060 of this chapter, the City Manager shall affirm the denial or revocation of such permit.

(D) 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. 1844, 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. 1844, 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. 1844, passed - -1972)

(A) It shall be the duty of any police officer of the city to require any person he or she sees soliciting 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 solicit in the city, or proof of exemption therefrom.

(B) Any police officer shall arrest and charge with a violation of § 3.36.010 of this code, any person who solicits 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 not been revoked, authorizing such person to solicit 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 solicited 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, so that the person arrested shall be subject to the provisions thereof and of Cal. Penal Code § 853.7.

(Ord. 1844, passed - -1972)

No permit under this chapter shall be required by any person to solicit at the residence of any member of any religious, charitable, political, fraternal, civic or other group or organization for which such person is then soliciting; provided, that such person then has on his or her person, and exhibits to any police officer or other person upon request therefor, a then valid certificate issued by such organization or group authorizing such person to solicit at the residence of its members. Nor shall any permit under this chapter be required by any person 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 solicitor is a person of good moral character and is acting as a solicitor for, or under the sponsorship, authority or direction of, the issuer of such certificate and will not retain any part of the money paid to him or her for any item or service ordered and will receive no payment in money or property for his or her service as such solicitor; provided, that the certificate is exhibited 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 solicit as an incident to an occupation regulated by state law; provided, that such license is exhibited to any police officer or other 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, CATV services or similar articles or 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 soliciting therein by such person and 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 § 3.36.010 of this chapter. In the case of any religious, charitable, political or other not-for-profit corporation, not mentioned above, a permit shall be required, however no fee or fingerprinting shall be required.

(Ord. 1844, passed - -1972; Ord. 2476, passed - -1983; Ord. 2635, passed - -1988)

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. 1844, passed - -1972)

Any violation of this chapter is a misdemeanor.

(Ord. 2825, passed - -1992)