Chapter 112 — SOLICITATION

It is the purpose of this subchapter to protect residents of the city against:

(A) Fraud and misrepresentation by persons purporting to solicit funds from the public for charitable purposes; and

(B) Unreasonable annoyance or disturbance to residents of the city.

(Prior Code, § 3130) (Ord. 81-6, passed 5-18-1981)

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

CHARITABLE ORGANIZATION. Any organization which is, or holds itself out to be, organized or operated for any charitable purpose, or any person who solicits or obtains contributions solicited from the public for charitable purposes.

CHARITABLE PURPOSE. Includes the word CHARITABLE in its ordinary meaning, and also the words patriotic, philanthropic, social service, welfare, educational, religious, civic, or fraternal.

SOLICITATION. The request or appeal, directly or indirectly, either in person or by telephonic communication, for any contribution on the representation that such contribution will be used for a charitable purpose, including, without limitation, the following methods of requesting such contributions:

• (1) Any oral or written request for a contribution, in person or by telephone; and

(2) The sale of, offer of, or attempt to sell, in person or by telephone, any advertisement, subscription, ticket, or any service or tangible item in connection with which any appeal is made for any charitable purpose or where the name of any charitable organization is used or referred to in any such appeal as an inducement or reason for making any such sale, or when in connection with any such sale any statement is made that the whole or any part of the proceeds from any such sale will be donated or applied to any charitable purpose. (Prior Code, § 3131) (Ord. 81-6, passed 5-18-1981)

Every charitable organization which solicits or intends to solicit contributions at or upon any residence within the city, or to have funds solicited on its behalf within the city, shall, prior to any such solicitation, file a registration statement with the City Clerk. Each registration statement shall be refiled and updated every 12 months so long as such charitable organization is engaged in solicitation activities within the city. Such statement shall contain the following information:

• (A) The name of the organization and the purpose for which it was organized;

(B) The address of the principal office of the person applying for the permit, including both local and non-local principal offices, where such exist;

• (C) If the applicant is not an individual, the names and addresses of the applicant’s principal officers and executives;

• (D) The specific purpose for which such solicitation is to be made; and

• (E) The name and address of the person who will be in direct charge of conducting the solicitation.

(Prior Code, § 3132) (Ord. 81-6, passed 5-18-1981)

Any resident desiring to secure protection from solicitation at his or her residence shall attach and exhibit at or near the main entrance to the residence a visible and legible sign stating words to the effect that uninvited solicitors are not allowed upon the premises. The letters shall be at least one-third inches in height. The words “No Solicitors” or similar words shall be deemed sufficient for this purpose.

(Prior Code, § 3133) (Ord. 81-6, passed 5-18-1981)

It shall be unlawful to do any of the following:

(A) To engage in solicitation within the city without there being in effect a certificate of registration for such solicitation;

(B) To directly or indirectly solicit contributions for any purpose by misrepresentation of the name, occupation, financial or social condition, residence, or principal place of business of the solicitor, or to make or cause to be made any misstatement, deception, or fraud in connection with any solicitation of any contribution for any purpose within the city, or in any application or report filed under this subchapter;

(C) In connection with any solicitation for a charitable purpose, to use a name, symbol, or statement so closely related or similar to that used by another charitable organization or any governmental agency that the use thereof would tend to confuse or mislead the public;

(D) To solicit funds by use of statements or materials that would indicate that such funds were being raised for an organization or agency, where such organization or agency has not given its explicit permission for the raising of such funds for it and the use of its name in connection with the solicitation of funds;

(E) To violate the terms or provisions of any permit issued under the provisions of this subchapter;

(F) To solicit upon any premises where there is posted a notice prohibiting solicitation in accordance with § 112.04, or to refuse to leave the premises of any residence within the city after being asked by the owner or occupant to do so; and/or

(G) To engage in solicitation upon, or by telephonic communication with, any residence prior to 9:00 a.m. or after 7:00 p.m. of any day, except that from May 1 through October 31 of each year solicitation is permitted until 8:00 p.m. of any day.

(Prior Code, § 3134) (Ord. 81-6, passed 5-18-1981) Penalty, see § 112.99

Permits issued pursuant to this subchapter shall authorize the holder thereof to solicit for the number of days requested in the application, not to exceed 30 days. Applications for renewal of permits may be made and shall be granted if the requirements of this subchapter are being met and no violations hereof have been found to exist. (Prior Code, § 3135) (Ord. 81-6, passed 5-18-1981)

COMMERCIAL SOLICITATION

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

RESIDENCE. Every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

REGISTERED SOLICITOR. Any person who has obtained a valid certificate of registration, as hereinafter provided, which certificate is in the possession of the solicitor on his or her person while engaged in soliciting. SOLICITING.

• (1) Engaging in one or more of the following activities, either in person or by telephonic communication:

• (a) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, or services of any kind, character, or description, for any kind of consideration;

• (b) Seeking to obtain prospective customers for the application or purchase of insurance, annuities, or similar commodities of any type, kind or character; and/or

• (c) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, and every other type or kind of publication.

• (2) For purposes of this subchapter, SOLICITING shall not include:

• (a) Solicitation made at the express request or invitation of the party to whom made; or

• (b) Solicitation for a charitable purpose as defined in § 112.02.

(Prior Code, § 3140) (Ord. 81-5, passed 5-18-1981)

(A) No person shall engage in soliciting from persons in residences within the city without having a certificate of registration as herein provided. Such certificate shall be carried by the solicitor and produced on demand of any person to whom solicitation is made, or to any legally authorized enforcement officer of the city. Application for a certificate of registration shall be made upon a form provided by the City Clerk, which application shall be accompanied by a non-refundable application and processing fee as set forth in the Master Fee Schedule and amended from time to time. The applicant shall state in full the following information:

(1) Name and address of present place of residence and length of residence at such address, or business address if other than residence address;

• (2) The address of place of residence during the past three years if other than present address;

• (3) Age of the applicant;

• (4) Physical description of the applicant;

• (5) Name and address of the person, firm, or corporation whom the applicant is employed by or represents, and the length of time of such employment or representation;

• (6) Name and address of the applicant’s employer during the past three years if other than the present employer;

• (7) Identification of the subject matter of the soliciting in which the applicant will engage;

• (8) The date or approximate date of the latest previous application for certificate under this subchapter;

• (9) Whether a certificate of registration issued under this subchapter to the applicant has ever been revoked;

• (10) Whether the applicant has ever been convicted of a violation of a felony under the laws of the state or any other state or federal law of the United States; and

• (11) Names of the three most recent communities where the applicant has solicited at residences.

• (B) All statements made by the applicant upon the application or in connection with it shall be under oath.

• (C) The City Clerk shall cause to be kept in his or her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto, and all certificates of registration issued under the provisions of this subchapter and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued and any renewal thereof shall be identified with the duplicate number of the application upon which it was issued.

(D) No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of any state or the federal law of the United States within five years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this subchapter; nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided. (Prior Code, § 3141) (Ord. 81-5, passed 5-18-1981; Ord. 03-02, passed 5-5-2003) Penalty, see § 112.99

(A) Any certificate of registration issued hereunder shall be revoked by the City Clerk if the registered solicitor is convicted of a violation of any of the provisions of this subchapter, or is determined to have made a false material statement in the application, or who otherwise becomes disqualified for the issuance of a certification of registration under the terms of this subchapter.

(B) Immediately upon such revocation, written notice thereof shall be given by the City Clerk to the holder of the certificate in person or by certified mail, addressed to his, her, or their residence address as set forth in the application.

(C) Immediately upon the giving of such notice, the certification of registration shall be deemed null and void. (Prior Code, § 3142) (Ord. 81-5, passed 5-18-1981)

(A) Any person desiring to secure the protection from solicitation provided by this section shall attach and exhibit at or near the main entrance to the residence a visible and legible sign stating words to the effect that uninvited solicitors are not allowed on the premises.

(B) The words “No Solicitors” or similar words shall be deemed to be sufficient for this purpose. The letters in such notice shall be at least one-third of an inch in height.

(Prior Code, § 3143) (Ord. 81-5, passed 5-18-1981)

It shall be unlawful to do any of the following:

(A) To engage in soliciting from persons in residences within the city without having in effect and on the person of the solicitor a certificate of registration as herein provided;

(B) To go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner, calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engaging in soliciting as herein defined, in defiance of a notice exhibited at the residence in accordance with the provisions of § 112.23, or to refuse to leave the premises of any residence within the city after being asked by the owner or occupant to do so;

(C) Engaging in solicitation upon, or by telephonic communication with, any residence prior to 9:00 a.m. or after 7:00 p.m. of any day, except that from May 1 through October 31 of each year solicitation is permitted until 8:00 p.m. of any day;

(D) For more than two individuals to engage in solicitation upon any single premises at the same time for the same goods or services;

(E) (1) For any person to make more than one solicitation call at the same premises for identical goods or services within any consecutive 30-day period without receiving a prior invitation therefor from the occupant of such premises.

(2) This provision shall be construed to include solicitation upon the same premises by employees, agents, or representatives of any person more than once during such period without a prior invitation therefor;

(F) For any solicitor to fail to verbally identify himself or herself and the purpose of the solicitation; and/or

(G) To misrepresent the purpose of any solicitation or to use any false, deceptive, or misleading representation to induce a sale, or to use any plan, scheme, or ruse which misrepresents the true status or purpose of the person making the solicitation.

(Prior Code, § 3144) (Ord. 81-5, passed 5-18-1981) Penalty, see § 112.99

(A) Except for an ice cream vendor, it is unlawful for any person to solicit on any public street or sidewalk within the city.

(B) For the purpose of this section, the term ICE CREAM VENDOR shall mean and be limited to a business, and the employees of the business when acting on behalf of the business, who sell from a truck only the following items: ice cream, candy, or non-alcoholic beverages.

(Prior Code, § 3145) (Ord. 81-5, passed 5-18-1981; Ord. 01-03, passed 4-16-2001) Penalty, see § 112.99

No person shall solicit for any purpose, charitable or otherwise, in any city, county, or federal building within the city.

(Prior Code, § 3146) (Ord. 81-5, passed 5-18-1981) Penalty, see § 112.99

SOLICITATION IN PUBLIC PLACES

It is the intent of this subchapter to impose reasonable place and manner limitations on solicitation, as defined herein, in order to protect the safety of the general public against abusive solicitation, to prevent disruptions to public functions, improve access to public places, to improve traffic safety, and to curb intimidating or coercive behavior, while respecting the constitutional right of free speech.

(Prior Code, § 4000.300) (Ord. 15-01, passed 2-17-2015)

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

AGGRESSIVE SOLICITATION. To do one or more of the following while engaging in solicitation or immediately thereafter:

• (1) Approaching or speaking to a person, or following a person before, during, or after soliciting, asking, or begging, if that conduct is intended or is likely to cause a reasonable person to:

• (a) Fear bodily harm to oneself or to another, or damage to or loss of property; or

• (b) Otherwise be intimidated into giving money or other thing of value.

• (2) Blocking or impeding the passage of the person solicited;

• (3) Following the person solicited by proceeding behind, ahead, or alongside of him or her after the person solicited declines to make a donation;

• (4) Threatening the person solicited with physical harm by word or gesture;

• (5) Using profane, offensive, or abusive language, which is inherently likely to provoke an immediate violent reaction or fear before, during, or after solicitation; and/or

• (6) Touching the solicited person or their vehicle without the solicited person’s consent.

DONATION. A gift of money or other item of value and shall also include the purchase of an item for an amount far exceeding its value under circumstances where a reasonable person would understand that the purchase is in substance a gift or donation.

PERSON. Includes both individual persons and organizations.

PUBLIC PLACE. A place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby, and other portion of any business establishment open to the public.

SOLICITATION. Any request made in person seeking an immediate donation of money or other item of value, using the spoken, written, or printed word, or bodily gestures, signs, or other means. (Prior Code, § 4000.301) (Ord. 15-01, passed 2-17-2015)

No person shall engage in aggressive solicitation in any public place. (Prior Code, § 4000.302) (Ord. 15-01, passed 2-17-2015) Penalty, see § 112.99

(A) Banks and ATMs.

(1) No person shall engage in solicitation within 30 feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within 15 feet of any automated teller machine during the time it is available for customers’ use.

(2) For the purpose of this division (A), the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

AUTOMATED TELLER MACHINE. Any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.

BANK. Any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.

CHECK CASHING BUSINESS. Any person duly licensed as a check seller, bill payer, or prorater pursuant to Cal. Financial Code Division 3, § 12000.

CREDIT UNION. Any federal credit union and any state chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.

SAVINGS AND LOAN ASSOCIATION. Any federal savings and loan association and any “insured institution” as defined in § 401 of the National Housing Act being 12 U.S.C. §§ 1701 to 1750g, as amended, and any federal credit union as defined in § 2 of the Federal Credit Union Act, being 12 U.S.C. § 1752.

(B) Motor vehicles and parking lots and other public places.

(1) Motor vehicles. No person shall approach an operator or occupant of a motor vehicle for the purpose of solicitation while such vehicle is located in any publicly owned parking lot.

(2) Parking lots. No person shall engage in solicitation in any public parking lot or structure any time after dark. AFTER DARK means any time from one-half hour after sunset to one-half hour before sunrise.

(3) Exemptions. This division (B) shall not apply to any of the following:

(a) To solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;

(b) To solicitations related to the lawful towing of a vehicle; or

• (c) To solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.

• (4) Driveways, intersections, and medians. No person shall solicit on a median or within 15 feet of any

intersection of streets and highways, or any driveway leading to a shopping center or to a business.

• (5) Public restrooms. No person shall engage in solicitation inside or within 15 feet of a public restroom.

• (6) Commercial access area. No person shall solicit within ten feet of the entrance to a commercial

establishment. This section shall not apply to any solicitation on private property conducted with the permission of the owner which is in writing or otherwise verifiable.

• (C) Public transportation vehicles and bus stops.

• (1) Public transportation vehicle. No person shall engage in solicitation while in a public transportation vehicle.

• (2) Bus stops. No person shall engage in solicitation at or within 15 feet of a bus stop.

• (3) Definitions. For the purpose of this division (C), the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

BUS STOP. Any posted or otherwise designated location or area that exists on a public transportation vehicle or bus route where public transportation vehicles or buses stop to discharge and take on passengers.

PUBLIC TRANSPORTATION VEHICLE. Any vehicle, including a trailer bus, designed, used, or maintained

for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire.

(Prior Code, § 4000.303) (Ord. 15-01, passed 2-17-2015) Penalty, see § 112.99

No person shall knowingly make a false or fraudulent representation or use false pretenses to obtain a donation. (Prior Code, § 4000.304) (Ord. 15-01, passed 2-17-2015) Penalty, see § 112.99

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

(B) A violation of any of the provisions of §§ 112.40 through 112.44 is punishable as an infraction. At the discretion of the prosecuting entity or agency, a third violation in a six-month period can be prosecuted and punishable as a misdemeanor. Any violation can be prosecuted either in criminal court or through the city’s administrative citation process.

(Prior Code, § 4000.305) (Ord. 15-01, passed 2-17-2015)