La Cañada Flintridge Municipal Code Ch. 6.06 Solicitations

For the purposes of this chapter, the following terms shall have the following meanings:

"City clerk"

shall mean the city of La Cañada Flintridge city clerk and/or his or her designee.

"Solicit" or "solicitation"

means the request, directly or indirectly, for a contribution of money, credit, property, financial assistance or other things of value, for any purpose in any face to face manner, including requests made door to door. These words also mean and include the following methods of obtaining such money, credit, property, financial assistance or other thing of value:

Any verbal or written request;

The local distribution, circulation, posting or publishing of any handbill, written advertisement or other publication unless such handbill or written advertisement has been placed within a business open to the public generally and with the express permission of the owner or lessee of such business; or

The sale of, or taking order for, any goods, services, merchandise, wares or other tangible items.

(Ord. 475 § 2, 2019)

No person shall solicit for any purpose within the city of La Cañada Flintridge without having first obtained:

A. A permit from the city, except that where a solicitation permit has been issued to any applicant, the individual agents and solicitors for such applicant shall not be required to obtain individual permits.

B. A valid business license in accordance with Title 6 of this municipal code.

(Ord. 475 § 2, 2019)

A. The provisions of this chapter shall not apply to solicitations made upon premises owned or occupied by the organization or person on whose behalf such solicitation is made.

B. The provisions of this chapter shall not apply to:

1. Payments required by law to be collected or paid; or

2. Payments to or from governmental agencies; or

3. Solicitations made by an association or its authorized agents and employees to its own members and employees.

(Ord. 475 § 2, 2019)

A. Filing of an Application. An application for a solicitation permit shall be filed with the city at least ten calendar days prior to engaging in solicitation. The city clerk shall, in conformance with the standards set forth in this chapter, either grant, approve or deny the requested permit to conduct solicitation within ten calendar days of the date the application is made.

B. Contents of Application. An application for a solicitation permit shall include the following information, as applicable:

1. If the applicant is not an individual, the applicant's correct legal name, address of its principal office, and the names and addresses and telephone numbers of the applicant's principal officers and executives;

2. The name, address, telephone number of the person or persons who will be in direct charge of conducting the solicitation, and the names of all solicitors connected with, or to be connected with, the proposed solicitation and the photo identification of all such persons. Such photo identification shall be two inches by two inches showing the head and shoulders in a clear and distinguishable manner; or a copy of a photo ID such as a passport or driver's license, for each such person;

3. A description of the method or methods to be used in conducting the solicitation;

4. The time when such solicitation will be made giving the intended dates for the commencement and termination of the solicitation;

5. A statement to the effect that, if a permit is granted, it will not be used or represented in any manner as an endorsement by the city or by any department or officer thereof;

6. An explanation of the reasons why any information required herein is not available if the applicant is unable to provide any of the required information;

7. The application shall be signed by the applicant if the applicant is an individual over the age of 18; by a parent or legal guardian of the applicant if the applicant is an individual under the age of 18; by the managing or general partner if the applicant is a partnership; by an officer, if the applicant is a corporation or an association. Such application shall be signed under the penalty of perjury pursuant to the laws of the State of California;

8. If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy or method that would alter the information set forth in the application, the applicant shall notify the city in writing thereof within 24 hours after such change.

(Ord. 475 § 2, 2019)

A. Issuance of Permit. Upon receipt of an application pursuant to this chapter, the city shall issue a permit for solicitation unless any of the following have been demonstrated:

1. That the applicant has failed to provide the information requested in this section;

2. That any statement made in the application is false;

3. That the applicant has not paid the requisite business license, if any, imposed pursuant to Title 6 of this municipal code.

B. Nothing in this section shall be construed as granting to any city official or employee the authority to grant, deny, revoke, renew or suspend any permit by reason of either approval or disapproval of the philosophy, opinions or beliefs of the applicant, the permittee, or the persons such applicant or permittee represents, or for any other reasons not specifically set forth in this section.

C. Form of Permit. Permits issued under this section shall bear the name and address of the person to whom the permit is issued, the number of the permit, the date issued, the dates within which the permittee may solicit, a statement that the permit does not constitute an endorsement by the city or any of its departments, officers or employees of the purpose of, or of the person conducting, the solicitation.

D. Term of Permits. All permits issued under this section shall be valid for a period of three months unless revoked, suspended or renewed pursuant to the provisions of this chapter.

E. Permit Nontransferable. Any permit issued under this chapter shall not be transferable or assignable.

(Ord. 475 § 2, 2019)

A. All persons conducting solicitations shall obtain an identification card from the city which shall include the permit number, the name and address of the permittee. If applicable, the identification card shall also include a statement describing the permittee's purpose and activity, the signature of the permittee's chief executive officer. The identification card shall also have the name and signature of the solicitor to whom the card is issued, the specific period of time during which the solicitation is authorized, and a statement printed prominently on the card which shall substantially be in the following form: "This identification card is not to be construed as an endorsement of the solicitation by the city of La Cañada Flintridge or any of its departments, officers or employees."

B. Card to be Carried and Displayed. No person shall solicit unless an identification card approved by the city is exhibited or presented for perusal by the person solicited.

C. Repeal or Revocation of Identification Card. If a permit issued pursuant to this section is denied or revoked, all identification cards issued to persons conducting solicitations shall be canceled and such cards shall be returned to the city within 48 hours from the time of receipt of such notification.

D. Identification cards shall be returned to the city upon expiration of the permit, unless renewed pursuant to this chapter.

(Ord. 475 § 2, 2019)

In the event that the city denies the permit, the city clerk within five business days shall notify the applicant by certified mail, stating with specificity the reasons for such denial.

(Ord. 475 § 2, 2019)

A. Grounds for Revocation. A permit shall be revoked if the permit holder or any person soliciting on behalf of the permit holder violates any of the provisions of this code or misrepresents the purpose of the solicitation.

B. Notice—Suspension. Whenever it shall be shown that grounds for revocation exist, the city clerk shall suspend the permit by notifying the permittee of the suspension stating with specificity the reasons for the suspension within two business days by registered or certified mail or by personal service of the notice upon the permittee. Such notification shall become effective on the third calendar day after service by mail of the notice, or immediately upon personal service of the notice.

C. Notice—Revocation Hearing. The suspension notice shall set the matter for hearing before the city clerk within three business days of the effective date of suspension.

D. Revocation. The city clerk shall, based upon the evidence, render a decision within one business day either revoking the permit or ending the suspension and reinstating the permit.

(Ord. 475 § 2, 2019)

If an applicant or permittee is aggrieved by any action to deny or revoke a permit by the city clerk, such applicant or permittee shall have the right to appeal such decision to the city manager. The notice of appeal shall specifically set forth the grounds for the appeal and shall be filed within five calendar days after mailing or personal delivery of a notice of denial or revocation. The city manager shall hear the applicant/permittee or a designated representative, receive relevant information and documents, and act on the appeal within five days of receiving the appeal. The city manager's decision shall be final.

(Ord. 475 § 2, 2019)

Upon the expiration of any solicitation permit, said permit may be renewed within ten calendar days of a written request for renewal if the factual information upon which the original application was granted remains unchanged and no violation of this code has been committed. The city may require a new application subject to the provisions of this code.

(Ord. 475 § 2, 2019)

A. General Requirements.

1. No person shall solicit without a permit and identification card issued pursuant to this chapter.

2. No person shall solicit within the city of La Cañada Flintridge after the permit issued by the city has expired, unless such permit has been renewed.

3. No person shall solicit at any location where there is a sign indicating "No Solicitations," "Do Not Disturb," "No Trespassing" or otherwise indicating that the occupants or owners do not wish to be solicited or have their privacy disturbed.

4. No person shall touch, come into physical contact with, or affix any object to another person without first receiving express permission therefor from such person.

5. No person shall intentionally and deliberately obstruct the free movement of any person on any street, sidewalk or other place, or in any place generally open to the public.

6. No person shall solicit from a captive audience. "Captive audience" shall be defined as purposefully stationary persons, such as persons in line or seated in public areas.

7. No person shall threaten any injury or damage to any person who declines to be solicited.

8. No person shall alter an identification card issued by the city.

9. No person shall, directly or indirectly, solicit from any person by making or causing to be made any misstatement of fact or fraudulent misrepresentation in connection with any solicitation in the city, or in any application or report filed under this section.

10. No person shall solicit in the city for any purpose other than the purpose(s) specified in the application upon which the permit was issued.

B. Hours of Solicitation. It is unlawful for any person to solicit within residential zones and residential usage after six p.m. or earlier than nine a.m., unless such person has been requested or invited to do so by the owner or occupant of said premises. For nonresidential zones (including mixed-use and nonresidential usage), as that term is utilized in Title 11 of this municipal code, it is unlawful for any person to solicit after eight p.m., or earlier than nine a.m., unless such person has been requested or invited to do so by the owner or occupant of said premises. This section shall not be interpreted to grant any person permission to enter upon private property.

(Ord. 475 § 2, 2019)