La Puente Municipal Code Ch. 5.46 Solicitation

Sections:

• 5.46.010 Purpose.

• 5.46.020 Permit required.

• 5.46.030 Definitions.

• 5.46.040 Identification required.

• 5.46.050 Exemptions.

• 5.46.060 Application procedures.

• 5.46.070 Issuance and term of permit.

• 5.46.080 Suspension or revocation of permit.

• 5.46.090 Appeal.

• 5.46.100 Renewal.

• 5.46.110 Manner of solicitation.

• 5.46.120 Time of solicitation.

• 5.46.130 Effect on other ordinances.

• 5.46.140 Additional grounds for modification, revocation or suspension of permit.

• 5.46.150 Penalty for violations.

The purpose of this chapter is to mitigate the negative impacts generated by unregulated soliciting. These negative impacts include, but are not limited to: (i) invasion of the personal privacy of potential customers or donors; (ii) intimidation and assault of unwilling customers or donors; and (iii) an increased risk of vehicle accidents and personal injury when soliciting from or to people in motor vehicles.

(Ord. 788 § 26 (part), 1999)

No person shall promote, engage in, conduct or carry on solicitation without a permit issued pursuant to Chapter 5.08 of this title. If any of the provisions of Chapter 5.08 of this title conflict with the provisions of this chapter, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. 788 § 26 (part), 1999)

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

“Captive audience” means one or more purposefully stationary persons, such as persons in lines or seated in public areas.

“Charitable” means and includes the words patriotic, philanthropic, social services, welfare, benevolent, educational, religious, civic or fraternal, either actual or purported.

“City” means the city of La Puente.

“Contribution” means and includes alms, food, clothing, money, or property, subscription or pledge, and it also means and includes donations under the guise of loans of money or property.

“Director” means the community development director or his or her designee.

“Person” means any individual, firm, business, partnership, corporation, cooperative, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, solicitor, or other similar representative thereof.

"Solicit" and "solicitation" mean those activities of a person not having a regularly established place of business or permanent residence in the city engaged in the business of taking orders for the sale of any goods, wares, or merchandise, magazines, papers, periodicals or other form of occupation or business involving canvassing and taking orders from house to house or place to place, or upon the streets and public places within the city. Activities listed under Section 5.46.050 are exempt from this definition.

"Street or highway" means all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks and public ways.

(Ord. 826 § 2, 2004: Ord. 788 § 26 (part), 1999)

No person shall solicit within the city without first having applied for and been granted a permit from the director. The individual agents and solicitors for each applicant shall not be required to obtain individual permits, provided a separate copy of the permit is in the possession of each individual agent and/or solicitor when soliciting as well as an identification card provided by the applicant.

(Ord. 788 § 26 (part), 1999)

The provisions of this chapter shall not apply to the following:

(a) Solicitations made upon premises owned or occupied by the organization or person on whose behalf such solicitation is made;

(b) Payments required by law to be collected or paid;

(c) Payments to or for governmental agencies;

(d) Solicitations made by an association or its authorized agents and employees to its own members and employees;

(e) Solicitations made by telephone;

(f) Persons customarily calling only on businesses or institutions for the purposes of selling products for resale or business or institutional uses;

(g) The distribution of items or printed materials for which consideration has been paid by the person receiving such items or materials.

(Ord. 788 § 26 (part), 1999)

(a) Filing an Application. An application for a permit shall be filed with the director not less than five business days prior to the commencement of soliciting activities. Upon the filing of an application, the director shall, within five business days of the date the application is made, grant or deny the requested permit pursuant to the standards set forth in this chapter. In the event the director fails to act upon an application within the time presented herein, the permit shall be deemed granted.

(b) Contents of an Application. An application for a permit shall include the following information:

(1) If the applicant is an individual, the applicant’s correct legal name, driver’s license number and state issuing driver’s license, date of birth, resident address, and telephone number;

(2) If the applicant is not an individual, the applicant’s correct legal name, taxpayer identification number (if applicable), address of its principal office, and the names, addresses and telephone numbers of the applicant’s principal officers and executives;

(3) The name, address and telephone number of the person or persons who will be in direct charge of conducting the solicitation;

(4) The names and general description of all fund raisers or solicitors who are or will be conducting solicitation activities within the city;

(5) A description of the method or methods to be used in conducting the solicitation and the locations in the city where the solicitation is to be conducted;

(6) The time when such solicitation will be made, giving the intended dates and hours of day for the commencement and termination of the solicitations, if specifically known, or, in the alternative, a statement that soliciting will take place within the hours provided for by this chapter;

(7) 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;

(8) The signature of the applicant if the applicant is an individual, of the managing general partner if the applicant is a partnership, or of an officer authorized to bind the applicant if the applicant is a corporation or an association;

(9) The applicant’s city business license identification number, if applicable; and

(10) If the applicant is unable to provide any element of the required information, an explanation of the reasons why any information required herein is not available must be provided.

(Ord. 788 § 26 (part), 1999)

(a) Issuance of Permit. The director shall issue a permit for solicitation unless any one or more of the following have been demonstrated:

(1) The applicant failed to provide all information required pursuant to this chapter and failed to provide an explanation for such omission.

(2) Any material statement or representation made in the application is false.

(b) Authority of Director. Nothing in this section shall be construed as granting to the director, or to any other person, the discretion or 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, or of the person such applicant represents, or for any other reasons not specifically set forth in this section.

(c) Form of Permit. Permits issued under this chapter shall bear the name and address of the person or organization to whom the permit is issued, the number of the permit, the date issued, the dates within which the applicant may solicit, and a statement that the authorization 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. All permits must be signed by the director. A copy of the provisions of this chapter shall be provided to the applicant, upon request, at the applicant’s expense.

(d) Term of Permit. All permits issued by the city shall be valid for a period of one month from the date of issuance unless revoked, suspended or renewed pursuant to the provisions of this chapter.

(Ord. 788 § 26 (part), 1999)

(a) Grounds for Revocation. A permit may be revoked by the director if the holder or any person soliciting on behalf of the holder violates any of the provisions of this chapter.

(b) Notice—Revocation. Whenever it shall be shown that grounds for revocation exist, the director shall suspend the permit by issuing the holder notice of the suspension, stating specifically the reasons for the suspension. Such notice shall be provided by registered or certified mail or by personal service of the notice upon the person. The suspension shall become effective on the third calendar day after service by mail of the suspension notice, or immediately upon personal service of the notice.

(c) Notification of the Sheriff’s Department. The director shall immediately notify the Los Angeles County sheriff’s department of the suspension or revocation of any permit issued under this chapter.

(Ord. 788 § 26 (part), 1999)

Any applicant or holder who is aggrieved by any action by the director to deny, suspend or revoke a permit shall have the right to appeal such decision to the city manager. The appeal shall be made in writing, shall be filed within five business days after mailing or personal delivery of a notice of denial or revocation, and shall set forth the specific grounds for the appeal. The city manager, or the city manager’s designee, shall hear the aggrieved person or designated representative, receive relevant information and documents, and act on the appeal within three business days of receiving the appeal. The city manager’s decision shall be final.

(Ord. 788 § 26 (part), 1999)

A permit shall be renewed within five business days of a written request for renewal by the holder or the holder’s authorized representative if the factual information upon which the original application was granted remains unchanged and no violation of this chapter has been committed. In the event a violation has occurred, or if the factual information upon which the original application was granted has changed, a new application must be submitted.

(Ord. 788 § 26 (part), 1999)

(a) No person shall solicit at any dwelling, including, but not limited to, a house, apartment, mobilehome, or condominium, where there is displayed a sign indicating “No Solicitations,” “Do Not Disturb” or any other indication in writing on a sign which indicates that the occupants do not wish to be solicited or in any other way have their privacy disturbed.

(b) No person shall touch, come into physical contact with, or affix any object to any member of the public, without first receiving express permission therefore from such member of the public.

(c) No person shall persistently and importunately solicit any member of the public after such member of the public expresses his or her desire not to be solicited.

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

(e) No person shall solicit from a captive audience.

(f) No person shall threaten any injury or damage to any member of the public who declines to be solicited if such threat, whether by word or gesture, would make a reasonable person fearful.

(g) No person shall accept food stamps as a contribution.

(h) No person shall misrepresent his or her physical or mental health while soliciting.

(i) No person shall, while an occupant of a temporarily standing or moving vehicle on a street or highway, hire or attempt to hire for employment another person or persons.

(j) No person shall solicit or attempt to solicit from any public street, sidewalk, alley, or other public property to the occupants of vehicles standing or moving upon any public street or highway. Nothing in this paragraph shall be construed to prohibit solicitation of the occupants of any vehicle that is lawfully parked.

(k) No person shall refuse to show his or her permit or identification card when the member of the public being solicited asks to see the permit or the identification.

(Ord. 788 § 26 (part), 1999)

No person shall ring the doorbell or knock at the door of any residence, dwelling or apartment for the purposes of solicitation from nine p.m. until seven a.m. of the following day.

(Ord. 788 § 26 (part), 1999)

Persons required to obtain a permit under this chapter shall not be relieved from complying with any other provision of this code, including, but not limited to, Chapter 5.04 of this title, and shall remain subject to the regulatory provisions of other chapters. Nothing contained in this chapter shall be interpreted or enforced in such a manner as to constitute an increase in the tax currently imposed by Section 5.04.630 of this title.

(Ord. 788 § 26 (part), 1999)

In addition to the grounds set forth in Section 5.08.110(a) of this title, a permit issued to a solicitor may be modified, suspended or revoked if the permittee violates any of the provisions of this chapter on two separate occasions within a twelve-month period.

(Ord. 788 § 26 (part), 1999)

Any person who violates any provision of this chapter shall be guilty of an infraction for the first violation, and of a misdemeanor for each subsequent violation.

(Ord. 788 § 26 (part), 1999)