Lafayette Municipal Code Ch. 4-4 Peddlers, Solicitors and Canvassers

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Editor's note— The City of Lafayette Ord. No. 131, adopted Feb. 24, 1975 adopted by reference Ch. 56-4, Arts. 56-4.202—56-4.1206 inclusive of Title 5 of the Contra Costa Code which pertained to solicitors and peddlers. Ord. No. 579, § 1, adopted Jan. 26, 2009, repealed Ch. 56-4, Arts. 56-4.202—56-4.1206 inclusive of Title 5 of the Contra Costa Code and enacted the following provisions.

(a) This chapter is based on the following findings:

(1) Unregulated door-to-door peddling and soliciting constitutes a serious concern for the City of Lafayette.

(2) The goal of protecting residents from fraud and crime and thereby promoting the safety and privacy of residences within the city is a legitimate, urgent, and substantial governmental objective.

(3) The city has a legitimate interest in preventing fraudulent or criminal activities which may result from unregulated peddling and soliciting.

(4) The city has a legitimate interest in protecting its residents' privacy by preventing unwanted peddling, soliciting and canvassing which is forced upon them.

(5) The city has a legitimate interest in protecting its residents' safety and privacy by reasonably limiting the hours of soliciting, peddling and canvassing and requiring permits in a content neutral manner.

(6) All of these goals may properly be served by this narrowly tailored regulation which requires peddlers and solicitors to obtain a permit prior to engaging in any peddling or soliciting within the city, reasonably limits the hours of activities, and prohibits peddling, soliciting and canvassing of occupants on property where residents have posted a sign prohibiting such activities which complies with this chapter.

(b) The purpose of this chapter is to balance First Amendment rights and the health, safety and welfare of the City of Lafayette and its residents.

(Ord. No. 575, § 2, 7-28-2008)

For purposes of this chapter, the following definitions shall apply.

(a) "Peddling" includes the act of any person, whether a resident of the city or not, traveling by foot, vehicle, or any other type of conveyance, from door to door, place to place, house to house, or street to street, carrying, conveying, or transporting goods, wares, merchandise, other personal property of any nature or services in which the person deals. A person who engages in the act of peddling shall be referred to as a "peddler."

(b) "Soliciting" includes the act of any person, whether a resident of the city or not, traveling by foot, vehicle, or any other type of conveyance, from door to door, place to place, house to house, or street to street, requesting directly or indirectly, money, credit, personal property, or other thing of value or taking or attempting to take orders for the sale of goods, wares and merchandise, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future. A person who engages in the act of solicitation shall be referred to as a "solicitor."

(c) "Canvassing" includes the act of any person, other than a peddler or a solicitor, whether a resident of the city or not, traveling by foot, vehicle, or any other type of conveyance, who goes from door to door, place to place, house to house, or street to street conducting a poll, survey, or petition drive, or sharing, communicating or otherwise conveying ideas, views or beliefs, or disseminating oral or written information to a person willing to directly receive such information, whether political, religious, commercial, non-commercial, charitable or otherwise. A person who engages in the act of canvassing shall be referred to as a "canvasser."

(d) "Handbilling" includes the act of any person who casts, deposits, places, scatters or throws any commercial or noncommercial handbill, pamphlet, circular, newspaper, paper, booklet, poster, leaflet, or other printed matter onto the property of a business or residence in the absence of a subscription agreement.

(e) "Person" shall mean any individual, group, firm, partnership, corporation, joint venture, company, club, association, religious organization, sect, denomination, society, league, and any other organization.

(f) "Police department" shall mean the Lafayette Police Department.

(g) "Local non-profit" shall mean a non-profit 501(c)(3) corporation organized and operated exclusively for educational purposes, which is located and operated within Lafayette, Moraga and/or Orinda.

(h) "Group permit" means a permit issued to a local non-profit allowing the members of the local non-profit to peddle or solicit as described in subsections 4-402(a) or 4-402(b), without each member having a permit issued from the city pursuant to this chapter.

(Ord. No. 575, § 2, 7-28-2008; Ord. No. 605, § 1, 3-26-2012)

(a) It is unlawful for any person to peddle or solicit as described in subsections 4-402(a) or 4-402(b) without having a permit from the city issued pursuant to this chapter that is valid, unrevoked and in effect at all times. Such permit shall not be transferred to any person or used by any person other than the person named in and issued the permit.

(b) Notwithstanding the foregoing, the police department may issue a group permit to a local non-profit who submits an application , along with all information required by the police department to verify that the local non-profit meets the definition of a local non-profit set forth in section 4-402 and the accuracy of the information set forth in the application, one group permit, for the cost of an individual permit. In its application for a group permit, the local non-profit shall provide the name, address and phone number of the designated member of the local non-profit who shall serve as the local non-profit's representative in all dealings with the city or police department that concern the group permit. The police department shall issue the permit to the representative and the representative shall be authorized to act on behalf of the local non-profit in addressing any concerns that the city or police department may have regarding the local non-profit's actions, and representing the local non-profit in the event of suspension or revocation of the permit.

(Ord. No. 575, § 2, 7-28-2008; Ord. No. 605, § 2, 3-26-2012)

Every solicitor or peddler, at all times while engaged in soliciting or peddling shall wear a driver's license or other valid photo identification card, showing such peddler or solicitor's name and permanent address, and the permit issued to him or her by the police department pursuant to this chapter, and when so soliciting or peddling shall display the same upon demand of any police officer of the city and upon demand of any person to whom he or she is soliciting or peddling. No person issued a permit shall alter, remove, or obliterate any entry made upon such permit, or deface such permit in any way.

(Ord. No. 575, § 2, 7-28-2008)

(a) An application for a peddlers and solicitors permit pursuant to this chapter shall be made to the Lafayette police department on a form provided by the police department, signed under penalty of perjury and accompanied by a fee as set by resolution of the city council which shall not exceed the actual cost of processing the application. Such application shall be filed with the police department. The police department shall verify the accuracy of the information set forth in the application and shall deny the permit if the application contains false information; if the applicant has ever been convicted of any felony; if the applicant has ever been convicted of any misdemeanor involving theft, violence, drugs, crimes of a sexual nature or acts of a trespassing nature; or if the entity on whose behalf the applicant will be peddling or soliciting, where applicable, has previously been found to have engaged in fraudulent business practices. Otherwise, the permit shall be issued no more than five business days following the police department's receipt of a completed application accompanied by the application fee.

(b) The application required in this chapter shall contain all of the following information:

(1) Name and birth date of the applicant;

(2) Permanent home address and local address of the applicant;

(3) The name and address of the person by whom the applicant is employed, if applicable;

(4) A brief description of the nature of the applicant's business and goods to be sold and the location and premises where the activity will be conducted;

(5) The length of time applicant has engaged in such business and the dates and places he has been engaged therein during the preceding five years;

(6) Statement as to whether or not the applicant holds a state license for such sales, and if so, copy of sales tax certificate issued by state and sales tax number;

(7) Statement setting forth the dates of permits granted to the applicant by the city for the preceding five years;

(8) Statement whether or not the applicant or any person financially interested in the business has ever been convicted of any felony; convicted of any misdemeanor involving theft, violence, drugs, crimes of a sexual nature, or acts of a trespassing nature; or of a violation of a local agency ordinance, and if so, the nature of the offense, the date of such conviction and the sentence imposed, if any, and the court in which each conviction and sentence was entered;

(9) Statement whether or not the business on whose behalf applicant will be peddling or soliciting has ever been found to have engaged in fraudulent business practices.

(c) All such applications shall be accompanied by the fee established by the city council. The application fee is not refundable.

(d) If while such application is pending, or during the term of any permit granted pursuant to this chapter, there is any change in fact that would alter the information given in the application, the applicant shall notify the police department in writing within 24 hours of such change. Such change in fact may constitute grounds for revocation.

(e) Such permit shall be valid for not more than 180 days following the date of issuance unless earlier revoked pursuant to this chapter.

(f) The permit shall bear the name and address of the person by whom the solicitation or sale is to be made, the number of the permit, the date of issuance and expiration, and the kind of goods or services to be peddled or solicited pursuant to such permit, together with 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 the person conducting the solicitation or sale.

(Ord. No. 575, § 2, 7-28-2008)

(a) Any permit applied for or issued pursuant to this chapter may be denied or revoked at any time by the police department for any of the following reasons:

(1) Fraud, misrepresentation or false statement contained in the application for a permit;

(2) Fraud, misrepresentation or false statement contained in the course of carrying on the activity authorized by such permit;

(3) Violation of any provision of this chapter;

(4) Conducting the activity authorized by the permit in an unlawful manner, or in such a manner as to cause a breach of the peace or as to constitute a menace to the health, safety, or general welfare of the public;

(5) Conviction of any felony; conviction of or any misdemeanor involving theft, violence, drugs, crimes of a sexual nature, or of a trespassing nature; or finding of fact that if known would have prevented the initial issuance of the permit; or

(6) Failure to pay any judgment arising from or connected with the activities authorized by the permit.

(b) The police department shall give written notice of the suspension or revocation of the permit to the permittee either in person or by mail at the address listed on the permittee's application.

(Ord. No. 575, § 2, 7-28-2008)

Any person aggrieved by any action of the city or police department pursuant to this chapter or who wishes to challenge the decision of the police department on any permit application including but not limited to the police department's decision to issue or deny a permit shall file a letter of appeal with the city clerk within ten days of the aggrieving action. The letter shall be addressed to the city council, shall set forth the grounds for the appeal and shall be accompanied by permittee's appeal fee as established by resolution of the city council. The city council shall set the time and place for hearing such appeal, and written notice of such time and place shall by given to the applicant by the city clerk either in person or by mail at the address listed in the permittee's application at least ten days prior to the date set for the hearing at which hearing the applicant will present his case and any other interested person may present testimony for or against the applicant.

(Ord. No. 575, § 2, 7-28-2008)

(a) At the time and place specified in the notice, or at such later time to which the hearing may be continued, the city council shall hear the appeal.

(b) The applicant has the burden of presenting all necessary evidence from which findings required by this section may be made. The city council may order a permit be issued to the applicant if it finds that all of the following conditions are satisfied:

(1) The application has been fully, accurately, and truthfully completed;

(2) The applicant has not been convicted of any felony; and the applicant has not been convicted of any misdemeanor involving theft, violence, drugs, crimes of a sexual nature, or of a trespassing nature;

(3) The business for which the applicant proposes to peddle or solicit has never been found to have engaged in fraudulent business practices;

(4) Neither the applicant nor his operation is likely to be injurious to the public welfare; and

(5) All applicable laws and ordinances are complied with.

(c) If the city council does not make all of these findings, it shall deny the appeal. The decision of the city council is final.

(d) The city council may impose reasonable conditions on the issuance of a permit which is granted upon appeal.

(Ord. No. 575, § 2, 7-28-2008)

(a) No peddler, solicitor, or canvasser shall ring the bell of, or knock on the door of, or attempt to gain admittance to any residential property, or contact or attempt to contact any occupant of any house or dwelling, where there is posted, affixed or otherwise displayed, in letters not less than one inch in height and clearly visible from the public right-of-way or normal entryway to such house or dwelling, a sign prohibiting such soliciting, peddling or canvassing.

(b) No peddler or solicitor shall attempt to peddle or solicit on any private commercial property, including those normally open to the general public, where there is posted at all entrances thereto, in letters not less than one inch in height, and clearly visible to persons entering, a sign or placard prohibiting such soliciting or peddling.

(Ord. No. 575, § 2, 7-28-2008)

No person shall engage in any act of peddling, soliciting, or canvassing between the hours of 6 p.m. and 9 a.m. local time, except by appointment.

(Ord. No. 575, § 2, 7-28-2008)

Every person who engages in soliciting or peddling shall maintain a system of accounting whereby all monies collected by such person are entered upon the books or records of such person.

(Ord. No. 575, § 2, 7-28-2008)

(a) The provisions of Section 4-403 shall not apply to the act of carrying, conveying, delivering or transporting milk, dairy products, newspapers or other goods to regular customers on established routes, to solicitation at wholesale or business premises within the city, or to charitable or religious solicitations that are conducted solely by members of said charity or religion at regular assemblies, meetings or services.

(b) The provisions of Section 4-403 shall not apply to persons age 15 and under. These persons shall remain subject to all other applicable regulations set forth in this chapter.

(c) Nothing in this chapter shall prohibit persons from distributing handbills door-to-door within the city without a permit, subject to the regulations set forth in this chapter. However, any act of handbilling shall comply with any regulation the city may from time to time adopt relating to the distribution of handbills.

(d) Nothing in this chapter shall prohibit persons from canvassing door-to-door within the city without a permit, subject to the regulations set forth in this chapter. Additionally, solicitation of donations made incidental to such canvassing is excluded from the permit requirements of this chapter.

(Ord. No. 575, § 2, 7-28-2008)

Engaging in or practicing any activity described in subsections 4-402(a) or 4-402(b) without first having procured a permit to do so, or engaging in or practicing any activity described in subsections 4-402(a), 4-402(b) or 4-402(c) without complying with any and all regulations of such activity contained in this chapter, constitutes a nuisance and a separate violation of this chapter for each and every act that is engaged in or carried on in violation of this chapter. In addition, any person who violates the provisions of this chapter shall be deemed guilty of an infraction for the first violation and a misdemeanor for each subsequent violation thereafter, and shall be subject to penalty as set forth in Section 1-302 of this Code.

(Ord. No. 575, § 2, 7-28-2008)

It shall be the duty of the police department to investigate any complaints of violations of this chapter and to enforce the provisions of this chapter.

(Ord. No. 575, § 2, 7-28-2008)