Lake Forest Municipal Code Ch. 5.16 Peddling, Canvassing, and Solicitation

The City Council finds that persons and organizations have been visiting and continue to visit private residential properties, as well as privately-owned businesses, for the purposes of soliciting or for the peddling of goods, wares, merchandise or services. Some residents and business owners find these activities to be intrusive upon their privacy. The City Council further finds that a variety of misrepresentations and other frauds are at times employed in such activities. As such, the City Council wishes to enact this chapter for the purposes of protecting the privacy of residents and business owners and minimizing fraudulent practices by persons representing themselves as peddlers or solicitors.

(Ord. 167 § 4, 2007)

Except where the context otherwise requires, the definitions given in this section shall govern the construction of this chapter:

"Canvasser"

shall mean any person who engages in canvassing.

"Canvassing"

includes the act of any person, whether a resident of the City or not, traveling by foot, vehicle, or any other type of conveyance, who goes from place to place, from house to house, or from street to street:

Conducting a poll, survey or petition drive (unless such drive is led and/or sponsored by a local, State or Federal governmental body or agency); or

Sharing, communicating or otherwise conveying ideas, views or beliefs; or

Disseminating oral or written information, including, but not limited to, handbills, to a person willing to directly receive such information, whether political, religious, commercial, non-commercial, charitable, or otherwise.

"City"

refers to the City of Lake Forest.

"Handbills"

include any commercial or non-commercial handbill, pamphlet, circular, newspaper, paper, newsletter, booklet, poster, leaflet, brochure or other printed or written materials that have been cast, deposited, placed, scattered or thrown onto the property of a business or residence in the absence of a subscription agreement.

"Peddler"

shall refer to any person who engages in peddling.

"Peddling"

means any person who goes onto the premises of a private residence or business and sells, or offers for sale and delivery, goods or merchandise or services of any kind or description. Peddling shall not include the act of carrying, conveying or transporting milk, dairy products, newspapers or other goods to regular subscription-based customers on established routes.

"Person"

means any individual, firm, partnership, joint venture, association, social club, church, sect, denomination, league, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group acting as a unit.

"Solicitor"

means any person who engages in solicitation.

"Solicitation"

occurs when a solicitor travels by foot, vehicle, or any other conveyance, from place to place, from house to house, or from street to street, requesting money or any other personal or real property controlled by the owner or occupant of the residence or business.

(Ord. 167 § 4, 2007)

A. No person shall enter upon any residence or place of business and ring the doorbell, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of any occupant of such premises, for the purpose of securing an audience with the occupant and engaging in peddling, solicitation or canvassing in defiance of a notice described in Section 5.16.030(B).

B. Notice by the owners or occupants of any residence or place of business of their unwillingness to receive any uninvited peddlers, solicitors, or canvassers shall be given by displaying a weatherproof card, decal, or sign easily seen from the public right-of-way or the normal entryway to a house or dwelling. The notice must be placed upon or near the main entrance door to the residence or place of business and must state: "No Solicitors," or words to that effect, with the letters at least one inch high.

(Ord. 167 § 4, 2007)

A. No person shall engage in solicitation or peddling unless such person obtains a permit from the Chief of Police Services, or his or her designee. Any permit obtained is non-transferable unless used on behalf of an employer, corporation, group or organization as described in Section 5.16.040(B)(5).

B. The application for the permit, as provided by the City, shall contain information about the solicitor or peddler, including:

1. Name and physical description of the applicant;

2. Date of birth, driver's license number or other identification number, and Social Security number;

3. Permanent home address;

4. Local address and telephone number;

5. If employed, the name, address and telephone number of the employer, or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal;

6. A statement as to whether or not the applicant has been convicted of any criminal offense, whether felony or misdemeanor, other than minor traffic violations. As to any such offense, the applicant must provide the date and place of conviction, the nature of the offense, and the punishment or penalty imposed;

7. Proof of possession of any license or permit which, under Federal, State or local laws and regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such laws or regulations, would exempt the applicant from the licensing requirements of this chapter.

C. Upon submission of the application, the applicant shall pay a processing fee as established by resolution of the City Council.

(Ord. 167 § 4, 2007)

A. Persons engaging in the following activities do not need a permit and are exempt from the requirements of Section 5.16.040:

1. Those seeking to obtain contributions or to sell any goods, articles or services of any kind for the support or benefit of any charitable, religious or political purpose; or on behalf of any non-profit association, organization, corporation or project;

2. Those seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter;

3. Those seeking to obtain, from an occupant of any residence or business, an indication of the occupant's belief in regard to any political or religious matter;

4. Those who canvass door-to-door;

5. Those seeking to obtain donations made incidental to canvassing door-to-door on behalf of any charitable, religious or political purpose; or on behalf of any non-profit association, organization, corporation or project.

B. Those solicitors, peddlers and canvassers who are exempt under this section are still required to comply with the requirements set forth in Sections 5.16.030, 5.16.110, and 5.16.120.

(Ord. 167 § 4, 2007; Ord. 247 § 26, 2013)

A. Upon receipt of an application and conclusion of his or her investigation, the Chief of Police Services, or his/her designee, shall issue a permit unless:

1. The applicant made one or more material misstatements in the permit application;

2. The applicant has been convicted, or held liable for, a crime of moral turpitude, or any felony or misdemeanor offense that reasonably and directly indicates a risk to the public;

3. The applicant has had a judgment in an action for fraud, deceit or misrepresentation entered against him or her by any court of competent jurisdiction within 10 years prior to the date of the application;

4. The applicant fails to provide proof of possession of any license or permit which, under Federal, State or local law or regulations, the applicant is required to have in order to conduct the proposed business;

5. The applicant has previously been convicted for violation of any provision of this chapter, or has had any license issued pursuant to this chapter revoked.

B. The Chief of Police Services, or his/her designee, shall notify in writing the applicant of the granting or denial of his or her permit within 10 days of the applicant's submission of his or her application. Sufficient notice shall be given if mailed or delivered to the permittee at the address listed on the application.

C. If granted, the permit shall expire within six months of the date of issuance. If denied, the Chief of Police Services' decision may be appealed in accordance with Section 5.16.070.

(Ord. 167 § 4, 2007)

A. Upon determining that grounds for permit denial or revocation exist, as set forth in Sections 5.16.060 and/or 5.16.080, the Chief of Police Services shall furnish written notice of the proposed denial or revocation to the applicant. Such notice shall summarize the principal reasons for the proposed denial or revocation; shall state that the applicant may request a hearing within 15 calendar days of the postmarked date on the notice; and shall be delivered by sending the notice by certified mail, postage prepaid, addressed to the applicant as that name and address appear on the application. Within 15 calendar days after the date of the mailing or posting of the notice, the applicant or permittee may file a request for hearing with the Chief of Police Services. If the request for a hearing is timely made, the Chief of Police Services shall transmit the request to the City Manager, and the hearing shall be provided.

B. Upon receipt of a written request for a hearing, the City Manager shall conduct a hearing within 45 calendar days of the filing of such request by the applicant. Notice of time and place of the hearing shall be given to the applicant by personal service or via certified mail, postage prepaid, at least 15 calendar days in advance of the date set for the public hearing. At the hearing, the applicant and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath.

C. At the conclusion of the hearing, the City Manager shall decide whether the grounds for denial or revocation exist and shall submit a written report to the Chief of Police Services. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Chief of Police Services regarding whether the permit is to be issued or revoked. All such reports shall be filed with the City Clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the applicant within one day after it is filed with the City Clerk.

If the City Manager determines that any grounds for revocation or suspension exist, as provided in Sections 5.16.060 and/or 5.16.080 of this chapter, the Chief of Police Services, based upon the report of the City Manager or, if no hearing was requested by the permittee or applicant, based upon the report of the City staff and/or the Chief of Police Services, shall immediately deny or revoke the appropriate permit. The decision of the City Manager shall be appealable in accordance with the procedures set forth in Chapter 1.12 of this Code, and the Chief of Police Services shall stay the denial or revocation of the permit pending resolution of the appeal.

(Ord. 167 § 4, 2007)

A. A permit issued under this chapter may be subject to a revocation hearing if the Chief of Police Services, or his/her designee, finds any of the following:

1. Fraud, misrepresentation or false statement contained in the application for permit;

2. Fraud, misrepresentation or false statement made in the course of carrying on the business of the peddler or solicitor;

3. Any violation of this chapter;

4. Conviction of any crime or misdemeanor involving moral turpitude;

5. Conducting the business of soliciting or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

B. If the Chief of Police Services, or his/her designee, finds that a permit holder's activity is a public health risk, or subjects any individual, or the community, to imminent danger, he or she may suspend the permit, effective immediately, prior to any revocation hearing.

C. In the event that the Chief of Police Services, or his/her designee, suspends the permit according to Section 5.16.080(B) or determines that grounds exist to warrant the revocation of a permit issued under this chapter, a hearing on such determination will be held in accordance with Section 5.16.070 and the applicant shall have all appeal rights as set forth in that section.

(Ord. 167 § 4, 2007)

A. Every person, when acting as a solicitor or peddler, shall carry a photo identification showing the person's name and permanent address. In addition, the solicitor or peddler must carry a copy of a valid permit, if applicable, obtained pursuant to Section 5.16.040.

B. If acting on behalf of an employer, corporation, group or organization, the solicitor or peddler shall carry written authorization by such third party and a copy of the permit issued to such third party.

C. Permits, identification and authorizations shall be presented upon request by any person approached by the solicitor or peddler for the purposes of soliciting or peddling, and to any law enforcement or City official.

(Ord. 167 § 4, 2007)

The performance by a solicitor, canvasser or peddler of any of the following acts shall constitute a violation of this chapter:

A. No person shall represent in any manner that the City, or its departments or officers, have endorsed the permit holder or the products, services or causes on behalf of which individuals are being solicited, peddled or canvassed without the written consent of the City Manager.

B. No person shall affix any object to, or place any object on, the body of any individual to whom any solicitation, peddling or canvassing is directed without that individual's express consent.

C. No person shall touch, brush up against, or otherwise voluntarily come into physical contact with any person without that person's express consent.

D. No person shall willfully obstruct the movement of any person on any street, sidewalk or other public place.

E. No person shall solicit, peddle or canvass any person that has objected, by words or conduct, to such soliciting, canvassing or peddling.

F. No person shall represent in any manner that the soliciting or peddling is conducted for anyone other than the permit holder.

G. No person shall refuse to identify the permit holder on whose behalf the soliciting or peddling is being conducted when requested to do so by any person contacted by the solicitor or peddler, or fail to truthfully state the uses to which any solicited items will be put when requested to do so by any person being solicited.

H. No person shall threaten any injury or damage to any individual who declines to be subject to any soliciting, peddling or canvassing or who declines to make a purchase, donation or contribution.

I. No person shall accept food stamps as a contribution.

J. No person shall, directly or indirectly, solicit, peddle or canvass for any purpose by misrepresentation of his or her name, occupation, financial condition, social condition, physical or mental health, or residence, and no person shall make or perpetrate any misstatement, deception or fraud in connection with any soliciting, peddling or canvassing for any purpose in the City.

(Ord. 167 § 4, 2007)

No person shall go upon any residential premises and ring the doorbell, or rap or knock on the door, or create any sound in a manner calculated to attract the attention of the occupant of the residence for the purpose of engaging in or attempting to solicit or peddle before 8:00 a.m. or after 8:00 p.m. (Pacific Standard Time) on Monday through Saturday, or any time of day or night on Sunday or any State or Federal holiday.

(Ord. 167 § 4, 2007)

A. Every person who engages in soliciting or peddling within the City shall maintain a system of accounting whereby written records are kept of all monies collected during the permitted solicitation or peddling activities.

B. Solicitors for charitable purposes must also keep a written record detailing what percentage of the donations collected during the solicitation, including real or personal property, goes toward the charity. This record must be made available, upon request, to the City, or to any resident or business owner who inquires about it.

(Ord. 167 § 4, 2007)

A. It shall be the duty of the Chief of Police Services, or his/her designee, to investigate any complaints of violations of this chapter and to enforce its provisions contained herein.

B. Engaging in solicitation or peddling without having first acquired a permit, if required, or soliciting, peddling or canvassing while failing to comply with any applicable regulation in this chapter constitutes a violation of this chapter. The solicitor, peddler or canvasser will be charged with a separate violation for each day in which he/she continues to practice or engage in the activity.

(Ord. 167 § 4, 2007)