Lemoore Municipal Code Ch. 7 Peddlers, Solicitors and Transient Merchants 1

The words and terms used in this chapter shall be defined as follows:

APPLICANT: The person applying to the Chief of Police for a registration card.

COMMERCIAL SOLICITATION: Solicitation related primarily to an economic transaction, such as the exchange of goods or services for a financial fee or cost. This definition shall automatically incorporate court rulings defining the terms "commercial speech" and "commercial solicitation." This definition shall also include solicitation by for-profit entities that solicit funds on behalf of nonprofit entities, when such for-profit entities are paid for solicitation on the nonprofit entity's behalf, or retain any portion of funds raised on a nonprofit entity's behalf.

HANDBILL: Any document or written matter such as a circular, leaflet, or pamphlet which advertises, promotes or informs of a product, business, service, event, commercial enterprise or any noncommercial activity, event, organization or purpose.

NEWSPAPER: Includes any newspaper of general circulation as defined by State law, any newspaper duly entered with the U.S. Postal Service in accordance with Federal statute or regulation and shall include any periodical or current magazine regularly published with not less than four issues per month and sold to the public.

NONCOMMERCIAL SOLICITATION: Religious and political contacts, and solicitation not primarily commercial in nature, and not primarily related to an economic transaction such as the exchange of goods or services for a financial fee or cost. Non-commercial solicitation may include solicitation of monetary or non-monetary donations to nonprofit entities, when such solicitation is not conducted by a for-profit entity that is paid for solicitation on the nonprofit entity's behalf, or that retains any portion of the funds solicited on behalf of the nonprofit entity.

PEDDLER: A person who goes from place to place selling items.

POLICE DEPARTMENT: The Lemoore Police Department.

PUBLIC PLACE: Includes all publicly owned and maintained streets, sidewalks, alleys, parks, grounds and buildings.

REGISTRATION CARD: The card which authorizes a person to engage in solicitation.

RESIDENTIAL PROPERTY: Any dwelling, house, building or other structure designed or used in whole or in part for residential purposes and shall include any yard, walkway or driveway appurtenant to the structure.

SOLICIT AND SOLICITATION: A request for, or offer of, money, services, opinion, support, information or property.

SOLICITOR: An individual who solicits. (Ord. 2025-03, 1-6-2026)

A. Nuisance Declared: The practice of going in and upon private residences in the City by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residence, for the purpose of soliciting orders for the sale of goods, wares and merchandise, and/or for the purpose of disposing of and/or peddling or hawking the same is hereby declared to be a nuisance and punishable as such nuisance as a misdemeanor. (1975 Code §4-3.01)

B. Enforcement: The Chief of Police and police force of the City are hereby required and directed to suppress the same and to abate any such nuisance as is described in subsection A of this Section. (1975 Code §4-3.02)

C. Penalties: Any person convicted of perpetrating a nuisance as described and prohibited in subsection A hereof, upon conviction thereof, shall be fined a sum of not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00) together with costs of proceedings, which said fine may be satisfied, if not paid in cash, by execution against the person of anyone convicted of committing the misdemeanor herein prohibited. (1975 Code §4-3.03; amd. Ord. 2025-03, 1-6-2026)

The following are exempt from the provisions of this chapter:

A. Any organization's solicitation of its members.

B. Solicitation on premises owned or controlled by the solicitor.

C. Solicitation which is subject to disclosure under State or Federal political disclosure laws.

D. The issuance of any announcement or advertisement that such solicitation as described in subsection (A), (B), or (C) of this section will occur or which announces or advertises an event at which unannounced solicitation as described in subsection (A), (B), or (C) of this section occurs.

E. Newspapers or magazines that have not been contacted by owners or occupants of property and instructed not to deliver such materials to that property or dwelling unit.

F. Electronic solicitation, direct solicitation through United States mail or conducted solely by means of radio or television broadcasts.

G. Any person who is engaged in, or acting as an agent for, any business entitled to an exemption from local taxation by reason of its being engaged in interstate commerce shall be required to make application for a registration card in accordance with the requirements of this chapter, but shall be exempt from any fee upon satisfactory evidence being presented to the Chief of Police of his/her right to an exemption.

H. Solicitors under the age of eighteen (18). (Ord. 2025-03, 1-6-2026)

No application for a peddler's license under the provisions of this Title shall be acted upon or any such license issued without referring such application first to the Chief of Police for investigation and fingerprinting report in order to protect the public peace, health and safety; and no business license shall be issued to any such peddler until the Chief of Police shall have first endorsed his approval thereon in writing. (1975 Code §5-1.17)

No person shall engage in commercial solicitation in the City of Lemoore without first applying for, and receiving, a registration card. Multiple registration cards may be issued pursuant to a single application for all solicitors engaged in commercial solicitation on behalf of, and under the immediate direction and control of, the applicant. Commercial solicitors shall carry registration cards on their persons at all times while soliciting and shall display the registration card upon request of any person being solicited or anyone authorized to enforce this Code.

The Chief of Police has no authority to, and shall not, grant, deny, suspend, revoke or refuse to renew any registration card by reason of disapproval or disagreement with the philosophy, opinion, or belief of the card holder.

A. At least ten (10) days prior to the date the applicant intends to engage in commercial solicitation, an application for a registration card shall be made to the Police Department on forms supplied by the City. The Police Department may, for good cause shown, allow the filing of an application less than ten (10) days prior to the date the card is requested.

B. The application shall contain the following information:

1. The full name, mailing address, principal business or residential address and telephone number, and the nature of the relationship between the applicant and the card holder, including whether the applicant is a volunteer, a paid officer or employee, an independent contractor, or an agent of the card holder.

2. Written authorization of permission to solicit from any person or organization for which the applicant intends to solicit.

3. Where applicable, documentation from the State that the cardholder is in compliance with California Government Code Section 12599.

4. If the applicant is:

a. An individual, the application shall state the full name, mailing address and principal business or residential address and telephone number.

b. A partnership, the application shall state the full name, mailing address, and principal business or residential address and telephone number of each partner. However, if there are more than ten (10) principal partners, only the ten (10) principal partners need to be listed.

c. A corporation, the application shall state whether it is organized under the laws of California or is a foreign corporation and, if a foreign corporation, the place of incorporation, the full name, mailing address, and principal business or residential address, the State Corporation or Federal Employer Identification Number, and telephone number of the individual in charge of the local office of the corporation and of three principal officers or directors of the corporation;

d. An association, the application shall state mailing address, principal business or residential address, State Corporation or Federal Employer Identification Number, and telephone number of the association and the full name, mailing address, principal business or residential address and telephone number of three (3) principal members of the association. If the association is part of a multistate association, the mailing address and principal business or residential address and telephone number of its central office shall also be given.

5. The full name, mailing address, principal business or residential address and telephone number of each individual who will be in charge of supervising the solicitation.

6. The full name of each individual who will be soliciting on behalf of the card holder.

7. The time during the day when the solicitation will be made and the dates for the commencement and termination of the solicitation.

8. A general outline of the method or methods to be used in conducting the solicitation, including the number of solicitors to be used.

9. A statement that the registration card will not be used or represented in any way as an endorsement by the City or any department, officer, or employee thereof.

C. If, while the application is pending or during the term of any card granted thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the Police Department in writing within twenty-four (24) hours after such change.

D. An applicant for a registration card shall, when the application is filed, pay the fee established by resolution of the City Council. The filing fee shall not exceed the administrative cost of processing the application and issuing the card.

E. The Police Department shall issue the card to the applicant within ten (10) days after the date the completed application is filed.

F. A registration card shall be valid for the period of time stated in the application but in no case shall the time exceed a period of one (1) year from the date of the issuance of the permit.

G. No registration card issued pursuant to this chapter shall be transferred or assigned, and any attempted assignment or transfer shall be void.

H. The Chief of Police may waive the requirements of this chapter in whole or in part when he/she determines that a waiver is necessary to allow the solicitation of immediate aid in response to an emergency. (Ord. 2025-03, 1-6-2026)

A. No person shall distribute, deposit or place any handbill or any other written material intended for a commercial purpose in or on any public place. The provisions of this section shall not prohibit any person from personally delivering a handbill in any public place to any person willing to accept the handbill.

B. No person shall distribute, deposit or place any handbill, or any other written material, in or upon any automobile or other vehicle in the City that displays a sign stating "No Handbills" or sign with similar wording that indicates the vehicle's owner, or driver does not wish to receive such materials. (Ord. 2025-03, 1-6-2026)

A. No person shall distribute, deposit or place any handbill, or any other written material, in or to any residential property which has displayed any sign indicating "No Solicitors" or similar wording that no solicitation is desired by the occupant. All handbills distributed to, or deposited or placed in, any residential property shall contain a legible notice to the effect that anyone who does not desire to receive additional handbills may notify the person or organization responsible for the distribution, whose name, address and phone number shall be listed on the handbill. Subsequent to receipt of notice that the occupant does not desire additional handbills, the registration card holder(s) shall not distribute handbills to that residential property.

B. Occupants of residential properties who visibly display "No Soliciting" signs, or signs with similar wording, may annually request to have their addresses included on a registry of residential properties whose occupants do not wish to receive unsolicited handbills or commercial solicitation. The registry shall be maintained by the Police Department and through the Department's website and shall be available on the City's website to the public and all potential commercial and noncommercial solicitors. It shall be a violation of this section for any commercial or noncommercial solicitor to distribute handbills or engage in commercial solicitation at or to any dwelling unit that is included on the City's "no soliciting" registry.

The provisions of this chapter shall not apply to the distribution of mail by the United States Post Office. (Ord. 2025-03, 1-6-2026)

No person shall solicit in violation of any of the following provisions:

A. No solicitation is permitted between the hours of seven o’clock (7:00) PM and nine o’clock (9:00) a.m., except by prior appointment.

B. No commercial solicitation is permitted at any residential property at which a sign is displayed indicating "No Solicitors" or a similar indication that no solicitation is desired by the occupant(s).

C. No solicitor shall use profane or abusive language or verbal threats during any solicitation or following any refusal by the person solicited.

D. No solicitor shall step onto or over the threshold of a doorway, unless invited to do so by the occupant(s).

E. No solicitor shall place his/her hands, legs, or any portion of the body in any doorway or exit so that it would reasonably appear to the occupant that the door may not be closed or the exit may not be accessible, unless the occupant grants permission to do so.

F. No solicitor shall refuse to leave the premises when asked to do so by the occupant(s).

G. No solicitation shall occur when the person to be solicited is in or on any of the following places:

1. During a live presentation or performance on any City property, unless the solicitation is authorized by the City or a special event permit.

2. Inside a public transportation vehicle or public facility.

3. Within fifty (50) feet of any automated teller machine.

4. Outdoor and/or indoor dining areas of restaurants or other dining establishments serving food for immediate consumption without the express permission of the restaurant owner, manager or operator; or

5. A queue of five (5) or more people waiting to gain admission to a place or vehicle or waiting to purchase an item or admission ticket.

H. No solicitor shall block or impede the path of the individual(s) being solicited.

I. No solicitor shall continue to solicit, follow, or accompany any individual who has been solicited after the individual has asked the solicitor to leave or after the individual being solicited has declined the solicitation.

J. No solicitor shall touch the individual(s) being solicited without that individual(s)' consent.

K. No solicitor shall make any statements, gestures, or other communication which a reasonable person in the situation of the individual(s) being solicited would perceive to be a threat and has a reasonable likelihood to produce in the victim a fear that the threat will be carried out.

L. No solicitor shall knowingly make false statements or misrepresentations during the course of the solicitation.

M. No solicitation will take place at any time on Sunday. (Ord. 2025-03, 1-6-2026)