Monte Sereno Municipal Code Ch. 4.19 Solicitation

The provisions of this Chapter are designed to constitute reasonable and content neutral time, place and manner restrictions and limitations which allow persons and organizations ample opportunity to solicit contributions, opinions and support while protecting and promoting the public peace, health, safety and welfare of the residents of the City of Monte Sereno.

(Ord. 143 § 1 (part), 2004)

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

A. "Applicant" means any person applying for a solicitation permit in the City of Monte Sereno.

B. "City" means the City of Monte Sereno.

C. "City Manager" means the City Manager or his or her designee.

D. "Contribution" includes, but is not limited to, gifts, food, pledge, money, clothing, property, loan, donation, payment for subscription or other publication, or any other thing of value.

E. "Participant" means any person who obtains a solicitation permit under another applicant.

F. "Person" means any individual, partnership, corporation, or association, firm, company, society, organization, church, congregation, assembly, or league, and shall include any director, officer, trustee, receiver, assignee, agent, employee, or other similar representative thereof.

G. "Public place" means and includes all publicly owned and maintained streets, sidewalks, alleys, parks, grounds and buildings.

H. "Residence" includes 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.

I. "Solicitation" means the act of going from door-to-door or from place-to-place in the City or remaining in a fixed location and selling or taking orders for or offering to sell or take orders for goods, wares or merchandise or any other thing of value for present or future delivery or for services to be performed immediately or in the future or the making any oral or written request for any contribution.

J. "Solicitation permit" means the permit, which authorizes a person to engage in solicitation.

K. "Solicitor" means an individual who solicits.

L. "Vehicle" means a vehicle defined in California Vehicle Code Section 670, as it now reads or as hereafter amended.

(Ord. 143 § 1 (part), 2004)

No person shall solicit in the City without first applying for and receiving a solicitation permit from the City Manager authorizing such solicitation.

(Ord. 143 § 1 (part), 2004)

The provisions of this Chapter shall not apply to solicitation made purely for evangelical, missionary, religious, political or other purposes which do not involve the solicitation of any contribution or any organization's solicitation of its members or solicitations upon premises owned or occupied by the organization on whose behalf such solicitation is made.

(Ord. 143 § 1 (part), 2004)

A. An application for a solicitation permit shall be made to the City Manager. The application shall be filed with the City at least fourteen (14) calendar days prior to the time at which the permit to conduct solicitation shall become effective. The City Manager may, for good cause shown allow the filing of an application within this fourteen- (14) day period.

B. The application shall contain the following information:

1. Name, address and phone number of applicant; if multiple permits are sought under one applicant, application must include the name of each participant;

2. Name, address and phone number of the organization for which the applicant plans to solicit;

3. Purpose of the solicitation;

4. Date(s) and time(s) of planned solicitation;

5. Make, model and license number of any vehicle applicant anticipates using in connection with the solicitation; and

6. Convictions, if any, for misdemeanors or felonies for the applicant and each participant.

C. Applicant must pay a reasonable fee at time of application.

(Ord. 143 § 1 (part), 2004)

The City Manager shall have the power to examine documents and materials relevant to determine the accuracy of the information provided on the application.

(Ord. 143 § 1 (part), 2004)

A. The City Manager shall either grant or deny the requested solicitation permit within fourteen (14) calendar days of the date the application is made, so long as he finds the following facts:

1. All the statements made in the application are true; and

2. The applicant or participant has not been convicted of any crime reasonably related to door-to-door solicitation, including, but not limited to, crimes against persons or property or crimes involving the element of fraud.

B. In the event the City Manager fails to act upon an application within the time prescribed herein, the permit shall be deemed granted.

C. The City Manager has no authority to, and shall not, grant, deny, suspend, revoke or refuse to renew any solicitation permit by reason of disapproval or disagreement with the philosophy, opinion, or belief of the applicant or permit holder.

(Ord. 143 § 1 (part), 2004)

A. Permits issued under this Chapter shall bear the name, address and phone number of the organization on behalf of whom the individual is soliciting, the permit number, date issued, dates within which the applicant or participant may solicit, and a statement that the permit does not constitute an endorsement by the City or by any of its departments, officers or employees of the purpose of, or the person conducting the solicitation.

B. All permits must be signed by the City Manager.

(Ord. 143 § 1 (part), 2004)

A. Posted Premises. No person shall solicit or attempt to solicit at any residence or any public place where there is a sign indicating "No Soliciting" or "No Solicitors." No solicitor shall solicit or attempt to solicit at a premises where the occupant has posted any other similar sign which indicates that the occupants do not wish to be solicited or in any other way have their privacy disturbed.

B. Time Limitations.

1. Permits shall be valid for no more than fourteen (14) days and may be renewed once annually. A permit may not be issued more than one time in any six- (6) month period for any one organization.

2. No person shall solicit in any residential area or public place after 9:00 p.m. or before 9:00 a.m., unless such person has been requested or invited to do so by the owner or occupant of the premises. This Section shall not be interpreted to grant any person permission to enter upon private property.

C. Aggressive Solicitation. No person shall engage in aggressive solicitation which includes, but is not limited to, approaching or following a pedestrian, repetitive solicitation despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic.

D. Nontransferability. No solicitation permit issued, pursuant to this Chapter, shall be transferred or assigned. Any attempted assignment or transfer shall be void and the result in the immediate revocation of the solicitation permit.

(Ord. 143 § 1 (part), 2004)

A. Revocation of Solicitation Permit. If the City Manager has reason to believe that a solicitor has violated any of the limitations and prohibitions in the previous section or any other provision of this Chapter, the City Manager may revoke the solicitation permit.

B. Surrender of Solicitation Permits. If a solicitation permit is revoked, pursuant to subsection A of this Section, the person whose solicitation permit was revoked shall promptly surrender his or her solicitation permit to the City Manager.

C. Violations. Violations of any provision of this Chapter will be punishable in accordance with Section 1.01.010 of this Code.

(Ord. 143 § 1 (part), 2004)

A. Any person to whom the issuance of a solicitation permit has been denied or whose solicitation permit has been revoked, may appeal such decision to the City Council by filing a written notice of appeal with the City Manager within fifteen (15) days after the date of the notice of denial or revocation.

B. The City Manager shall set the matter for appeal on the earliest City Council regular meeting available, unless the appellant consents in writing to a later date.

C. The City Council shall conduct a hearing on the appeal. The City Manager and appellant shall have the right to call and examine witnesses, to impeach witnesses, and to rebut evidence. The hearing need not be conducted according to the technical rules relating to evidence. The decision of the City Council shall contain findings of facts and determination of the issues presented.

(Ord. 143 § 1 (part), 2004)