Moraga Municipal Code Ch. 9.10 Peddlers and Solicitors

A. The Town of Moraga routinely responds to complaints regarding the conduct and impact of peddlers and solicitors operating within the town who peddle or solicit door-to-door. These complaints have involved misrepresentations or fraud in solicitations or sales, aggressive, threatening and intimidating tactics and the refusal to leave the premises when requested. These complaints implicate the town's interest in protecting the privacy, safety and general welfare of its residents.

B. Unregulated door-to-door peddling, or soliciting, constitutes a serious concern for the Town of Moraga. The Town of Moraga has a legitimate interest in preventing fraudulent or criminal activities which may result from unregulated peddling, or soliciting. In addition, the Town of Moraga has a legitimate interest in protecting its residents' privacy by preventing unwanted peddling, or soliciting.

C. The purpose of this chapter is to protect against criminal activity, including fraud and burglary, minimize the unwelcome disturbance of citizens and the disruption of privacy, and to otherwise preserve the public health, safety and welfare by regulating, controlling, and licensing peddlers and solicitors, while balancing First Amendment rights. This chapter constitutes reasonable and narrowly tailored regulations regarding the manner of peddling and soliciting.

(Ord. No. 239, § 1, 2-13-2013)

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

A. "Chief of police" means the Chief of the Moraga Police Department or his or her designee.

B. "Peddling" includes the act of any person, whether a resident of the town 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."

C. "Person" means and includes the singular and the plural and also means and includes any individual, firm, corporation, association, club, co-partnership, joint venture, or any other organization.

D. "Soliciting" includes the act of any person, whether a resident of the town 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."

(Ord. No. 239, § 1, 2-13-2013)

It is unlawful for any person to engage in the business of peddling or soliciting within the town without first obtaining a permit pursuant to Section 9.10.060 of this chapter. Such permit shall not be transferred to any person or used by any person other than the person named in and issued the permit.

(Ord. No. 239, § 1, 2-13-2013)

A. The provisions of this chapter do not apply to the act of carrying, conveying, delivering or transporting milk, dairy products, newspapers or other goods, to regular customers on established routes, solicitation at wholesale or business premises within the town, or to charitable or religious solicitations that are conducted solely by members of the charity or religion at regular assemblies, meetings or services.

B. The provisions of Section 9.10.030 of this chapter shall not apply to persons fifteen (15) years of age and under.

C. Nothing in this chapter shall prohibit persons from distributing handbills door-to-door within the town without a permit, subject to the regulations in this chapter.

D. This chapter shall not apply to any person whose sole or principal purpose is expression, dissemination, or communication by verbal, visual, literary, or auditory means of opinion, views, or ideas, including without limitation any person conducting a poll, survey or petition drive or disseminating oral or written information to a person willing to receive such information, whether political, religious, commercial, noncommercial, charitable or otherwise, whether or not that conduct involves an incidental request for funds or any other thing of value.

(Ord. No. 239, § 1, 2-13-2013)

No person shall peddle or solicit at any premises where there is posted a clearly visible sign prohibiting such soliciting or peddling.

(Ord. No. 239, § 1, 2-13-2013)

All persons required to obtain a permit under this chapter shall apply with the chief of police or his or her designee by completing a sworn application form, under penalty of perjury, on a form to be provided by the chief of police, which form shall require the following information:

A. Name and birth date of the applicant;

B. Permanent home address and local address of the applicant (not a P.O. box);

C. The name and address of the applicant's business, his or her interest in or relationship with the business, and if the applicant is employed, the name and address of his or her employer;

D. A brief description of the nature of the applicant's business and the product or service to the peddled, or solicited;

E. The period of time during which the applicant desires to peddle or solicit in town;

F. A statement as to whether or not the applicant has been convicted of a felony, misdemeanor, or violation of any municipal ordinance, and nature of the offense and punishment or penalty assessed therefore;

G. Two photographs, two inches by one inch in size, or similar, of the head and shoulders of the applicant to be attached to the permit issued;

H. Valid state driver's license, identification card, or other similar identification;

I. If a vehicle is to be used, a description of the vehicle, along with the vehicle license plate number shall be provided; and

J. A thumbprint of the applicant for the purpose of identification.

(Ord. No. 239, § 1, 2-13-2013)

At the time of application, the applicant shall pay a fee in an amount set from time to time by resolution of the town council to reimburse the town for and shall not exceed the actual cost of processing the application. No application shall be processed unless the application fee has been paid.

(Ord. No. 239, § 1, 2-13-2013)

The chief of police shall make or cause to be made, within ten business days after the filing of an application form pursuant to Section 9.10.060 of this chapter, a review of the veracity of the information provided on the registration form. The chief of police shall deny the permit if the application contains false information; the applicant has ever been convicted of any felony; the applicant has ever been convicted of any misdemeanor involving theft, violence, acts of a trespassing nature or acts involving fraud or misrepresentation; or the entity on whose behalf the applicant will be peddling or soliciting has previously been found to have engaged in fraudulent business practices. The chief of police shall provide the applicant with a written statement of the reason for the denial. Otherwise, the chief of police shall issue the applicant a permit showing the name of the applicant, the general purpose of the applicant's business, and the date of the expiration of the permit. The chief of police shall keep a complete record of the information provided on each application form completed pursuant to this chapter.

(Ord. No. 239, § 1, 2-13-2013)

If the application discloses an intent to peddle anything for human consumption, or anything that might endanger the public health, the chief of police may refer the matter to the county health department who may choose to investigate the applicant's equipment, facilities, place of business and or manner of operation, as it deems necessary to protect the public health and welfare, and to assure compliance with town, county, or state sanitation laws and regulations.

(Ord. No. 239, § 1, 2-13-2013)

The permit shall be valid for not more than one year from the date on which the chief of police issues the permit. The permit holder may apply for annual renewal of the permit within one month of the expiration date with the payment of a renewal application fee. The chief of police shall determine if the permit holder is in compliance with the requirements of this chapter and the terms of the permit. The permit shall be renewed if the chief of police finds the permit holder to be in compliance. If the chief of police determines the permit holder is not in compliance with this chapter, the permit shall not be renewed and the chief of police shall provide the permit holder with a written statement of the reason for the non-renewal. Permit renewal application fees are set from time to time by resolution of the town council and shall not exceed the actual costs of processing the renewal application.

(Ord. No. 239, § 1, 2-13-2013)

Any permit issued pursuant to this chapter may be revoked at any time by the chief of police for any of the following reasons:

A. Fraud, misrepresentation or false statement made in completing the application form;

B. Fraud, misrepresentation or false statement made in the course of peddling or soliciting within the town;

C. Violation of any provision of this chapter;

D. Peddling or soliciting within the Town of Moraga 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;

E. Conviction of any crime for which a permit shall be denied; or

F. Revocation or suspension of any required health department permits.

The chief of police shall provide written notice of the revocation to the permittee either in person or by mail at the address listed on the permittee's application. The notice shall provide that the permit must be returned to the town's police department pending any appeal hearing, unless the permit was earlier seized in accordance with applicable law.

(Ord. No. 239, § 1, 2-13-2013)

A. Every peddler or solicitor, at all times when engaged in peddling or soliciting shall wear, or have in his or her immediate possession, a driver's license or other 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 peddling or soliciting shall display the same upon demand of any police officer of the Town of Moraga, and upon the demand of any person to whom he or she is peddling or soliciting.

B. No person issued a permit shall alter, remove, or obliterate any entry made upon such a permit, or deface such permit in any way.

(Ord. No. 239, § 1, 2-13-2013)

The chief of police has the primary responsibility to enforce this chapter. A violation of this chapter constitutes an infraction and will be subject to applicable penalties under this code in addition to any other penalties or remedies set forth in this code.

(Ord. No. 239, § 1, 2-13-2013)

Any person aggrieved by any action of the chief of police taken pursuant to this chapter shall have the right to appeal the action to the town manager. Such appeal shall be taken by filing with the town clerk, within fifteen (15) days after notice of the action complained has been delivered to such person, a written statement giving the appellant's name and address and setting forth fully the grounds of such appeal. The town manager shall set a time and place for the hearing on such appeal, to be heard within thirty (30) days of the written statement of appeal, and shall promptly give notice of such hearing to the appellant in writing, delivered or mailed, to the appellant at his or her last known address at least ten days prior to the date set for such hearing. The town manager will notify the appellant, in writing, of the town manager's decision within fifteen (15) days of the hearing. The decision of the town manager on such appeal shall be final and subject to judicial review.

(Ord. No. 239, § 1, 2-13-2013)