Morro Bay Municipal Code Ch. 5.40 Solicitation of Business and Distribution of Advertising Material

The city council hereby finds and determines:

A. Persons and organizations have been and are soliciting in residential areas of the city at times, and in ways, which interfere with the reasonable expectations of privacy of the occupants of dwellings.

B. Persons have been soliciting in certain public areas where members of the public are not able to easily avoid the solicitation, in areas where solicitation could endanger the safety of the public, and in ways which may reasonably create fear on the part of the person being solicited.

C. Handbills soliciting funds, support, or opinions frequently become litter or trash which impacts the aesthetics of public and private property unless distributed or placed in ways which ensure they are received by interested persons.

D. The provisions of this chapter constitute reasonable and content neutral time, place and manner restrictions and limitations which allow persons and organizations ample opportunity to solicit funds, opinions and support while protecting and promoting the public peace, health, safety and welfare.

(Ord. 475 (part), 1999)

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

"Handbill" means any document or written matter such as a circular, leaflet, or pamphlet which advertises, promotes or informs of a product, business, service, event, commercial enterprises or any noncommercial activity, event, organization or purpose.

"Newspaper" means and includes any newspaper of general circulation as defined by state law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation, and shall include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.

"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 or other similar representative thereof.

"Public place" means and includes all publicly owned and maintained streets, sidewalks, alleys, parks, beaches, grounds or any municipally owned, leased or operated facility, building, pier, or other public property opened to the general public within the city.

"Residential property" means any dwelling, house, building or other structure, designed or used in whole or in part for private residential purposes and shall include any yard, walkway, or driveway, porch, steps, vestibule or mailbox belonging or an appurtenant to such dwelling, house, building or other structure.

"Solicitor" means and includes every person requesting an immediate donation of money and/or who solicits as defined in Section 5.08.150 of this code and is specifically engaged in solicitation by going from house to house, place to place, or along city streets and on public right-of-way.

(Ord. 504, 2004; Ord. 475 (part), 1999)

(Ord. No. 595, § 44, 9-8-15; Ord. No. 634, § 4, 6-23-20)

Editor's note— Ord. No. 595, § 44, adopted September 8, 2015, repealed § 5.40.030, which pertained to business license required and derived from Ord. No. 475, 1999.

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 and/or related to a local election;

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

E. Newspapers, magazines, or by direct solicitation through United States mail; solicitation conducted solely by means of radio or television broadcasts;

F. Any individual person, group, organization or business that posts a notice or advertisement of any event, service, activity, or merchandise for sale on private property with the permission of the property owner, or on public property at designated information kiosks or bulletin boards permitted by the city or other government agency having jurisdiction and control over the public property or public facility.

(Ord. 475 (part), 1999)

The city manager may waive the provisions of this chapter in whole or in part when he or she determines that a waiver is necessary to allow the solicitation of immediate aid in response to an emergency.

(Ord. 475 (part), 1999)

No person shall distribute, handout, deposit, place, throw, scatter or cause or permit to be distributed, handed out, deposited, placed, thrown, scattered any handbill or other written material in or upon a public place within the city. The provisions of this section shall not prohibit a person to handout or distribute, without charge to the receiver thereof, any handbill to any person willing to accept the handbill.

(Ord. 475 (part), 1999)

No person shall distribute, handout, deposit, place, throw, scatter or cause, permit or cause to be distributed, deposited, placed, thrown, scattered or cast any handbill in or upon any automobile or other vehicle in the city. The provisions of this section shall not be deemed to prohibit the handing or distribution of any handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the handbill.

(Ord. 475 (part), 1999)

No person shall distribute, handout, 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.

(Ord. 475 (part), 1999)

No person, except a public officer or employee in performance of a public duty, shall place or fasten any handbill, sign, poster or notice of any kind on any lamp post, pole, hydrant, bridge, wall, tree or other object in any public place, except as may be required or allowed by law.

(Ord. 475 (part), 1999)

No person shall erect or construct any billboard or sign upon any street, sidewalk or public right-of-way, or cause the same to be done, except as may be required or allowed by law.

(Ord. 475 (part), 1999)

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

A. No solicitation is permitted between the hours of nine p.m. and eight a.m., except by prior appointment;

B. No 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, nor 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;

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

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

1. Any public transportation vehicle or facility;

2. Any vehicle on the public or private street, alleyway or public right-of-way;

3. Within fifty 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 or more persons awaiting to gain admission to a place or vehicle, or waiting to purchase an item or admission ticket;

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

H. 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;

I. No solicitor shall touch the individual(s) being solicited without that individual(s) consent;

J. No solicitor shall make any statements, gesture, 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;

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

L. No solicitor shall solicit by means of any loud or unreasonable noise, or by the use of a loudspeaker or other sound amplification that could reasonably be expected to disturb persons of ordinary sensitivity.

(Ord. 475 (part), 1999)

Any persons violating any provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished in accordance with the provisions of Title 1 of this code.

(Ord. 475 (part), 1999)