Murrieta Municipal Code Ch. 5.20 Solicitations

The city council finds and declares as follows:

A. That unrelated practice of solicitation of unwilling residents for any purpose jeopardizes the right of residents in the city to enjoy the privacy of their homes in tranquility and security;

B. That the interests of residents in privacy and the quiet enjoyment of residential premises are protected by reasonable regulation of the time and manner solicitation may take place at residences in the city;

C. That the risk of consumer fraud increases when the solicitor has no fixed place of business in the city and consumer complaints cannot be resolved locally and expediently;

D. That the distribution of solicitation materials upon residential property in the city creates widespread litter which is unsightly, unhealthy, and difficult to remove;

E. That the distribution of solicitation materials upon residential property in the city creates a serious police problem and a threat to public safety and welfare in that residential property becomes cluttered with an accumulation of such materials inadvertently advertising the absence of the owner or occupant and increasing the likelihood of criminal activities on the property; and,

F. That such practices, if not in compliance with the reasonable regulation thereof, are injurious and contrary to the public health, safety and welfare of residents of the city, create a public nuisance, and should therefore be regulated by the city.

(Ord. 108 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 5.06.010)

Whenever used in this chapter, unless a different meaning clearly appears from context:

“Charitable solicitation” includes solicitation for philanthropic social services or welfare.

“Contribution” includes alms, food, clothing, money, property, subscription, pledge, and donations under the guise of loans of money or property.

“Established place of business is a fixed place, location or building, owned or leased or rented on a yearly or monthly basis, by the person who uses such place, location or building as his or her permanent place of business.

“Goods” means goods, wares, merchandise, products, chattels or any description, magazines, periodicals, or other publications or subscriptions therefore; regularly published newspapers as defined herein excepted.

“House” means any structure, building or dwelling which has walls on all sides and is covered by a roof. House includes the land area surrounding it.

“Identification card” means the solicitor’s identification card issued to a person who possesses a valid solicitor’s license or who is employed or engaged to solicit by a person licensed to do business as a solicitor with the City of Murrieta.

“License” means that solicitor license which is issued to a person who is doing business as a solicitor in the City of Murrieta.

“Newspaper” means a publication appearing at regular intervals at short periods of time, as daily, weekly, biweekly, usually in sheet form and containing news that is reports of recent occurrences, political, social, moral, sporting events and items of varied character, both local and foreign, intended for the information of the general reader and has reference to the natural, plain and ordinary significance of the word newspaper and does not refer to or comprehend magazines or periodicals. Newspaper does not include regular or periodic advertising circulars, certificates, papers, coupons, books, or pamphlets.

“Person” means any individual, firm, co-partnership, corporation, company, association, or joint stock organization, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent, employee or other similar representative thereof.

“Public place” means any place to which anyone may have access without trespassing.

“Religious solicitation” as used in this chapter shall not mean and include the word “charitable” as defined in this chapter, but shall be given its commonly accepted definition.

“Residence” means any house, apartment, condominium unit, flat, or dwelling intended for residential use.

“Services” means any act performed for the benefit of another under some arrangement or agreement whereby such act was to have been performed.

“Solicit” and “solicitation” means any request directly or indirectly, verbally or in writing, for money, credit, property, financial assistance or other thing of value on the person's own behalf or on behalf of

another. Solicitation shall also include such requests made by use of the press, radio, television, telephone, or telegraph where such solicitation is not otherwise specifically regulated by state or federal law. Solicitation as defined in this chapter shall be deemed to have taken place when the request is made, whether or not the person making the same receives any contribution.

“Solicitor” for the purpose of this chapter, the term “solicitor” shall also include “peddler,” “canvasser,” “hawker,” “huckster,” “transient dealer,” “salesperson” or “itinerant vendor” and shall mean all persons, both principal or agent, who go from house to house, or to only one house, or upon any street, sidewalk, alley, plaza, or in any park or public place in the City of Murrieta, by foot or vehicle, who sell or solicit either by sample or otherwise the sale for value of goods, wares, merchandise, services, magazines, periodicals, or other publications, or subscriptions for the same, for themselves or for firms which do or do not have an established place of business in the City of Murrieta or who offer to sell or distribute for value to any person any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise or services.

(Ord. 302 § 1 (part), 2004; Ord. 108 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 5.06.020)

It is unlawful for any person, whether or not a resident of the city, or whether or not the person maintains or is employed at an established place of business, to engage in business of solicitation within the city unless a valid solicitor license has been issued to that person pursuant to the provisions of this chapter. Each individual solicitor shall obtain a license.

(Ord. 302 § 1 (part), 2004; Ord. 108 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 5.06.030)

The term of a solicitor license or identification card shall be valid for whichever is shorter - the actual solicitation period or one (1) year. Thereafter, the license or identification card may be renewed for a period of one year anytime within thirty (30) days prior to the expiration date of said license or identification card upon application therefore.

(Ord. 302 § 1 (part), 2004)

No license issued under this chapter shall be transferred or assigned, and any attempt at assignment or transfer shall be void.

(Ord. 302 § 1 (part), 2004)

Peddling food is defined as selling and delivering, and offering to sell and deliver, items of food and drink for immediate human consumption by a vendor to regular customers along established routes. An application for an initial or renewed license to peddle food anywhere in the city shall provide the business license clerk with a current public health permit issued to the applicant.

(Ord. 302 § 1 (part), 2004)

A. The applicant for a license and/or identification card shall apply to the business license division on forms prescribed by the business license division and may be required to furnish the following information about himself or herself and his or her proposed activity:

• 1. Name;
• 2. Physical description;
• 3. Local address;
• 4. Permanent address;
• 5. Description of the nature of his or her business;
• 6. Description of the nature of his or her goods or services to be offered;

7. Name and address of employer and a description of the relationship between the applicant and such employer;

8. The length of time for which such license is desired up to one year;

9. A statement of all convictions for all misdemeanors and felonies.

10. Upon receipt of an applicant for a license and identification card, the business license division may send copies of such applications to any officer or department which is deemed essential in order to carry out a proper investigation of the applicant. (Ord. 302 § 1 (part), 2004)

The applicant for an initial or renewed license and/or identification card shall pay a fee to the city for a fingerprint report and photograph for the applicant and each employee.

(Ord. 302 § 1 (part), 2004)

Identification cards shall be issued to all applicants who have paid an application fee, who have complied with Section 5.20.070 of this chapter, and who have complied with all local, state and federal laws regulating such trade, business or employment, unless the proposed sales proposition shall include some element of trickery, fraud or deceit, or the applicant has been convicted of a felony involving moral turpitude within the past five (5) years or has been convicted of any crime involving sexual matters within the previous ten (10) years, in which case, in the interest of public safety and protection, the applicant shall not be granted an identification card or license.

In addition to the reasons stated above, the business license division may cause for denial, suspension or revocation of any application or identification card if it is determined that the applicant, his or her agent, representative, or employee:

A. Is convicted of any misdemeanor involving violation of any statue or ordinance regulating or taxing any business, or

B. Is convicted of any crime involving any of the offenses described under California Penal Code Section 290, or

C. Is convicted of any crime, the nature of which indicated the applicant's unfitness to act as a solicitor, or

D. Who has violated any of the provisions of this chapter, or

E. Who makes any false statement or misrepresentation in his or her application for such license and/or identification card. For purposes of this section, a plea of nolo contendere, or a plea or verdict of guilty, of a finding of guilt by a court, or a forfeiture of bail is deemed to be a conviction whether probation is granted or not. (Ord. 302 § 1 (part), 2004)

A. After completing its investigation of the applicant and application, and within thirty (30) days from receipt of such application, the business license division shall approve or deny the issuance of the identification card. Upon approval by the business license division, the identification card issued to the applicant shall show the physical description of the applicant, his or her name and address, both temporary and permanent, and the name of his or her principal if other than the licensee, and the nature of the business for which the license has been issued. The identification card shall show the expiration date of the license and shall contain a photograph of the licensee.

B. The license and the identification card shall also contain a statement that the card does not constitute an endorsement by the City of Murrieta or any of its employees, of the purpose or persons conducting the solicitations.

(Ord. 302 § 1 (part), 2004)

A. No person shall solicit at any residence or at any business to which is affixed a sign indicating "No Solicitors," "No Peddlers," or any similar indication that solicitation is not desired by the owner or occupant, unless, however, expressly permitted by the owner, lessee, agent or occupant of the premises.

B. No person shall continue to solicit from another after the desire not to make a contribution has been expressed. No person shall solicit where the owner or occupant of the property has notified the solicitor that he or she is not allowed on the property.

C. No solicitor shall intentionally obstruct the free movement of any person or vehicle.

D. No solicitor shall refuse to leave any residence or other private property within the city where requested to leave by the owner or occupant, or agent of the owner or occupant.

E. No person shall distribute, peddle, pass out, give away, or circulate printed or written literature of any kind whatsoever within the city when the intended recipient thereof, or the owner, occupant or resident of any property where the literature is left has notified the distributor or disseminator of such material that they do not desire to receive such materials.

F. No person shall distribute, peddle, pass out, give away, or circulate printed or written literature of any kind whatsoever at any residence or at any business to which is affixed a sign indicating "No Handbills," or words of similar meaning, unless, however, expressly permitted by the owner, lessee, agent or occupant of the premises.

(Ord. 302 § 1 (part), 2004)

Commercial handbill is defined and regulated by Chapter 8.24 of this code.

(Ord. 302 § 1 (part), 2004)

Litter is defined in Chapter 8.24 of this code. Littering on occupied private property and public places is regulated by Chapter 8.24 of this code.

(Ord. 302 § 1 (part), 2004)

Any printed or written material which may be passed out, given away, circulated or delivered in the city pursuant to law shall be:

A. Placed in the hand of the intended recipient; or

B. Bound, folded or weighted in such a manner that the material cannot be blown away, scattered or fragmented by the action of the elements and/or normal pedestrian or vehicular traffic; or

C. Affixed to the premises for which it is intended by being tied or slipped over a doorknob or other protrusion.

(Ord. 302 § 2 (part), 2004)

A. The prohibitions in Sections 5.20.120 through 5.20.140 shall not apply to solicited newspapers of general circulation as defined in the Government Code or mail distributed by the United States Government.

B. Sections 5.20.030 through 5.20.100 shall not apply to students from an elementary school, junior high school, high school, public junior or community college, public college, public university, or any private educational institution listed in Education Code Section 29003, while such students are engaged in activities associated with academic or scholastic functions sponsored by and authorized by such schools or similar organizations including Boy Scouts of America and Girl Scouts of America.

(Ord. 302 § 2 (part), 2004)

No solicitor shall ring the bell or knock on the door of, or attempt to gain entrance to, any residence before ten a.m. of any day and after five (5:00) p.m. during Pacific Standard Time and seven (7:00) p.m. during Pacific Daylight Savings Time.

(Ord. 302 § 2 (part), 2004)

Vending units at public parks are permitted if the following conditions are met:

A. Section 12.08.140 of the Murrieta Municipal Code relates to the Solicitation and/or Sale on Public Parks. A person shall not solicit in any manner or for any purposes, or sell or offer for sale, any goods, wares, or merchandise, therein, except:

B. By any city granted concession; or

C. By any person acting pursuant to a contract or agreement with the city.

D. Only food, beverages or recreational equipment or related items may be disposed,

offered for sale, sold, rented or offered for rent except during city sponsored events whereby the city is seeking vendors for a craft fair or business expo.

E. Units vending food or beverages shall possess a valid health permit issued by the Riverside County Department of Health Services. A valid health permit is not required if waived by the Riverside County Department of Health Services.

F. Every operator shall obtain a business license as well as a solicitor license.

G. Every operator shall agree in writing to indemnify and hold harmless the City of Murrieta from and against all claims, suits, damages, costs, losses or expenses in any manner resulting from, arising out of or connected with the operation.

H. Every operator shall provide to the City of Murrieta proof of insurance coverage in the amount of one million dollars ($1,000,000) listing the City of Murrieta as an additional insured.

I. No operator shall operate any vending unit without prior authorization from the city.

(Ord. 302 § 2 (part), 2004)

An application for a temporary use permit shall be required. Temporary use is defined and regulated in Murrieta Development Code Chapter 16.70.

(Ord. 302 § 2 (part), 2004)

Any person violating any provision of this chapter upon conviction thereof, shall be punished in accordance with the provisions of Section 1.32.010 through 1.32.020 of the Murrieta Municipal Code. Each such act of solicitation shall constitute a separate offense.

(Ord. 302 § 2 (part), 2004)