National City Municipal Code Ch. 10.22 Sales Activity and Solicitation from or Affecting Vehicles, Traffic,…

The city council finds and determines that in order to protect the public health, welfare and safety, promote the orderly and safe flow of traffic, enhance pedestrian safety, and maintain community aesthetics, it is appropriate to regulate certain types of public vending and solicitation activities. The objective is to improve public safety and eliminate hazards to pedestrians and vehicles. The city council therefore enacts the regulations of this chapter in an organized, comprehensive, content-neutral "time, place, manner," fashion, in order to promote and obtain those goals and objectives.

(Ord. 2168 § 5 (part), 1999)

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

A. "Solicit" or "solicitation" means an act by which the availability of goods, labor, services, money, merchandise or similar mediums of commerce, barter or exchange is made known to, or is requested of or from, other persons. It can include words, physical gestures, or passive or animated displays upon or through which a message is displayed. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction is completed or an exchange takes place.

B. "Employment" means and includes services, industry or labor performed by a person for wages or other compensation under any contract of hire, written, oral, express or implied.

C. "Merchandise" means any tangible object of nominal or value greater than one cent, including but not limited to food, goods, flowers, beverages or iced flavors, but excluding "newspapers" defined in subsection D of this section.

D. "Newspapers" means and includes any journal, newspaper of general or limited circulation, periodical, magazine or other multi-page printed material that is not a "handbill" or part of the graphics on a container.

E. "Pushcart" means any non-self-propelled wagon or platform on wheels, including a bicycle or tricycle, which is not required to be registered under the California Vehicle Code.

F. "Solicitor" or "attendant" means an employee or agent of a principal, or the principal, who solicits or sells as defined in this section.

G. "Handbill" means any material of paper or similar lightweight material typically of a single page used to advertise an event or sale, which is capable of being blown about by the elements if not securely fastened.

H. "Commercial parking area" means privately owned property designed or used primarily for the parking of vehicles, which adjoins one or more shopping centers, malls, or commercial establishments. It excludes the parking area of a "modest retail establishment."

I. "Shopping center," as defined in Section 18.04.596 and as used in this chapter, means a group of commercial establishments planned and developed, owned or managed as a unit, and related in location, size, and type of shops to the trade area which the unit serves with off-street parking and loading provided on the property. Typically, shopping centers may include but are not limited to a combination or complex of grocery, drug, mercantile, restaurant and similar shops and retail establishments which cater to the public at large. They can be characterized as a shopping area which members of the public at large may frequent, without an apparent specific purpose or intent to purchase specific goods or services from a predetermined supplier or purveyor. "Shopping center" excludes a "modest retail establishment."

J. "Modest retail establishment" means a commercial parcel of less than twenty thousand square feet in area which consists of and is used primarily for medical, dental, office, banking or similar professional suites and services or for specific retail services, and the parking areas of which are intended for and restricted to the tenants, employees and specific clientele of those businesses—and not the public at large.

(Ord. 2168 § 5 (part), 1999)

A. It is unlawful for any person, while standing in any portion of the public right-of-way, including but not limited to public streets, sidewalks and driveways, to solicit or attempt to solicit from, or to sell, distribute or attempt to sell or distribute merchandise, newspapers or handbills to any person traveling in a vehicle along a public right-of-way.

B. It is unlawful for any person, while traveling as the occupant or driver of any vehicle, to solicit or attempt to solicit from, or to sell, buy, distribute or attempt to sell to or buy or distribute merchandise, handbills or newspapers from any person who is within the public right-of-way, including but not limited to a public street, sidewalk, or driveway.

(Ord. 2168 § 5 (part), 1999)

A. It is unlawful for an itinerant vendor to sell or distribute newspapers from any portion of a street or from the median separating opposing lanes of vehicular traffic.

B. The sale or distribution of newspapers to pedestrians by itinerant vendors upon public sidewalks, public property (other than streets or medians separating opposing lines of vehicular traffic) or public parks is not regulated or prohibited by this chapter.

C. Stationary newsracks that display only newspapers for sale may be located upon public sidewalks without a permit provided the following rules regarding placement are observed:

1. The newsrack contains the name, date of installation, address, and phone number of the person or entity responsible for its distribution, maintenance and refund of coinage;

2. The sponsoring entity provides a certificate of insurance to the city engineer certifying that the sponsor has a minimum one million dollars of comprehensive general liability insurance in effect covering the installation;

3. Dimensions, positioning and condition:

a. The newsrack does not exceed a maximum dimension of sixty inches in height, thirty inches in width and twenty-four inches in depth,

b. Newsracks may be placed next to each other, provided that no group containing more than five newsracks shall be placed along a curb,

c. The edges of the newsrack shall be designed to avoid injury or danger to sight disabled or wheelchair users,

d. The newsrack may be affixed to the sidewalk by means of removable mounting bolts or fasteners,

e. No newsrack will be chained, bolted, or otherwise attached to any fixture in the public right-of-way,

f. The newsrack is kept painted, free of graffiti, handbills, rust and corrosion and in an operable condition at all times;

4. Content:

a. Any newsrack containing printed material which openly displays "specific anatomical areas," as defined in Section 18.69.020, shall be covered with an opaque material (or blinder rack) to obscure public display of the specified anatomical areas,

b. Except when located in an area that excludes minors, any newsrack containing "harmful matter" defined by Penal Code Section 313 shall be attended by an adult, in order to prevent a sale or display to a minor in violation of Penal Code Section 313.1;

5. Location:

a. The newsrack is not located in front of any display window or the door of a building abutting a sidewalk,

b. No portion of the newsrack projects into a distance of eighteen inches measured from the edge of the curb line, nor less than six inches from any building,

c. The clear unobstructed path of travel on the adjacent sidewalk is not less than four feet measured horizontally, perpendicular to the curb line or street line, from the closest projecting edge of the newsrack to an opposing building, structure or utility cabinet or poles,

d. The newsrack is not within one hundred feet of any other newsrack on the same side of the street in the same block containing the same publication,

e. The newsrack is not located on one side of a sidewalk directly opposite another newsrack,

f. The newsrack is not within five feet of a disabled person's parking space (curb painted blue) in accordance with the California Vehicle Code Section 21458,

g. The newsrack is not within five feet of any marked crosswalk, or within ten feet of any curb return,

h. The newsrack is not within five feet of any driveway top curb opening,

i. The newsrack is not within five feet ahead of or fifteen feet to the rear of a bus-stop sign, or within five feet of the edge of a bus bench,

j. The newsrack is not within five feet of a fire hydrant, or within the intersections of sidewalks,

k. A newsrack may be mounted on a removable concrete slab on any portion of unimproved public right-of-way behind a sidewalk's furthest edge from the curb in order to observe the restriction of subsection 10.22.025(C)(5). The slab shall be of minimum dimensions of twenty-four by thirty inches horizontally and four inches in thickness. The slab must be removed when the newsrack is removed.

D. Newsracks that do not comply with subsection (C) of this section shall not be installed on public sidewalks or the adjoining parkway except upon the issuance of an encroachment permit by the city engineer, who will be the enforcement and administration authority for this section. The permit application form will be as developed by the city engineer. The permit fee will be as established in the National City fee schedule. No newsrack may be installed on other public property without an encroachment permit. An encroachment permit will not be issued if the proposed placement presents a fair risk of injury to persons or an adverse impact upon public convenience and safety, or if the placement hinders the reasonable use of the public right-of-way.

E. It is unlawful to remove a newsrack for more than seventy-two hours unless the sidewalk or curb is restored to original condition, and all mounting holes filled in or mounted bolts are ground flush to the sidewalk surface.

F. Newsracks that are installed without a permit and which do not comply with subsection (C) of this section are subject to summary removal and impound storage at the expense of the exhibitor.

G. The city manager or designate may relocate a newsrack temporarily when public work is necessary at the location. The costs of relocation and reinstallation shall be borne by the owner or permittee, which shall be a condition to the issuance of any encroachment permit or placement without a permit under this section.

H. Operators of existing newsracks shall be allowed a grace period of ninety days following adoption of this section in which to comply with the requirements of this section.

I. Allowing a newsrack to remain empty for a period of thirty consecutive days establishes a rebuttable presumption of abandonment and provides a basis for removal or revocation of the encroachment permit. The city engineer shall communicate to the newsrack operator in writing giving advance notice of action proposed under this section.

J. A permittee or applicant may appeal to the city manager any action taken by the city engineer in enforcement of this section by filing with the city manager a statement within two working days of such action setting forth grounds for the appeal. The city manager may affirm, overrule or modify the action of the city engineer. Notice of such action will be given to the applicant in person or in writing. Similarly, any action taken by the city manager may be appealed to the city council by filing a statement with the city clerk within five calendar days after receipt of the written notice.

(Ord. 2168 § 5 (part), 1999)

A. It is unlawful to solicit or attempt to solicit within a commercial parking area, except within an area authorized by the property owner for solicitation. This section shall not be construed to apply to solicitation to perform employment or business for the owner or lawful tenants of the subject premises.

B. This section shall only apply to commercial parking areas where the following exists:

1. The owner of the commercial parking area has established a written policy which provides area(s) for lawful solicitation in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises;

2. A copy of the policy has been submitted to the city manager to be maintained in city files; and

3. The owner of the commercial parking area has posted a notice in a conspicuous place at each entrance to the commercial parking area of not less than eighteen by twenty-four inches in size with lettering not less than one inch in height and not to exceed in total area, six square feet. The notice shall be in substantially the following form:

It is a misdemeanor to engage in the solicitation of employment, business or contributions of money or other property in areas of this commercial parking lot that are not approved for such activity by the property owner.

C. Where the commercial parking area is part of a modest retail establishment, the proscriptions of subsection A of this section shall apply without the need for compliance with the requirements of subsection B of this section.

D. Nothing contained in this chapter shall be construed to prohibit the owner of a commercial parking area from prohibiting the parking of vehicles for sale.

(Ord. 2229 § 3 (part), 2003; Ord. 2168 § 5 (part), 1999)

A. Except upon the issuance of a permit issued pursuant to Chapter 13.30, Chapter 15.60, or as provided in Section 10.22.040(B), it is unlawful to sell or display any merchandise upon or within a public sidewalk or right-of-way, any public park or any other public property.

B. The display of merchandise, whether with or without graphics or lettering, or both, by an organization or an attendant or solicitor on behalf of an organization as part of its first amendment protected expressive activity will not violate subsection A of this section as merchandise displayed for sale, provided all the following apply:

1. At least one sign with a minimum dimension of twelve by eighteen inches is prominently displayed at the center of the display site bearing language in English in letters of at least one-half inch in height that announces the following:

All merchandise on display is available for a donation in an amount of the donor's choice.

To be prominently displayed, the sign must be at an eye level of between a minimum of three feet to a maximum of six feet and be clearly visible in its entirety from the sidewalk or right-of-way from a distance of at least ten feet to any prospective donor or passerby.

2. All other signs at the site of display are restricted to a maximum size of twelve inches by eighteen inches each.

C. It is unlawful and a misdemeanor for a solicitor or attendant to refuse to deliver merchandise to a donor who has made a voluntary contribution for merchandise which is displayed under subsection B of this section by an organization which has posted the sign required by subsection (B)(1) of this section.

D. It is unlawful to park a vehicle offered for sale upon unimproved public or private property.

(Ord. 2229 § 3 (part), 2003; Ord. 2168 § 5 (part), 1999)

(Ord. No. 2019-2458, § 4, 5-21-2019)

A. It is unlawful to sell from or display merchandise for sale or lease upon vehicles upon public streets except when fully stopped upon the request of a customer, and then only for the period of time necessary to consummate a sale, not to exceed a total of ten minutes at that location or at any immediately succeeding location which is within three hundred feet of the former location where the vendor completed the immediate last transaction.

B. Except as provided in subsection C of this section, it is unlawful to stop or park any vehicle upon private property upon or from which merchandise is sold, displayed or offered for sale or lease where the sale or display of the merchandise itself would violate the zoning restrictions of Title 18 of this code applicable to the property without regard to the use of the vehicle as a means of display.

C. With the permission of the owner or lessee of developed private property, sales of merchandise from vehicles by a vendor properly licensed pursuant to Chapter 6.04 may be made to that owner's or lessee's tenants and employees.

D. The provisions of Chapter 9.06 pertaining to health and sanitation are applicable to the vending and display of food products, including ice cream, from vehicles.

(Ord. 2168 § 5 (part), 1999)

Editor's note— Ord. No. 2019-2458, § 5, adopted May 21, 2019, repealed § 10.22.050, which pertained to vending from pushcarts—regulated and derived from Ord. 2168 § 5 (part), 1999.

It is unlawful for any person conducting business by commercial door to door solicitation or sales of merchandise to fail to observe the following requirements:

A. The original, if as a sole proprietor, or a photo copy if as an employee, of a current business tax license issued pursuant to Chapter 6.04 of this code shall be carried on the person.

B. Each employee shall carry a letter of identification from the employer authorizing the employee to represent the employer and possesses the photocopy described in subsection A of this section.

C. A photo identification card, such as a drivers license or other means of identification, shall be carried on the person for verification of subsections A and B of this section.

D. Entry upon private property that is clearly posted against trespassing, solicitation or peddling is prohibited.

E. Sales or display of merchandise upon public sidewalks is prohibited unless permitted pursuant to Chapter 13.30.

F. Sales of merchandise which requires refrigeration, including eggs, is prohibited.

G. Handbills must be placed so as to prevent being blown away by the elements as litter.

H. Vendors shall not remain on private property any longer than one minute, or the time actually necessary to consummate a sale of merchandise, whichever is greater.

I. Vendors must immediately leave private property upon request of the property owner or agent.

(Ord. 2168 § 5 (part), 1999)

(Ord. No. 2019-2458, § 6, 5-21-2019)

Any person violating any provision of this chapter is guilty of an infraction for a first offense with a fine not to exceed one hundred fifty dollars, or a misdemeanor, punishable by a fine not exceeding one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment, for a second or subsequent offense.

(Ord. 2168 § 5 (part), 1999)

A. Nonperishable merchandise vended or displayed in violation of this Chapter 10.22 is subject to impoundment as evidence, and a receipt shall be provided to the vendor following citation and impoundment.

B. The provisions of this Chapter 10.22 may be enforced by any police officer, any code conformance officer, or any other official authorized to enforce any other provision of the municipal code.

(Ord. 2168 § 5 (part), 1999)