Chapter 5.42 — SOLICITATION

A. Persons and organizations have been and are soliciting funds, support, and opinions 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 funds, support and opinions in certain public areas where
members of the public are not able to easily avoid the solicitation, in areas where the
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. Occupants of residential property who display signs indicating the occupant does not wish
to receive unsolicited handbills and in-person solicitation have received unwanted
solicitation and distribution of printed material delivered in the evening or early morning
hours when the residents’ “no soliciting” signs are less clearly visible to solicitors.

E. 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.

F. The provisions of this chapter that require registration are for the purpose of identifying
commercial solicitors and advising them of the regulations relative to solicitation within
the City.
(Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 2, 2010)

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

“Applicant” means the person applying to the City Manager for a registration card.

“Commercial solicitation” means solicitation related primarily to an economic transaction, such as the exchange of goods or services for a financial fee or cost. This definition shall automatically incorporate court rulings defining the terms “commercial speech” and “commercial solicitation.” This definition shall also include solicitation by for-profit entities that solicit funds on behalf of nonprofit entities, when such for-profit entities are paid for solicitation on the nonprofit entity’s behalf, or retain any portion of funds raised on a nonprofit entity’s behalf.

“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 enterprise 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 U.S. Postal Service in accordance with Federal statute or regulation, and shall include any periodical or current magazine regularly published with not less

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City of Newport Beach, CA § 5.42.020 BUSINESS LICENSES AND REGULATIONS § 5.42.030

than four issues per month and sold to the public.

“Noncommercial solicitation” means religious and political contacts, and solicitation not primarily commercial in nature, and not primarily related to an economic transaction such as the exchange of goods or services for a financial fee or cost. Noncommercial solicitation may include solicitation of monetary or nonmonetary donations to nonprofit entities, when such solicitation is not conducted by a forprofit entity that is paid for solicitation on the nonprofit entity’s behalf, or that retains any portion of the funds solicited on behalf of the nonprofit entity.

“Police Department” means the Newport Beach Police Department.

“Public place” means and includes all publicly owned and maintained streets, sidewalks, alleys, parks, beaches, grounds and buildings.

“Registration card” means the card which authorizes a person to engage in solicitation.

“Residential property” means 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.

“Solicit” and “solicitation” means a request for, or offer of, money, services, opinion, support, information or property.

“Solicitor” means an individual who solicits. (Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 3, 2010; Ord. 2023-22 § 286, 2023)

A. Except as provided in Section 5.42.030, no person shall engage in commercial solicitation in the City of Newport Beach without first applying for, and receiving, a registration card. Multiple registration cards may be issued pursuant to a single application for all solicitors engaged in commercial solicitation on behalf of, and under the immediate direction and control of, the applicant. Commercial solicitors shall carry registration cards on their persons at all times while soliciting and shall display the registration card upon request of any person being solicited or anyone authorized to enforce this Code.

B. The City Manager has no authority to, and shall not, grant, deny, suspend, revoke or refuse to renew any registration card by reason of disapproval or disagreement with the philosophy, opinion, or belief of the card holder. (Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 4, 2010)

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;

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

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City of Newport Beach, CA § 5.42.030 NEWPORT BEACH CODE § 5.42.040

E. Newspapers or magazines that have not been contacted by owners or occupants of property
and instructed not to deliver such materials to that property or dwelling unit;

F. Electronic solicitation, direct solicitation through United States mail or conducted solely by
means of radio or television broadcasts;

G. Any person who is engaged in, or acting as an agent for, any business entitled to an
exemption from local taxation by reason of its being engaged in interstate commerce shall
be required to make application for a registration card in accordance with the requirements
of this chapter, but shall be exempt from any fee upon satisfactory evidence being presented
to the City Manager of his/her right to an exemption.

H. Sidewalk vendors to the extent their activity is regulated under Chapter 5.97, or any
successor chapter.
(Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 5, 2010; Ord. 2018-19 § 2, 2018; Ord. 2023-22
§ 287, 2023)

A. At least ten (10) days prior to the date the applicant intends to engage in commercial solicitation, an application for a registration card shall be made to the Police Department on forms supplied by the City. The Police Department may, for good cause shown, allow the filing of an application less than ten (10) days prior to the date the card is requested.

B. The application shall contain the following information:

1. The full name, mailing address, principal business or residential address and
telephone number, and the nature of the relationship between the applicant and the
card holder, including whether the applicant is a volunteer, a paid officer or employee,
an independent contractor, or an agent of the card holder;

2. Written authorization of permission to solicit from any person or organization for
which the applicant intends to solicit;

3. Where applicable, documentation from the State that the cardholder is in compliance
with California Government Code Section 12599;

4. If the applicant is:

a. An individual, the application shall state the full name, mailing address and
principal business or residential address and telephone number;

b. A partnership, the application shall state the full name, mailing address, and
principal business or residential address and telephone number of each partner.
However, if there are more than ten (10) principal partners, only the ten (10)
principal partners need to be listed;

c. A corporation, the application shall state whether it is organized under the laws
of California or is a foreign corporation and, if a foreign corporation, the place
of incorporation, the full name, mailing address, and principal business or
residential address, the State Corporation or Federal Employer Identification
Number, and telephone number of the individual in charge of the local office of
the corporation and of three principal officers or directors of the corporation;

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City of Newport Beach, CA § 5.42.040 BUSINESS LICENSES AND REGULATIONS § 5.42.080

d. An association, the application shall state mailing address, principal business or residential address, State Corporation or Federal Employer Identification Number, and telephone number of the association and the full name, mailing address, principal business or residential address and telephone number of three principal members of the association. If the association is part of a multistate association, the mailing address and principal business or residential address and telephone number of its central office shall also be given;

5. The full name, mailing address, principal business or residential address and
telephone number of each individual who will be in charge of supervising the
solicitation;

6. The full name of each individual who will be soliciting on behalf of the card holder;

7. The time during the day when the solicitation will be made and the dates for the
commencement and termination of the solicitation;

8. A general outline of the method or methods to be used in conducting the solicitation,
including the number of solicitors to be used;

9. A statement that the registration card will not be used or represented in any way as an
endorsement by the City or any department, officer, or employee thereof.

C. If, while the application is pending or during the term of any card granted thereon, there is
any change in fact, policy, or method that would alter the information given in the
application, the applicant shall notify the Police Department in writing within twenty-four
(24) hours after such change.
(Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 6 (part), 2010; Ord. 2023-22 § 288, 2023)

An applicant for a registration card shall, when the application is filed, pay the fee established by resolution of the City Council. The filing fee shall not exceed the administrative cost of processing the application and issuing the card. (Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 6 (part), 2010)

The Police Department shall issue the card to the applicant within ten (10) days after the date the completed application is filed. (Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 7 (part), 2010)

A registration card shall be valid for the period of time stated in the application but in no case shall the time exceed a period of one year from the date of the issuance of the permit. (Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 7 (part), 2010)

No registration card issued pursuant to this chapter shall be transferred or assigned, and any attempted assignment or transfer shall be void.

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City of Newport Beach, CA § 5.42.080 NEWPORT BEACH CODE § 5.42.130

(Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 7 (part), 2010)

The City Manager or Police Department may waive the requirements of this chapter in whole or in part when he/she/it determines that a waiver is necessary to allow the solicitation of immediate aid in response to an emergency. (Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 8 (part), 2010)

No person shall distribute, deposit or place any handbill or any other written material in or on any public place. The provisions of this section shall not prohibit any person from personally delivering a handbill in any public place to any person willing to accept the handbill. (Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 8 (part), 2010)

No person shall distribute, deposit or place any handbill, or any other written material, in or upon any automobile or other vehicle in the City that displays a sign stating “No Handbills” or sign with similar wording that indicates the vehicle’s owner or driver does not wish to receive such materials. (Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 9 (part), 2010)

No person shall distribute, 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. All handbills distributed to, or deposited or placed in, any residential property shall contain a legible notice to the effect that anyone who does not desire to receive additional handbills may notify the person or organization responsible for the distribution, whose name, address and phone number shall be listed on the handbill. Subsequent to receipt of notice that the occupant does not desire additional handbills, the registration card holder(s) shall not distribute handbills to that residential property. (Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 9 (part), 2010)

List.

Occupants of residential properties who visibly display “No Soliciting” signs, or signs with similar wording, may annually request to have their addresses included on a registry of residential properties whose occupants do not wish to receive unsolicited handbills or commercial solicitation. The registry shall be maintained by the City Manager’s Office and through the City’s website, and shall be available on the City’s website to the public and all potential commercial and noncommercial solicitors. It shall be a violation of this section for any commercial or noncommercial solicitor to distribute hand-bills or engage in commercial solicitation at or to any dwelling unit that is included on the City’s “no soliciting” registry. (Ord. 2010-6 § 10 (part), 2010; Ord. 2023-22 § 289, 2023)

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City of Newport Beach, CA § 5.42.130 BUSINESS LICENSES AND REGULATIONS § 5.42.170

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. 98-5 § 1 (part), 1998; Ord. 2010-6 § 10 (part), 2010)

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. 98-5 § 1 (part), 1998; Ord. 2010-6 § 10 (part), 2010)

The provisions of this chapter shall not apply to the distribution of mail by the United States Post Office. (Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 10 (part), 2010)

No person shall solicit in any public place by means of loud and unreasonable noise that could reasonably be expected to disturb persons of ordinary sensitivity. (Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 10 (part), 2010)

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

A. No solicitation is permitted between the hours of 9:00 p.m. and 8:00 a.m., except by prior
appointment;

B. No commercial 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, unless invited to do so by
the occupant(s);

E. No solicitor shall 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;

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

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

1. During a live presentation or performance on any City property, unless the solicitation
is authorized by the City or a special event permit;

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City of Newport Beach, CA § 5.42.170 NEWPORT BEACH CODE § 5.42.170

2. Inside a public transportation vehicle or public facility;

3. Within fifty (50) 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 waiting to gain admission to a place or vehicle, or
waiting to purchase an item or admission ticket;

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

I. 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;

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

K. 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;

L. No solicitor shall knowingly make false statements or misrepresentations during the course of the solicitation. (Ord. 98-5 § 1 (part), 1998; Ord. 2010-6 § 10 (part), 2010; Ord. 2023-22 § 290, 2023)

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City of Newport Beach, CA § 5.43.010 BUSINESS LICENSES AND REGULATIONS § 5.43.030