Chapter 5.32 — PEDDLERS AND SOLICITORS

As used in this chapter: "Engaged in business" means the conducting, managing or carrying on of any such business or helping therewith, by any person in any capacity. "Peddler" means and includes any person who travels by foot or by any type of conveyance from door to door, house to house, place to place or street to street, carrying, conveying or transporting food, goods, wares, merchandise or other personal property of any nature whatever, offering or exposing the same for sale or making sales and delivering articles to purchasers, or who without traveling from place to place sells or offers the same for sale from any vehicle or from any place not a permanent store building. "Peddler" also means a person offering goods, wares or merchandise for sale or future delivery from a fixed place of business if the goods, wares or merchandise are sold during a temporary or limited period of time, or seasonally. "Person" means and includes the singular and the plural and also means and includes any individual, firm, corporation, association, club, copartnership, joint venture, and any other organization. "Solicitor" means and includes any person who travels either by foot or by any type of conveyance from door to door, house to house, place to place or street to street, taking or attempting to take subscriptions, contracts of sale, or orders for the sale of foods, goods, wares, merchandise or other personal property of any nature whatever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether he or she collects advance payments on such sales or not. "Solicitor" includes any person who uses or occupies any building, structure, room, shop, conveyance or other place other than a permanent store building within the city for the purpose of exhibiting samples and taking orders for future delivery. "Solicitor" includes persons engaged in "expressive activity" as defined in Section 5.32.030. (Ord. 08-02 § 3 Exh. A (part))

It is unlawful for any person to engage in the business of peddler or solicitor within the city, or to go from door to door or house to house or street to street within the city, for the purpose, direct or indirect, and whether or not the same is the sole purpose, of peddling or soliciting, without first registering pursuant to

Section 5.32.050 of this chapter. Each person engaged in such business or activity shall be required to register, regardless of whether other employees or agents of the same person have registered. (Ord. 08-02 § 3 Exh. A (part))

Excepting Section 5.32.040, this chapter shall not apply to: A. Persons soliciting orders from or selling to retail dealers for use, or for resale, or to manufacturers for processing; B. Public agencies; C. Persons regulated and required to be licensed by the state or any of its agencies, while these persons are actually engaged in the activity for which the license is required; D. Persons delivering a newspaper of general circulation; E. Growers or producers of any agricultural commodity sold or offered for sale on the premises where grown or produced; F. Any person who represents that he or she is engaged in expressive activity. For purposes of this chapter, "expressive activity" means conduct, the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of opinion, views, or ideas, whether or not that conduct involves a request for funds or any other thing of value. (Ord. 08-02 § 3 Exh. A (part))

No person shall peddle or solicit at any premises which are posted with a clearly visible sign bearing the words "No Peddlers or Solicitors" or words of the same import. (Ord. 08-02 § 3 Exh. A (part))

All persons required to register under Sections 5.32.020 and 5.32.030 of this chapter shall register with the Chief of Police or his or her designee by completing a sworn registration form, under penalty of perjury, on a form to be provided by the Chief of Police, which form shall set forth the following information: A. Name, birthdate and description of the registrant; B. Permanent home address and local address of the registrant; C. The name and address of the registrant's business, his or her interest in or relationship with such business, and if the registrant is employed, the name and address of his or her employer and a description of the exact relationship between the registrant and such employer; D. A brief description of the nature of the registrant's business and of the product or service to be peddled or solicited; E. The period of time during which the registrant desires to peddle or solicit in the city; F. A statement as to whether or not the registrant has been convicted of any felony, misdemeanor, or violation of any municipal ordinance, and the nature of the offense and the punishment or penalty assessed therefor; G. Two photographs, two inches by one inch in size, or similar, of the head and shoulders of the registrant; H. Valid state of California identification card, driver's license, or similar identification; I. If a vehicle is to be used, a description of the same, together with the license number or other means of identification. (Ord. 08-02 § 3 Exh. A (part))

At the time of registration, the registrant shall pay the Chief of Police a registration fee in an amount set from time to time by resolution of the City Council to reimburse the city for the cost of processing the

registration. No registration shall be processed unless the registration fee first is paid, and the registration fee is not refundable. (Ord. 08-02 § 3 Exh. A (part))

If the registration form discloses an intent to peddle anything for human consumption, or anything which might endanger the public health, the Chief of Police may refer the matter to the Health Officer who may investigate the registrant and the registrant's equipment, facilities, place of business and/or manner of operation of same, as he or she deems necessary to protect the public health and welfare and to assure compliance with state, county and city sanitation laws and regulations. As used herein, "Health Officer" includes any subordinate(s) he or she designates from time to time for any or all of his or her functions hereunder. (Ord. 08-02 § 3 Exh. A (part))

The Chief of Police may make or cause to be made, within a reasonable time after the filing of a registration form pursuant to Section 5.32.050 of this chapter, an investigation of the veracity of the information provided on the registration form. (Ord. 08-02 § 3 Exh. A (part))

The Chief of Police may refuse to register any person who: A. Has been convicted of any felony, misdemeanor, or other violation involving a particular danger to the occupants of a home. Examples shall include, but are not limited to, murder, rape, burglary, robbery, assault, and arson; or B. Has been convicted of any felony, misdemeanor, or other violation involving fraud or misrepresentation in the conduct of a business. (Ord. 08-02 § 3 Exh. A (part))

A. Except as required under Section 5.32.090 of this chapter, the Chief of Police shall issue to each registrant a proof of registration showing the name of the registrant, the general purpose of the registrant's business,

and the date of expiration of the registration. Every registrant shall at all times when engaged in the business of peddling or soliciting exhibit the proof of registration on his or her person. B. The Chief of Police shall keep a complete record of the information provided on each registration form completed pursuant to this chapter. (Ord. 08-02 § 3 Exh. A (part))

The registration shall be valid for not more than one year from the date on which the Chief of Police issues the proof of registration. The registration may be renewed yearly, upon payment to the Chief of Police, within one month of the expiration date, of a renewal fee in an amount set from time to time by resolution of the City Council. (Ord. 08-02 § 3 Exh. A (part))

The Chief of Police has primary responsibility to enforce this chapter. The fees provided for herein constitute debts to the city, and the city may bring an appropriate civil action to collect them; and criminal and civil enforcement measures are cumulative and not mutually exclusive. (Ord. 08-02 § 3 Exh. A (part))

Any registration 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 registration form; B. Fraud, misrepresentation or false statement made in the course of peddling or soliciting within the city; C. Violation of any provision of this chapter; D. Peddling or soliciting within the city 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 refusal of registration is provided under Section 5.32.090 of this chapter; F. Revocation or suspension of any required Health Department permits. (Ord. 08-02 § 3 Exh. A (part))

Any person aggrieved by any action of the Chief of Police or Health Officer taken pursuant to this chapter shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk, within fifteen (15) days after notice of the action complained of has been mailed or delivered to such person, a written statement giving the appellant's name and address and setting forth fully the grounds of such appeal. The City Council shall set a time and place for a hearing on such 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 decision and order of the City Council on such appeal shall be final. (Ord. 08-02 § 3 Exh. A (part))