Palm Desert Municipal Code Ch. 5.84 Distribution of Literature, Peddling and Solicitation

The city council finds and declares as follows:

A. That the distribution of commercial advertising material upon residential property in the city creates widespread litter which is unsightly, unhealthy, and difficult to remove;

B. That door to door solicitation of commercial or noncommercial goods or services materials or information may intrude upon the rights of residents or the city to enjoy the privacy of their homes and tranquility and security, and serious public offenses have been committed by purported solicitors;

C. That such practices are injurious and inimical to the public health safety and welfare of residents of this city;

D. That such practices should be prohibited to protect the public health, safety, and general welfare of the residents of this city.

(Ord. 321 § 1, 1982; Ord. 1244 § 1, 2012)

It is unlawful to distribute, peddle, pass out, give away, or circulate any printed or written noncommercial literature of any kind whatsoever within the city when the intended recipient thereof, or the owner, occupant, or resident of any property where such literature is left or intended to be left, has notified the distributor or disseminator of such material that they do not wish to receive literature.

(Ord. 321 § 1, 1982)

The notice referred to in the preceding section may be given to a distributor or disseminator of printed or written material by an owner, occupant, or resident of property by one or more of the following means:

A. By posting the property on or near the front door or main entrance thereof with a sign at least twelve square inches in area stating, in effect, "No Handbills," or words of similar meaning;

B. By written communication to the peddler, solicitor, or distributor of material.

(Ord. 321 § 1, 1982)

It is unlawful to throw, cast or scatter any printed or written material of any type whatsoever in or onto any public place; into, or upon any automobile, vehicle or conveyance, or into, or on the yard or grounds or on the doorstep, porch or vestibule of any residence, apartment or dwelling; or upon any vacant lot or other private property within the city.

(Ord. 321 § 1, 1982)

Any printed or written material which may, under this chapter, be passed out, given away, circulated or delivered in the city, 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 to or slipped over a doorknob or other protrusion.

(Ord. 321 § 1, 1982)

The foregoing provisions of this chapter shall not apply to the distribution of folded newspapers of general circulation, as the same are defined in the Government Code of the state, or other folded newspapers, articles, advertising supplements or articles which are routinely delivered on an established schedule and printed by a publisher of a general circulation newspaper.

(Ord. 321 § 1, 1982)

It is unlawful for a peddler or solicitor or person distributing literature, or merchandise of any kind, to refuse to leave any residence, dwelling, apartment, or other private property or public place within the city when requested to leave by the owner, occupant, resident, manager or other person in control thereof.

(Ord. 321 § 1, 1982; Ord. 544 § 1, 1988)

In the event a person is not prohibited by the provisions of this chapter from soliciting for the sale of goods or merchandise, or delivery of other materials or articles, any such activity or selling offering for sale or delivering any material substance of goods shall do so only between the hours of eight a.m. to five p.m., Monday through Saturday with no delivery on Sunday.

(Ord. 321 § 1, 1982; Ord. 1244 § 4, 2012)

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of an infraction in accordance with Chapter 1.12 of this code.

(Ord. 404 § 1, 1984; Ord. 544 § 1, 1988)

No person, firm, corporation, association, club, partnership or any other organization, either employing or contracting with one or more individuals for commercially selling or offering for sale, or soliciting orders of any goods, wares, merchandise or other commercial services at wholesale or retail, will do so without first applying for and obtaining a permit from the city, to call upon public places within the city.

The fee for an annual permit to solicit or peddle in public places shall be one hundred dollars to cover the cost of investigation by police department and processing by the city and is nonrefundable. The permit shall be in addition to any other license or permit fee required by the city.

(Ord. 544 § 2, 1988; Ord. 1244 § 5, 2012)

Applicants for a permit to solicit or peddle in public places in the city must furnish to the city and police department the following information:

A. Applicant's name including his or her description, driver's license, date of birth and age;

B. Applicant's home address, telephone number;

C. Employer and credentials establishing the exact relationship of the applicant to the employer;

D. A description of the goods and services offered;

E. A recent two-inch by two-inch photograph of the applicant showing the head and shoulders;

F. Fingerprints of the applicant to be scheduled with the policy department;

G. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor violation of any municipal ordinance of this or any other city and the nature of the offense and the punishment or penalty assessed therefor (excluding traffic offenses).

(Ord. 544 § 2, 1988; Ord. 1244 § 6, 2012)