Portola Valley Municipal Code Ch. 5.40 Solicitation

Footnotes:

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Editor's note— Ord. No. 2010-385, § 1, adopted April 28, 2010, amended chapter 5.40 in its entirety to read as herein set out. Former chapter 5.40, §§ 5.40.010—5.40.120, pertained to peddlers and solicitors, and derived from Ord. 1964-25 §§ 1.01—1.12, 2.01, adopted 1964.

The provisions of this chapter are designed to constitute reasonable and content-neutral time, place and manner restrictions and limitations which allow persons and organizations ample opportunity to solicit contributions, opinions and support while protecting and promoting the public peace, health, safety and welfare of the residents of the town.

(Ord. 2010-385 § 1, 2010)

For purposes of this chapter, the following terms shall have the following meanings:

A. "Applicant" means any person applying for a solicitation permit.

B. "Contribution" includes, but is not limited to, gifts, food, pledge, money, clothing, property, loan, donation, payment for subscription or other publication, or any other thing of value.

C. "Participant" means any person who obtains a solicitation permit under an applicant.

D. "Person" means any individual, partnership, corporation, or association, firm, company, society, organization, church, congregation, assembly, or league, and shall include any director, officer, trustee, receiver, assignee, volunteer, agent, employee, or other similar representative thereof.

E. "Public place" means and includes all publicly owned and maintained streets, sidewalks, alleys, parks, grounds and buildings.

F. "Residence" includes 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.

G. "Solicit" or "solicitation" means the act of going from door-to-door or from place-to-place in the town and selling or taking orders for or offering to sell or take orders for goods, wares or merchandise or any other thing of value for present or future delivery or for services to be performed immediately or in the future or the making of any oral or written request for any contribution.

H. "Solicitation permit" means the permit from the town authorizing a person to solicit.

I. "Solicitor" means an individual who solicits.

J. "Town manager" means the town manager or his/her designee.

K. "Vehicle" means a vehicle defined in California Vehicle Code Section 670, as it now reads or as hereafter amended.

(Ord. 2010-385 § 1, 2010)

No person shall solicit in the town without first applying for and receiving a solicitation permit from the town manager.

(Ord. 2010-385 § 1, 2010)

The provisions of this chapter shall not apply to the following:

A. Door-to-door contact made solely for evangelical, missionary, religious, political or other purposes which do not involve the request for or solicitation of any contribution.

B. Door-to-door contact involving only requests for signatures (e.g., political petitions).

C. Any organization's solicitation of its members or solicitations upon premises owned or occupied by the organization on whose behalf such solicitation is made.

(Ord. 2010-385 § 1, 2010)

A. An application for a solicitation permit shall be made to the town manager. The application shall be filed with the town at least three days prior to the time at which the permit to conduct solicitation shall become effective.

B. The application shall contain the following information:

1. Name, address and telephone number of the applicant. If multiple permits are sought under one applicant, the application must include the name of each participant over the age of eighteen years;

2. Name, address, telephone number of the person for whom the applicant will be soliciting; and

3. Make, model and license number of any vehicle applicant anticipates using in town in connection with the solicitation.

C. Applicant must pay the town's solicitation permit fee at the time of application.

(Ord. 2010-385 § 1, 2010)

The town manager shall examine relevant documents and materials to determine the accuracy of the information provided on the application for a solicitation permit.

(Ord. 2010-385 § 1, 2010)

A. The town manager shall either grant or deny the requested solicitation permit within three days of the date the application is made. The solicitation permit shall be granted if the town manager finds all of the statements made in the application are true and a solicitation permit for the same applicant and/or participant has not been revoked within the preceding twelve months.

B. In the event the town manager fails to act upon an application within three days of the date the application is made, the permit shall be deemed granted.

C. The town manager has no authority to, and shall not, grant, deny or revoke any solicitation permit by reason of disapproval or disagreement with the philosophy, opinion, or belief of the applicant or permit holder.

(Ord. 2010-385 § 1, 2010)

A. Permits issued under this chapter shall bear the name, address and telephone number of the applicant, the name of any participants, the person on behalf of whom the individual is soliciting, the date the solicitation permit was issued and the expiration date, and a statement that the solicitation permit does not constitute an endorsement by the town or by any of its departments, officers or employees of the purpose of, or the person conducting the solicitation.

B. All permits must be signed by the town manager.

(Ord. 2010-385 § 1, 2010)

A. Each solicitor shall carry, at all times while engaged in solicitation in the town, his/her valid permit issued in accordance with this chapter and shall present such permit upon request.

B. No person shall solicit or attempt to solicit at any residence or any public place where there is a sign indicating "No Soliciting" or "No Solicitors." No solicitor shall solicit or attempt to solicit where the occupant has posted any other similar sign which indicates that the occupants do not wish to be solicited or in any other way have their privacy disturbed.

C. The town shall provide each applicant a copy of the list of addresses of town residents who have notified the town that they wish no solicitation at any time ("do not solicit list"). Applicant shall be responsible for providing all participants with copies of the "do not solicit list." Solicitors shall not solicit at any of the listed addresses and the solicitation permit shall be revoked immediately for solicitation at any of the addresses on the "do not solicit list."

D. Permits issued pursuant to this chapter shall be valid for a maximum of ninety days. No person shall solicit with an expired permit.

E. No person shall solicit at any residence or public place after nine p.m. or before nine a.m., unless such person has been requested or invited to do so by the owner or occupant of the premises.

F. No person shall engage in aggressive solicitation or door-to-door contact which includes, but is not limited to, approaching or following a pedestrian, repetitive solicitation or contact despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic.

G. No solicitation permit issued, pursuant to this chapter, shall be transferred or assigned. Any attempted assignment or transfer shall be void and result in the immediate revocation of the solicitation permit.

(Ord. 2010-385 § 1, 2010)

A. If the town manager has reason to believe that a solicitor has violated any of the limitations and prohibitions in Section 5.40.090 or any other provision of this chapter, the town manager may revoke the solicitation permit. The town manager shall give notice of the revocation, effective immediately, by mail to the solicitor at the address on the permit application.

B. If a solicitation permit is revoked, the person whose solicitation permit was revoked shall promptly surrender his/her solicitation permit to the town manager.

C. Violations of any provision of this chapter shall be punishable as an infraction in accordance with Section 1.12.060 of this Code.

(Ord. 2010-385 § 1, 2010)

A. Any person to whom the issuance of a solicitation permit has been denied or whose solicitation permit has been revoked may appeal such decision to the town council by filing a written notice of appeal with the town manager within fifteen days after the date of the notice of denial or revocation.

B. The town manager shall set the matter for appeal on the earliest regular town council meeting available, unless the appellant consents in writing to a later date.

C. The town council shall conduct a hearing on the appeal. The town manaer and appellant shall have the right to call and examine witnesses, to impeach witnesses, and to rebut evidence. The hearing need not be conducted according to the technical rules relating to evidence. The decision of the town council shall contain findings of facts and determination of the issues presented.

(Ord. 2010-385 § 1, 2010)