Rancho Santa Margarita Municipal Code Ch. 6.03 Charitable and Commercial Solicitations

The purpose of this chapter is to protect and promote the public peace, health and safety by imposing content-neutral reasonable time, place, and manner restrictions on door-to-door charitable and commercial solicitation in residential areas of the City. The City Council finds that such regulations are needed to protect residents in their homes from undue annoyance, such as intimidating and abusive solicitors and intrusions upon the hours of rest, and to prevent crime by discouraging potential or convicted criminals from posing as solicitors.

(Ord. No. 00-27, § 1(4.30.010), 11-16-2000)

As used in this chapter, the following terms shall have meanings as set forth below.

Charitable purpose means for the purpose of any nonprofit organization, including patriotic, philanthropic, social services, welfare, benevolent, educational, religious, civil, or fraternal, either actual or purported.

Commercial purpose means for the purpose of any person, as identified in this section, organized or devoted to selling goods, services, real property, or information for a profit.

Contribution means the giving of anything of value, including money, information (through canvassing and polling), property, or any type of financial assistance, or the pledging of anything of value, including money, property or other type of financial assistance, or the purchasing or offering to purchase anything of value, including, but not limited to goods, services, books, real property, pamphlets, tickets, or subscriptions to publications.

Solicit and solicitation means the request for any contribution for a charitable or commercial purpose, as defined in this section, or the request for a signature, conducted door-to-door at residences. A "solicitation" shall be complete when the request is made, whether or not the person making the request receives any contribution or signature.

(Ord. No. 00-27, § 1(4.30.020), 11-16-2000)

Prior to and while engaging in any solicitation, every person shall fully comply with all applicable State Law, including the provisions for the California Charitable Disclosure Law as set forth in California Business and Professions Code at Section 17510 et seq., as amended from time to time and shall comply with all applicable provisions of this Code, including Title 4. Prior to and while engaging in any solicitation, every person shall fully comply with all applicable sections.

(Ord. No. 00-27, § 1(4.30.030), 11-16-2000)

No person shall solicit:

(1) Between the hours of 9:00 p.m. and 8:00 a.m., except by prior appointment;

(2) At any business, house, apartment, or other dwelling to which is affixed a sign indicating "NO SOLICITORS" or similar indication that no solicitation contact is desired by the occupants thereof;

(3) At any house, apartment or other dwelling within a homeowners' association that maintains private streets, where:

a. The homeowners' association has posted on each entryway to the subdivision a notice in substantially the following form:

Solicitation or peddling at any house, apartment or dwelling unit within the area on the below map is prohibited and subject to criminal prosecution and a fine of up to $1,000.00 and/or imprisonment for up to six months.

b. A map depicting the area within the homeowners' association is attached to the notice; and

c. The homeowners' association has requested in writing that the City extend the provisions of this chapter upon the homeowners' association's property;

(4) By using profane or abusive language or making verbal threats, either during the solicitation or following the refusal to make a contribution or provide a signature;

(5) By stepping onto or over the threshold of a doorway, unless invited to do so by the occupant;

(6) By placing hands, legs, or any portion of the solicitor's body in the doorway so that it reasonably appears that the door may not be closed, unless allowed to do so by the occupant;

(7) By refusing to leave the premises when asked to do so by the occupant.

(Ord. No. 00-27, § 1(4.30.040), 11-16-2000)

Any person receiving money, pledge or order from any contributor by means of a solicitation shall, upon request, give such contributor a written receipt showing the name and address of the solicitor, the date, and the amount received.

(Ord. No. 00-27, § 1(4.30.050), 11-16-2000)