Rocklin Municipal Code Ch. 5.28 Solicitors

For purposes of this chapter, the following words and phrases shall have the meaning given by this section, unless otherwise specifically provided:

A. "Soliciting" means the going from residence to residence within the city for the purpose of selling, or offering for sale, or vending any goods, wares, merchandise, service or other thing of value, for immediate or future delivery, or for the purpose of requesting monetary donations, pledges, or other things of value for a charitable, religious, cultural, or any other cause.

B. "Solicitor" means any person who, on his or her own behalf or as an agent or employee of another person, carries on or engages in soliciting.

C. "Residence" means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one family.

(Ord. 621 § 1 (part), 1990).

It is unlawful for any person to carry on or engage in soliciting, either on his or her own behalf or as an agent or employee of another person, without first applying for and securing a solicitor's permit from the city, unless exempt from the requirement to obtain a solicitor's permit under Section 5.28.025.

(Ord. 850 § 1, 2001: Ord. 621 § 1 (part), 1990).

The requirements of this chapter which require any person carrying on or engaging in soliciting to apply for, obtain, and carry on his or her person a solicitor's permit and photographic identification shall not apply to any person who meets all of the following requirements:

A. The person carrying on or engaging in soliciting is under the age of sixteen years.

B. The soliciting activity is being conducted solely as a fundraiser for a school or youth (including sports) program, the majority of whose beneficiaries reside within the city.

C. An authorized adult representative of the school or youth program sponsoring the fundraiser notifies the city manager or his or her designee of the fundraiser and the planned soliciting activity no later than twenty-four hours prior to the start of the fundraiser and obtains a copy of the notice described in Section 5.28.040(D).

D. Each person involved in the fundraiser and planned soliciting activity is provided a copy of the notice described in Section 5.28.040(D) prior to the start of the fundraiser and soliciting activity.

This exception is limited to the requirements to apply for, obtain, and carry on his or her person a solicitor's permit and photographic identification. The prohibition in Section 5.28.090 and all other provisions of this chapter shall apply.

(Ord. 850 § 2, 2001).

The provisions of this chapter shall be administered on behalf of the city by the city manager or his designee.

(Ord. 621 § 1 (part), 1990).

The city manager shall prescribe a form for making application for a solicitor's permit which shall require the following information:

A. The name and current street and mailing address of the solicitor and of the solicitor's employer or other person for whom the solicitor will solicit, if any;

B. If the solicitor's employer or principal is other than an individual, the name and address of the employer's or principal's officers and managers;

C. A general statement of the purpose for soliciting;

D. A notice to the solicitor in substantially the following form:

Section 5.28.090 of the Rocklin Municipal Code prohibits soliciting, as defined in Section 5.28.010 of that code, at any residence in the city where there is posted in plain view of any person standing on the sidewalk or in the public right-of-way adjacent to the residence, or at the front door of the residence, a sign so stating "No Solicitors" or words to the same effect or conveying generally the same meaning. Violation of this prohibition may be charged as either an infraction or a misdemeanor in the discretion of the city attorney.

E. An acknowledgment following the notice in substantially the following form:

I, the undersigned, have read the foregoing notice and am aware of and understand the prohibition described therein and in Section 5.28.090 of the Rocklin Municipal Code. Date: _____ Signature of Solicitor _____ Name of Solicitor _____ Name of Solicitor's Employer or Principal _____

F. A verification of the information provided by the solicitor under penalty of perjury.

G. A verification to be executed by the city manager or designee that the solicitor or his or her employer or principal has submitted proof of compliance with Chapter 5.04 of this code relating to business license certificates and business license taxes; and

H. A space for the signature or stamp of the city manager or his designee.

(Ord. 621 § 1 (part), 1990).

Application for a solicitor's permit shall be made by submitting in person a fully completed application form, current business license certificate or a statement setting forth the facts supporting a claim that the applicant's proposed soliciting does not require a business license certificate, and a recognized government issued photographic identification to the city manager or his designee.

(Ord. 850 § 4, 2001: Ord. 621 § 1 (part), 1990).

Upon receipt of a completed application for a solicitor's permit in full compliance with Section 5.28.050, the city manager or designee shall execute the verification of proof of compliance with Chapter 5.04 of this code and shall sign or stamp the form in the space provided. The signed or stamped form with the executed verification shall be the solicitor's permit. The city manager or designee shall provide the solicitor and the solicitor's employer or principal with a copy of the permit.

(Ord. 621 § 1 (part), 1990).

A solicitor shall carry on his or her person a copy of the solicitor's permit and a recognized government issued photographic identification at all times he or she is carrying on or is engaged in soliciting and shall produce the permit and the identification at the request of any city enforcement officer or of any occupant of any residence at which the solicitor solicits.

(Ord. 850 § 5, 2001: Ord. 621 § 1 (part), 1990).

No solicitor's permit shall be assignable or transferable.

(Ord. 621 § 1 (part), 1990).

It is unlawful for any person to solicit at any residence in the city where there is posted in plain view of any person standing on the sidewalk or in the public right-of-way adjacent to the residence, or at the front door of the residence, a sign stating "No Solicitors" or words to the same effect or conveying generally the same meaning.

(Ord. 621 § 1 (part), 1990).

Violation of this chapter shall be a misdemeanor, but may be charged as either a misdemeanor or an infraction in the discretion of the prosecuting attorney.

(Ord. 621 § 1 (part), 1990).