Salinas Municipal Code § 24-1 Purpose of regulation

The city council finds and declares as follows:

(a) That door-to-door solicitation of unwilling residents for any purpose jeopardizes the right of residents in the city to enjoy the privacy of their homes in tranquility and security;

(b) That the interests of residents in privacy and the quiet enjoyment of residential premises are protected by reasonable regulation of the time and manner door-to-door solicitation may take place at residences in the city;

(c) That the risk of consumer fraud increases when the solicitor has no fixed place of business in the city and consumer complaints cannot be resolved locally and expediently;

(d) That the distribution of solicitation materials upon residential property in the city creates widespread litter which is unsightly, unhealthy, and difficult to remove;

(e) That the distribution of solicitation materials upon residential property in the city creates a serious police problem and a threat to public safety and welfare in that residential property becomes cluttered with an accumulation of such material inadvertently advertising the absence of the owner or occupant and increasing the likelihood of criminal activities on the property;

(f) That such practices, if not in compliance with the reasonable regulation thereof, are injurious and inimical to the public health, safety, and welfare of residents of the city, create a public nuisance, and should therefore be regulated by the city.

(Ord. No. 2164 (NCS), § 1.)

Whenever used in this chapter, unless a different meaning clearly appears from the context:

"Charitable solicitation" includes solicitation for philanthropic social services or welfare.

"Commercial solicitation" means any solicitation where the primary purpose of the solicitation is not charitable, political, or religious.

"Contribution" includes alms, food, clothing, money, property, subscription, pledge, and donations under the guise of loans of money or property.

"Person" means any individual, firm, co-partnership, corporation, company, association, or joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent, employee or other similar representative thereof.

"Religious solicitation" as used herein shall not mean and include the word "charitable" as herein defined, but shall be given its commonly accepted definition.

"Residence" means any house, apartment, condominium unit, flat, or dwelling intended for residential use.

"Solicit" and "solicitation" mean any request directly or indirectly, verbally or in writing, for money, credit, property, financial assistance or other thing of value on the person's own behalf or on behalf of another. Solicitation shall also include such requests made by use of the press, radio, television, telephone or telegraph where such solicitation is not otherwise specifically regulated by state or federal law. Solicitation as defined herein shall be deemed to have taken place when the request is made, whether or not the person making the same receives any contribution.

"Solicitor" means any person engaged in solicitation.

(Ord. No. 2164 (NCS), § 1.)

(a) No person shall solicit at any residence or at any business to which is affixed a sign indicating "No Solicitors," "No Peddlers," or any similar indication that solicitation is not desired by the owner or occupant, unless, however, expressly permitted by the owner, lessee, agent or occupant of the premises.

(b) No person shall continue to solicit from another after the desire not to make a contribution has been expressed. No person shall solicit where the owner or occupant of the property has notified the solicitor that he or she is not allowed on the property.

(c) No solicitor shall intentionally obstruct the free movement of any person or vehicle.

(d) No solicitor shall refuse to leave any residence or other private property within the city where requested to leave by the owner or occupant, or an agent of the owner or occupant.

(e) No person shall distribute, peddle, pass out, give away, or circulate any printed or written 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 has notified the distributor or disseminator of such material that they do not desire to receive such material.

(f) No person shall distribute, peddle, pass out, give away or circulate any printed or written literature of any kind whatsoever at any residence or at any business to which is affixed a sign indicated "No Handbills," or words of similar meaning unless, however, expressly permitted by the owner, lessee, agent or occupant of the premises.

(Ord. No. 2164 (NCS), § 1.)

It is unlawful to pass out, give away, circulate or deliver any printed or written material for the purpose of commercial solicitation without having first obtained the permission of the owner, adult occupant, or other person in control thereof:

(a) In any public place in the city; or

(b) Into or upon any motor vehicle within the city; or

(c) In the yard or grounds or on the doorstep, porch or vestibule of any residence within the city; or

(d) Upon any vacant lot or other private property within the city.

(Ord. No. 2164 (NCS), § 1; Ord. No. 2176 (NCS), § 1.)

It is unlawful to throw, cast or scatter any printed or written material in or onto any public place; into or upon any automobile, vehicle or conveyance; in, into or on the yard, grounds, doorstep, porch or vestibule of any residence; or upon any vacant lot or other private property in the city without having first obtained the written permission of the owner, adult occupant or other person in control thereof.

(Ord. No. 2176 (NCS), § 2.)

Any printed or written material which may be passed out, given away, circulated or delivered in the city pursuant to law 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. No. 2176 (NCS), § 3.)

The prohibitions in Sections 24-4 through 24-4.2 shall not apply to solicited newspapers of general circulation as defined in the Government Code or mail distributed by the United States Government.

(Ord. No. 2176 (NCS), § 4.)

No solicitor shall ring the bell or knock on the door of, or attempt to gain entrance to, any residence after nine p.m. of any day and before seven a.m. of any day.

(Ord. No. 2164 (NCS), § 1.)

No person shall, on any public street, alley or sidewalk in the city, or any doorway or entranceway immediately abutting thereon, engage in commercial solicitation for the sale of any subscription to any magazine, periodical, or any other publication, or the sale of any tangible personal property.

(Ord. No. 2164 (NCS), § 1.)

No person shall peddle any toy weapon or item that is representative or a model of any weapon.

(a) For the purposes of this section "peddle" is defined as going from house to house or place to place, or in or along the streets, within the city, selling and making immediate delivery, or offering for sale and immediate delivery, of any goods, wares, merchandise or anything of value, in possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities.

(b) For the purposes of this section "weapon" is defined as a gun, pistol, dirk, dagger, switchblade, knife, shotgun, rifle, air gun, air pistol, slingshot, firearm, knuckles, revolver, BB gun, spring gun, bow and arrow, bayonet, razor and any device designed to project a missile of any type with such force or velocity as to be unsafe or dangerous to any person or property.

(Ord. No. 2288 (NCS), § 1.)

Any person violating any provision of this chapter shall be guilty of a misdemeanor. Each such act of solicitation shall constitute a separate offense.

(Ord. No. 2164 (NCS), § 1.)

If any of the provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or application of this chapter which can be given effect without the invalid provision or application. To this end the various provisions of this chapter are severable and each would have been enacted without the other.

(Ord. No. 2164 (NCS), § 1.)