Santa Fe Springs Municipal Code Ch. 101 Solicitation, Panhandling, Peddling

It is the purpose of this chapter to assist in the accomplishment of the following goals:

(A) Protection of its citizens from the fear and intimidation accompanying aggressive solicitation;

(B) Protection of its citizens from solicitation in certain confined areas; and

(C) Protection of the privacy and peaceful enjoyment of homes and businesses.

(Ord. 1062, passed 11-13-14)

Aggressive Manner.

(1) Any approach to another person, speaking to, or following a person or people in a manner as would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person, or upon property in the person's immediate possession;

(2) Touching another without such person's consent in the course of soliciting;

(3) Continuing to solicit from a person after such person has made a negative response or otherwise indicated a desire not to contribute;

(4) Intentionally blocking or interfering with the safe or free passage of the person solicited by any means, including causing such person to take evasive action or avoid physical contact or preventing such person from departing the location of the solicitation;

(5) Intentionally following the person solicited, without such person's consent, for the purpose of continuing to solicit after such person has made a negative response or indicated a desire not to contribute;

(6) Making any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat of bodily harm;

(7) Rendering any service to a motor vehicle, including but not limited to cleaning, washing, protecting, guarding, or repairing of said vehicle or any portion thereof, without the prior consent of the owner, operator or occupant of such vehicle, and thereafter soliciting payment for the performance of such service, regardless of whether such vehicle is stopped, standing or parked on a public street or upon other public or private property;

(8) Intentionally blocking, preventing, impeding or interfering with the free and unobstructed ability of the person solicited to enter into or emerge from any vehicle during the course of soliciting, or following a negative response by the person solicited to any such solicitation;

(9) Intentionally blocking, preventing, impeding or interfering with the operation or movement of any vehicle operated or occupied by the person solicited, during the course of soliciting, or following a negative response by the person solicited to any such solicitation; or

(10) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.

Commercial Property. Any real property held, owned, or controlled by private interests and which is zoned by the city for any form of business enterprise, including but not limited to, retail office, commercial, industrial or recreation purpose.

Communal Areas. Any area set aside by the owner in which the public may engage in such matters as discourse, recreation, or entertainment separate and apart from commercial patronage occurring at business establishments. Examples of communal areas include seating areas, plazas, or large walking areas. Restaurant seating restricted to particular patronage does not constitute a communal area.

Contribution. The giving of anything of value, including money, 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.

Public Property. A place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, public parking lot, plaza, school, place of amusement, park, library, playground, entrances, hallway, lobby, and other portion of any business establishment.

Solicitation, Panhandling or Peddling. Includes but is not limited to asking or begging by means of the spoken, written, or printed word or such other act, conducted for the purposes of obtaining an immediate donation or contribution of money or thing of value, signature, or endorsement whether for personal use or as a charitable contribution to any individual or organization, or any other purpose.

(Ord. 1062, passed 11-13-14)

It shall be unlawful for any person to request contributions, engage in panhandling or solicitation in an aggressive manner.

(Ord. 1062, passed 11-13-14)

It shall be unlawful for any person to solicit, request contributions or panhandle when the person solicited is in any of the following places within the city limits:

(A) On any property at which a city facility is located, including but not necessarily limited to properties containing the entirety of the Civic Center complex, the Clarke Estate, fire stations, parks and libraries, and also at any location where the city is hosting or conducting an event;

(B) Inside or within 20 feet of any public restroom;

(C) Within 50 feet of the site of any automatic teller machine (ATM);

(D) At bus stops; or

(E) Any commercial property when such property is affixed with signage stating "NO SOLICITORS", or similar statement to the effect that solicitation is not permitted on the property, or is otherwise permitted only in restricted areas of the property.

(1) Signage requirements:

(a) Excepting commercial property containing communal areas, the property owner shall post a "No Solicitors" sign of a size not less than 22 inches by 17 inches, with lettering of at least one inch in height, at each vehicular entry point to the property.

(b) For commercial property containing communal areas, the property owner shall post signs stating that:

"Solicitation of any type is permitted only in designated areas of the Commercial Property. Violators are subject to prosecution pursuant to § 101.04. Contact the property manager for a permissible solicitation location."

(2) The signage shall be located at prominent entry points of the property, and at such other location which have been designated by the property owner as permissible solicitation locations. The size of the signs shall be not less than 22 inches by 17 inches with lettering of at least one inch in height.

(Ord. 1062, passed 11-13-14)

(A) It shall be unlawful for any person to obstruct any street, road, highway, lane, center median, alley, sidewalk, or driveway in the course of soliciting.

(B) It shall be unlawful for any person to engage in soliciting in a manner that impedes pedestrian or vehicular traffic.

(C) It shall be unlawful for a solicitor to remain in a traffic lane when a traffic control signal allows traffic to flow.

(Ord. 1062, passed 11-13-14)

No person shall solicit in any of the residential zoned areas of the city:

(A) Between the hours of 6:00 p.m. and 8:00 a.m. the following day, unless done by an appointment;

(B) At any house, apartment, or other dwelling to which is affixed a sign indicating "No Solicitors" or similar indication that no solicitation is desired by the occupants thereof;

(C) At any house, apartment, or other dwelling within a homeowner's association that maintains private streets where the homeowner's association has posted on each vehicular entry way to the property a notice in substantially the following form "No Solicitors" or similar indication that no solicitation is permitted by occupants thereof;

(D) By using profane or abusive language or making verbal threats during or after the solicitation;

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

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

(G) By refusing to immediately leave the solicited premises when asked to do so by any occupant, association member, property manager, or representative of the property; or

(H) By knowingly making false statements or misrepresentation about the purpose of the solicitation.

(Ord. 1062, passed 11-13-14)

(A) Nothing herein contained shall apply to bona fide elementary, middle, high school groups engaged in fundraising or to charitable organizations, any person(s) soliciting or accepting contributions for any local, county, state or federal candidate's campaign, provided the candidate has filed the appropriate paperwork pursuant to local, state, and federal regulations, or any person(s) canvassing for any local, county, or federal candidates or issue.

(B) Any person showing proof to the Director of Police Services, or his designee, to be legally exempt from the regulations set forth in this chapter.

(Ord. 1062, passed 11-13-14)

It shall be unlawful for any individual home solicitor, including individuals whose speech is protected by the federal and state constitution to:

(A) Enter the premises of a private residence when a "No Solicitor" sign is posted;

(B) Remain upon any residential premises after the owner/occupant requests the solicitor to depart;

(C) Approach rear or side doors of residential premises;

(D) Block the free passage of the person being solicited;

(E) Intentionally make any physical contact with the person solicited without the person's consent;

(F) Fail to inform the person being solicited of the true identity of the organization the home solicitor represents and, if requested by the person being solicited, fail to produce identification for the organization which the home solicitor represents, including, if applicable, a city business license; or

(G) Blow, ring a bell, or use any sound device, including any loud speaking radio or sound amplifying system, upon any of the city streets, alleys, parks, or other public places or upon any private premises in the city.

(Ord. 1062, passed 11-13-14)

Prior to engaging in any home solicitation activity, all individuals shall register with the Police Services Center. As part of the registration, the solicitor shall provide all of the following:

(A) Proof that he or she has satisfied the requirements under § 35.073 pertaining to a Business Operation Tax Certificate.

(B) A California identification.

(C) An identification card issued by the corporation or organization he or she represents. The identification card must be worn while conducting the solicitation at all times.

(D) The time, date and area of which the solicitor will be canvassing.

(Ord. 1062, passed 11-13-14)