Shafter Municipal Code Ch. 5.36 Peddlers, Canvassers and Solicitors

Footnotes:

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Editor's note— Ord. No. 733, § 2(Exh. A), adopted April 5, 2022, amended and restated former Ch. 5.36, §§ 5.36.010—5.36.160, in its entirety to read as herein set out. Former Ch. 5.36 pertained to similar subject matter and derived from Ord. No. 639, § 1, adopted Sept. 20, 2011.

For purposes of this chapter, the following definitions shall apply:

A. "Peddling" includes the act of any person, whether a resident of the city or not, traveling by foot, vehicle, or any other type of conveyance, from door-to-door, place-to-place, house-to-house, or street-to-street, carrying, conveying, or transporting goods, wares, merchandise, other personal property of any nature or services in which the person deals. A person who engages in the act of peddling shall be referred to as a "peddler."

B. "Soliciting" includes the act of any person, whether a resident of the city or not, traveling by foot, vehicle, or any other type of conveyance, from door-to-door, place-to-place, house-to-house, or street-to-street, requesting directly or indirectly, money, credit, personal property, or other thing of value or taking or attempting to take orders for the sale of goods, wares and merchandise, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future. A person who engages in the act of solicitation shall be referred to as a "solicitor."

C. "Canvassing" includes the act of any person, other than a peddler or a solicitor, whether a resident of the city or not, traveling by foot, vehicle, or any other type of conveyance, who goes from door to door, place to place, house to house, or street to street conducting a poll, survey, or petition drive, or sharing, communicating or otherwise conveying ideas, views or beliefs, or disseminating oral or written information to a person willing to directly receive such information, whether political, religious, commercial, non-commercial, charitable or otherwise. A person who engages in the act of canvassing shall be referred to as a "canvasser."

D. "Handbilling" includes the act of any person who casts, deposits, places, scatters or throws any commercial or noncommercial handbill, pamphlet, circular, newspaper, paper, booklet, poster, leaflet, or other printed matter onto the property of a business or residence in the absence of a subscription agreement.

E. "Chief law enforcement officer" means the chief of police of the city, or his or her designee.

F. "Person" shall mean any individual, group, firm, partnership, corporation, joint venture, company, club, association, religious organization, sect, denomination, society, league, and any other organization.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

It is unlawful for any person to peddle or solicit as described in Section 5.36.010(A) or Section 5.36.010(B) without having a permit from the city issued pursuant to this chapter that is valid, unrevoked and in effect at all times. Such permit shall not be transferred to any person or used by any person other than the person named in and issued the permit.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

Every solicitor or peddler, at all times while engaged in soliciting or peddling shall wear, or have in his or her immediate possession, a driver's license or other valid photo identification card, showing such peddler or solicitor's name and permanent address, and the permit issued to him or her by the city pursuant to this chapter, and when so soliciting or peddling shall display the same upon demand of any police officer of the city and upon demand of any person to whom he or she is soliciting or peddling. No person issued a permit shall alter, remove, or obliterate any entry made upon such permit, or deface such permit in any way.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

Any person desiring a permit to engage as a solicitor or peddler and who demands, accepts or receives payment or deposit of money in advance of final delivery of the goods, wares or merchandise sold, or final performance of the services solicited or who is soliciting funds or contributions, except as hereinafter provided, shall file with the planning department of the city a bond in the penal sum of five hundred dollars executed by a surety company or by two responsible freeholders residing in the city, or in lieu thereof, a cash bond of equal amount, conditioned upon the making of final delivery of the goods ordered or services to be performed in accordance with the terms of such order, or failing therein that the advance payment on such order be refunded, or conditioned upon the ultimate delivery to the fund or organization for which funds are solicited. Any person aggrieved by the action of any such solicitor or peddler shall have the right of action on the bond for recovery of the money or damages, or both. Such bond shall remain in full force and effect and, in the case of a cash deposit, the same shall remain on deposit with the city treasurer for a period of ninety days after the expiration of any such permit, unless sooner released by the city council.

The city manager, upon written request by the applicant and upon good cause being shown, may waive the requirement of filing of such bond.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

A. An application for a peddlers and solicitors permit pursuant to this chapter shall be made to the city's planning department on a form provided by the planning department, signed under penalty of perjury and accompanied by a fee as set by resolution of the city council which shall not exceed the actual cost of processing the application. Such application shall be filed with the planning department. The chief law enforcement officer, on behalf of the planning department, shall verify the accuracy of the information set forth in the application and shall deny the permit if the application contains false information, if the applicant has ever been convicted of any felony or misdemeanor, or if the entity on whose behalf the applicant will be peddling or soliciting, where applicable, has previously been found to have engaged in fraudulent business practices. Otherwise, the permit shall be issued no more than five ten (10) business days following the planning department's receipt of a completed application accompanied by the application fee.

B. The application required in this chapter shall contain all of the following information:

1. Name and birth date of the applicant;

2. Permanent home address and local address of the applicant;

3. The name and address of the person by whom the applicant is employed, if applicable;

4. A brief description of the nature of the applicant's business and goods to be sold and the location and premises where the activity will be conducted;

5. The length of time applicant has engaged in such business and the dates and places he has been engaged therein during the preceding five years;

6. Statement as to whether or not the applicant holds a state license for such sales, and if so, copy of sales tax certificate issued by state and sales tax number;

7. Statement setting forth the dates of permits granted to the applicant by the city for the preceding five years;

8. Statement whether or not the applicant is required to post a bond pursuant to Section 5.36.040 of this chapter and if so required, affirming the applicant or business on whose behalf applicant will be peddling or soliciting has posted such bond;

9. Statement whether or not the business on whose behalf applicant will be peddling or soliciting has ever been found to have engaged in fraudulent business practices.

10. A signed consent agreement for the chief law enforcement officer, through a LiveScan fingerprint process, that allows the chief law enforcement officer to obtain a state summary criminal history information as provided in Section 11105 of the Penal Code.

C. All such applications shall be accompanied by the fee established by the city council. The application fee is not refundable.

D. If while such application is pending, or during the term of any permit granted pursuant to this chapter, there is any change in fact that would alter the information given in the application, the applicant shall notify the planning department in writing within twenty-four hours of such change. Such change in fact may constitute grounds for revocation.

E. Such permit shall be valid for not more than one hundred eighty days following the date of issuance unless earlier revoked pursuant to this chapter.

F. The permit shall bear the name and address of the person by whom the solicitation or sale is to be made, the number of the permit, the date of issuance and expiration, and the kind of goods or services to be peddled or solicited pursuant to such permit, together with a statement that the permit does not constitute an endorsement by the city or any of its departments, officers or employees of the purpose of the person conducting the solicitation or sale.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

A. Any permit applied for or issued pursuant to this chapter may be denied or revoked at any time by the planning department and/or chief law enforcement officer for any of the following reasons:

1. Fraud, misrepresentation or false statement contained in the application for a permit;

2. Fraud, misrepresentation or false statement contained in the course of carrying on the activity authorized by such permit;

3. Violation of any provision of this chapter;

4. Conducting the activity authorized by the permit in an unlawful manner, or in such a manner as to cause a breach of the peace or as to constitute a menace to the health, safety, or general welfare of the public;

5. Conviction of any felony or of any misdemeanor involving theft, violence, drugs or of a trespassing nature, or finding of fact that if known would have prevented the initial issuance of the permit;

6. Failure to pay any judgment arising from or connected with the activities authorized by the permit; or

7. Failure to post bond as required by Section 5.36.040 of this chapter.

B. The planning department and/or chief law enforcement officer shall give written notice of the suspension or revocation of the permit to the permitted either in person or by mail at the address listed on the permittee's application.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

Any person aggrieved by any action of the city pursuant to this chapter or who wishes to challenge the decision of the planning department and/or chief law enforcement officer on any permit application including but not limited to the planning department and/or chief law enforcement officer's decision to issue or deny a permit shall file a letter of appeal with the city clerk within ten days of the aggrieving action. The letter shall be addressed to the city council, shall set forth the grounds for the appeal and shall be accompanied by permittee's appeal fee as established by resolution of the city council. The city council shall set the time and place for hearing such appeal, and written notice of such time and place shall be given to the applicant by the city clerk either in person or by mail at the address listed in the permittee's application at least ten days prior to the date set for the hearing at which hearing the applicant will present his case and any other interested person may present testimony for or against the applicant.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

A. At the time and place specified in the notice, or at such later time to which the hearing may be continued, the city council shall hear the appeal.

B. The applicant has the burden of presenting all necessary evidence from which findings required by this section may be made. The city council may order a permit be issued to the applicant if it finds that all of the following conditions are satisfied:

1. The application has been fully, accurately, and truthfully completed;

2. The applicant has not been convicted of any felony or of any misdemeanor involving theft, violence, drugs or of a trespassing nature;

3. The business for which the applicant proposes to peddle or solicit has never been found to have engaged in fraudulent business practices;

4. The applicant or the business for which the applicant proposes to peddle or solicit has posted a bond if required by Section 5.36.040 of this chapter;

5. Neither the applicant nor his operation is likely to be injurious to the public welfare; and

6. All applicable laws and ordinances are complied with.

C. If the city council does not make all of these findings, it shall deny the appeal. The decision of the city council is final.

D. The city council may impose reasonable conditions on the issuance of a permit which is granted upon appeal.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

A. No peddler, solicitor, or canvasser shall ring the bell of, or knock on the door of, or attempt to gain admittance to any residential property, or contact or attempt to contact any occupant of any house or dwelling, where there is posted, affixed or otherwise displayed, in letters not less than one inch in height and clearly visible from the public right-of-way or normal entryway to such house or dwelling, a sign prohibiting such soliciting, peddling or canvassing.

B. No peddler or solicitor shall attempt to peddle or solicit on any private commercial property, including those normally open to the general public, where there is posted at all entrances thereto, in letters not less than one inch in height, and clearly visible to persons entering, a sign or placard prohibiting such soliciting or peddling.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

A registry for residents and property owners prohibiting peddling and soliciting at their address or addresses shall be maintained by the city of Shafter and provided to applicants upon issuance of permit.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

It is unlawful for any solicitor, peddler or mobile vendor, or any person on his or her behalf, to shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of this city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which such licensee proposes to sell during the hours of six p.m. on any day and nine a.m. of the following day, and also between nine a.m. and one p.m. on Sundays. A violation of this section is a misdemeanor and shall be subject to penalty as set forth in Chapter 1.08 of this code. Ice cream vendors are exempt from this section pursuant to Section 5.56.120(A)(10) of this code.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

No person shall engage in any act of peddling, soliciting, or canvassing between the hours of six p.m. and nine a.m. local time, except by appointment.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

Every person who engages in soliciting or peddling shall maintain a system of accounting whereby all monies collected by such person are entered upon the books or records of such person.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

No person shall sell, offer for sale, give away, solicit the sale of, or expose for sale upon any street sidewalk or parkway any goods, wares or merchandise, fruits vegetables, peanuts, popcorn, candy ice cream or other edible merchandise within two hundred and fifty feet of a school or park without first obtaining permission from the city manager.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

A. The provisions of Section 5.36.020 shall not apply to the act of carrying, conveying, delivering or transporting milk, dairy products, newspapers or other goods, to regular customers on established routes, solicitation at wholesale or business premises within the city, or to charitable or religious solicitations that are conducted solely by members of said charity or religion, at regular assemblies, meetings, services.

B. Nothing in this chapter shall prohibit persons from distributing handbills door-to-door within the city without a permit, subject to the regulations set forth in this chapter. However, any act of handbilling shall comply with any regulation the city may from time to time adopt relating to the distribution of handbills.

C. Nothing in this chapter shall prohibit persons from canvassing door-to-door within the city without a permit, subject to the regulations set forth in this chapter. Additionally, solicitation of donations made incidental to such canvassing is excluded from the permit requirements of this chapter.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

Engaging in or practicing any activity described in Section 5.36.010(A) or 5.36.010(B) without first having procured a permit to do so, or engaging in or practicing any activity described in Section 5.36.010(A), 5.36.010(B) or 5.36.010(C) without complying with any and all regulations of such activity contained in this chapter, constitutes a nuisance and a separate violation of this chapter for each and every act that is engaged in or carried on in violation of this chapter. In addition, any person who violates the provisions of this chapter shall be deemed guilty of an infraction for the first violation and a misdemeanor for each subsequent violation thereafter, and shall be subject to penalty as set forth in Chapter 1.08 of this code.

(Ord. No. 733, § 2(Exh. A), 4-5-22)

It shall be the duty of the planning department and/or chief law enforcement officer to investigate any complaints of violations of this chapter and to enforce the provisions of this chapter.

(Ord. No. 733, § 2(Exh. A), 4-5-22)