Simi Valley Municipal Code Ch. 12 Itinerant Hawkers, Peddlers, Solicitors, and Merchants

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Sections 5-12.01 through 5-12.15, recodified from Sections 2341 through 2354, S.V.M.C., as amended by Ordinance Nos. 247, effective July 14, 1976, and 570, effective May 16, 1984, repealed in their entirety by Ordinance No. 645, effective November 5, 1986. Sections 5-12.01 through 5-12.17, codified from Ordinance No. 645 and Section 5-12.18, codified from Ordinance No. 684, amended in their entirety by Ordinance No. 746, effective March 14, 1991.

For purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Hawker" shall mean a peddler who not only carries goods for sale but seeks for purchasers, either by shouting, or by attracting notice and attention to his goods for sale by the actual exhibition or exposure of such goods, or by placards or labels, or by the sound of a horn, or by other means.

(b) "Peddler" means any person who engages in the act of peddling, as defined in this section.

(c) "Solicitor," "drummer," or "canvasser" shall mean any person who goes from house to house or from place to place taking, or attempting to take, orders for the sales of goods, wares, and merchandise of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has a sample, or whether or not he is collecting advance payments. "Canvasser" shall also include any person who goes from house to house or place to place for the purpose of leaving samples and/or advertisements for any goods, wares, or merchandise or for services to be rendered.

(d) "Transient or itinerant merchant" shall mean any person who establishes himself in business with the intention and determination to remain in business for a short period of time only, whether such period is a definite or indefinite one, such as a period of one or more weeks or months, or until a particular stock of merchandise is disposed of, or until the local market for the commodity handled by the dealer has been exhausted, and who, for such limited period, engages or occupies a building or other place for the exhibition and sale of his goods or wares.

(e) "Peddle" and "peddling" means using a motorized vehicle from place-to-place, house-to-house, or from street-to-street, carrying, conveying or transporting goods, wares, merchandise, or food and concurrently offering or exposing the same for sale. Peddling does not cover sidewalk vending activity, which is covered by Chapter 5-45 of this Code.

(f) "Public sidewalk or street" means all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks and public ways or dedicated easements for public rights-of-way.

(§ 1, Ord. 746, eff. March 14, 1991, as amended by § 2, Ord. 1109, eff. March 15, 2007 and § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

No person, whether or not a resident of the City, or whether or not the person maintains or is employed at an established place of business, shall engage in the City in the business of peddler, hawker, transient or itinerant merchant, solicitor, or canvasser without first obtaining a permit therefor, with the exception of charitable, religious, and nonprofit organizations as set forth in Section 5-12.03 of this chapter.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

Any person soliciting on behalf of any institution or organization recognized by a tax board of the State and the Internal Revenue Service of the United States, which institution or organization is conducted wholly for the benefit of charitable, religious, or nonprofit purposes and from which profit is not derived, either directly or indirectly, by any person, shall be exempted from the requirements of a solicitation permit, but such institution or organization shall be required to register with the Chief of Police in accordance with this chapter. There shall be no fee for such registration.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

Any institution or organization desiring to register as a charitable, religious, or nonprofit organization shall submit a registration form to the Chief of Police prior to the commencement of any solicitation campaign by any representative of such organization setting forth the following information:

(a) The name of the organization;

(b) The type or general description of the organization;

(c) The address and telephone number of the organization;

(d) The duration of the activity, which may not exceed one year per registration;

(e) The approximate number of solicitors to be used during the campaign;

(f) The approximate scope of the solicitation in terms of locations within the City which will be solicited;

(g) The signature of the registrant on behalf of the organization and his name, address, and telephone number; and

(h) The date on which the State and Federal tax-exempt status was granted, and a copy of the organization's State and Federal nonprofit status document shall be attached to the application.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

A registration for a charitable, religious, or nonprofit organization shall expire at the end of the period of duration of the activity as stated by the registrant on the registration form, but not to exceed one year after the date of the submission of the registration, or one year if no period of duration is indicated by the applicant.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

Any person desiring to obtain the permit required by this chapter shall make a written application to the Chief of Police therefor, signed under penalty of perjury, setting forth the following information:

(a) The name of the applicant;

(b) The residential address of the applicant;

(c) The business address of the applicant and the name of the business and names of the employers;

(d) The residential and business telephone numbers of the applicant;

(e) The type of business activity;

(f) The California or out-of-State driver's license number or the applicant's Department of Motor Vehicles Identification numbers;

(g) The applicant's social security number;

(h) A physical description of the applicant;

(i) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor, exclusive of City or County Code violations and violations of the Vehicle Code of the State not constituting a felony, the nature of the offense, and the place, date, and disposition of the charge, including the penalty assessed;

(j) A statement as to whether or not the applicant has ever had a license of any kind suspended or revoked and the circumstances surrounding the suspension or revocation; and

(k) A statement as to the number of vehicles used in his trade, and from which the products of the applicant are sold or delivered, and the type, make, year of model, and license number of all such vehicles.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

The application for the permit shall not be accepted for processing if it is incomplete.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

Within ten (10) working days after the receipt of a completed application, the Chief of Police shall issue a permit.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

Any permit issued pursuant to the provisions of this chapter shall be void from the date of issuance if any statement or information submitted by the applicant pursuant to the provisions of this chapter is untrue. This provision is in addition to any criminal penalties for perjury which may be applicable.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

One permit will be sufficient for any person engaging in more than one of the businesses defined in this chapter, irrespective of the number of bona fide employers or businesses designated in the permit. No permittee shall engage in any business not designated in the permit, or in any business for an employer not designated in the permit, unless and until such permittee amends his application to designate such business or employer.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

The fee for obtaining the permit required by this chapter shall be set by resolution of the Council. Senior citizens over the age of sixty-five (65), juveniles under the age of eighteen (18), and veterans physically unable to obtain a livelihood by manual labor who qualify under Sections 16001 and 16001.5 of the Business and Professions Code of the State shall be exempted from paying such fee.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

Permits issued pursuant to this chapter shall expire one year after the date of issuance, or at the end of the duration of the activity as stated by the registrant on the registration form, whichever occurs first.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

Any violation of the provisions of this chapter shall be deemed an infraction and punishable pursuant to Section 1-2.03 of Chapter 2 of Title 1 of this Code, unless a defendant has been convicted of three (3) or more violations of this Code, in which case the violation shall be deemed a misdemeanor and punishable pursuant to Section 1-2.02 of said Chapter 2.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

The permit required by this chapter shall be exhibited by the permittee whenever requested by a law enforcement officer or any person to whom the permittee is engaged in selling or soliciting.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

No person required to have a permit pursuant to this chapter or representing an institution or organization required to register pursuant to this chapter shall go to or enter any residence, hotel, or other dwelling place between the hours of 9:00 p.m. and 7:00 a.m. for the purpose of engaging in the business for which he has a permit or to solicit for which he has registered, except upon an invitation of the occupant of the dwelling place.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

No person required to register pursuant to Section 5-12.04 of this chapter or required to obtain a permit pursuant to this chapter shall solicit or attempt on any premises on which a notice or sign is clearly posted prohibiting solicitations or indicating the owner's or occupant's desire not to be solicited.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

The provisions of this chapter shall not apply to:

(a) Persons selling or soliciting at established places of business;

(b) Persons invited to call upon private residences by the owner or occupant thereof;

(c) Persons licensed and regulated by the State pursuant to Sections 12000 et seq. of the Business and Professions Code of the State;

(d) Persons selling or soliciting sales of a daily or weekly newspaper as defined in Section 6040.5 of the Government Code of the State; or

(e) Persons soliciting or canvassing for or against any candidate for public office or any ballot measure.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

No person required to have a permit pursuant to the provisions of this chapter shall go to or enter an area within one-fourth (¼) mile of any elementary, junior high, or high school, public or private, between the hours of 8:00 a.m. and 4:00 p.m. on days schools are in session, for the purpose of engaging in the business for which he has a permit.

The provisions of this section shall not apply to any person invited to call at such school by the principal of the school or any other authorized person thereof, nor shall the provisions of this section apply to any person engaged in a business not having a special attraction for children of school age.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

(a) Prior to any solicitation or sales solicitation for charitable purposes, the solicitor or seller shall exhibit to the prospective donor or purchaser a card entitled "Solicitation or Sale for Charitable Purposes Card." The card shall be signed and dated under penalty of perjury by an individual who is a principal, staff member, or officer of the soliciting organization. The card shall give the name and address of the soliciting organization or the person who signed the card and the name and business address of the paid individual who is doing the actual soliciting.

In lieu of exhibiting a card, the solicitor or seller may distribute during the course of the solicitation any printed material, such as a solicitation brochure, provided such material complies with the standards set forth below, and provided that the solicitor or seller informs the prospective donor or purchaser that such information as required below is contained in the printed material.

Information on the card or printed material shall be presented in at least 10-point type and shall include the following:

(1) The name and address of the combined campaign, each organization, or fund on behalf of which all or any part of the money collected will be utilized for charitable purposes;

(2) If there is no organization or fund, the manner in which the money collected will be utilized for charitable purposes;

(3) The amount, stated as a percentage of the total gift or purchase price, that will be used for charitable purposes;

(4) If paid fund raisers are paid a set fee rather than a percentage of the total amount raised, the card shall show the total cost that is estimated will be used for direct fundraising expenses;

(5) If the solicitation is not a sale solicitation, the card may state, in place of the amount of fundraising expenses, that an audited financial statement of such expenses may be obtained by contacting the organization at the address disclosed;

(6) The non-tax-exempt status of the organization or fund, if the organization or fund for which the money or funds are being solicited does not have a charitable tax exemption under both federal and state laws;

(7) The percentage of the total gift or purchase price which may be deducted as a charitable contribution under both federal and state law. If no portion is so deductible the card shall state that "This contribution is not tax deductible";

(8) If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term "officer," "peace officer," police," "law enforcement," "reserve officer," "deputy," "California Highway Patrol," "Highway Patrol," or "deputy sheriff," which would reasonably be understood to imply that the organization is composed of law enforcement personnel, the solicitor shall give the total number of members in the organization and the number of members working or living within the city where the solicitation is being made, and if the solicitation is for advertising, the statewide circulation of the publication in which the solicited ad will appear.

(b) Noncompliance by any individual solicitor or seller in connection with a solicitation by any charitable organization shall subject the solicitor or seller to the penalties of the law.

(c) When the solicitation is not a sales solicitation, any individual solicitor or seller who receives no compensation of any type from, or in connection with, a solicitation by any charitable organization may comply with the disclosure provisions by providing the name and address of the charitable organization on behalf of which all or any part of the money collected will be utilized for charitable purposes, by stating the charitable purposes for which the solicitation is made, and by stating to the person solicited that information about revenues and expenses of such organization, including its administration and fundraising costs, may be obtained by contacting the organization's office at the address disclosed. Such organization shall provide such information to the person solicited within seven calendar days after receipt of the request.

(d) A solicitor or seller who receives no compensation of any type from, or in connection with, a solicitation or sales solicitation by a charitable organization which has qualified for a tax exemption under Section 501(c)(3) of the Internal Revenue Code of 1954, and who is eighteen (18) years of age or younger, is not required to make any disclosures pursuant to this section.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

The financial records of a soliciting organization shall be maintained on the basis of generally accepted accounting principles as defined by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board.

The disclosure requirements of subsection (c) of Section 5-12.19 shall be based on the same accounting principles used to maintain the soliciting organization's financial records.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

The provisions of this chapter shall not apply to solicitations, sales, offers, or attempts to sell within the membership of a charitable organization or upon its regular occupied premises, nor shall it apply to funds raised as authorized by Section 326.5 of the Penal Code. This chapter does not apply to sidewalk vendors, who will be governed under the regulations set forth in Chapter 5-45 of this code.

(§ 1, Ord. 746, eff. March 14, 1991 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)

(a) No peddler shall stand or park any motorized vehicle for more than ten (10) minutes in any particular location, nor shall any peddler stand or park any motorized vehicle in violation of any City ordinance. Regardless of the length of time parked at any particular location, no peddler shall park within 500 feet, as measured in any direction, of an area where he or she previously parked at the beginning of the ten (10) minute period, until twenty-four (24) hours have elapsed from the end of said ten (10) minute period.

(b) No vending shall occur or be conducted from a parked vehicle on any street during peak traffic hours, as determined by the Public Works Director, or on any street or portion thereof determined to be unsafe due to limited line of sight, traffic control impacts or high traffic flow. The Public Works Director may limit the days or hours that vending from a vehicle may occur at any location due to traffic safety concerns, parking shortages or repairs or maintenance work.

(c) No peddler using a motorized vehicle shall carry any merchandise, wares, goods or food outside a ten foot radius encircling the motorized vehicle. Signs shall be limited to those affixed to the vehicle and shall otherwise comply with all City ordinances.

(d) No peddler shall park or stand a motorized vehicle used for peddling in a manner which causes a hazard to vehicular or pedestrian traffic, and no peddler shall distribute any item from such a motorized vehicle in a manner that causes any person to stand in that portion of the street that is between the vehicle and the center of the street.

(e) No peddler shall park a motorized vehicle on any street during the hours of 8:00 p.m. through 7:00 a.m. of the next succeeding day.

(f) No peddler shall sell or offer for sale any food or other goods from a motorized vehicle unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the vehicle, marked with a sign requesting use by patrons. Prior to leaving the location, the peddler shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed by the peddler, including any packages or containers, or parts thereof, used with or for dispensing such food or goods.

(g) Between 8:00 p.m. and 7:00 a.m., the peddler shall not make any outcry, blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the streets, alleys, parks or other public places of this City where sound is of sufficient volume to be capable of being plainly heard upon the public sidewalks or streets, public parks or other public places, for the purpose of attracting attention to any goods, wares, merchandise or food which the permittee proposes to sell.

(h) No peddler shall intentionally or deliberately obstruct the free movement of any member of the public on any public sidewalk or street or in any public place.

(i) No peddler shall peddle any items to a captive audience including persons in lines or seated in public areas.

(j) No peddler shall peddle or attempt to peddle to the occupants of vehicles standing or moving upon any public street or highway. Nothing in this subsection shall be construed to prohibit peddling to the occupants of any vehicle that is lawfully parked.

(k) No peddler shall stop, stand or park any motorized vehicle in violation of any provision of the California Vehicle Code or the Simi Valley Municipal Code.

(l) No peddler shall peddle any food unless the items being sold comply with all applicable food labeling requirements established by the State of California and the peddler has all required permits, including, without limitation, health permits, to sell such items.

(m) No peddler shall peddle any goods from any motorized vehicle which does not have insurance as required under State law for operating the motorized vehicle.

(n) Peddlers that had been in business for at least three years prior to the effective date of Ordinance No. 1109 and that had been issued all of the following shall be exempt from subsection (c) of this section relating to time limits on standing or parking a motorized vehicle in any particular location:

(1) A Solicitors Permit;

(2) A Health Permit;

(3) A Business Tax Certificate.

Upon verification that a peddler meets the foregoing requirements, the Police Department shall issue an exempt permit, which shall be displayed at all times while conducting business. Nothing herein shall relieve holders of exempt permits from compliance with other State and local laws.

(§ 2, Ord. 1109, eff. March 15, 2007, as amended by § 1, Ord. 1114, eff. July 12, 2007 as amended by § 3 (Exh. B), Ord. No. 1345, eff. December 8, 2022)