Tustin Municipal Code Part II Regulation of Residential Solicitation Activity

(a) Specific requirements. No person shall solicit in any of the residential zoned areas of the City:

1. Between the hours of 6:00 p.m. and 8:00 a.m., unless done by appointment;

2. 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;

3. At any house, apartment, or other dwelling within a homeowners' association that maintains private streets where the homeowners' 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.

4. By using profane or abusive language or making verbal threats, during the solicitation;

5. By stepping onto or over the threshold of a doorway, unless invited to do so by the occupant;

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

7. By refusing to immediately leave the solicited premises when asked to do so by any occupant; or

8. By knowingly making false statements or misrepresentations about the purpose of the solicitation.

(b) Receipts. Any person receiving money or anything of value in excess of five dollars ($5.00) from any contributor by means of a solicitation shall, upon request, give such contributor a written receipt showing the name and address of the solicitor, the date, and the amount received.

(c) Compliance with state and city charitable laws. Prior to and while engaging in solicitation in any residential area of the City, every person shall fully comply with all applicable state laws, including the provisions of the California Charitable Disclosure Law as set forth in the California Business and Professions Code sections 17510 et seq., and the charitable solicitation permit requirements in Tustin City Code section 2513(f).

(Ord. No. 1412, Sec. I, 5-15-12)

(a) Findings and intent. The City has received a growing number of complaints from certain merchants and business patrons that solicitors have engaged in a variety of commercial and noncommercial solicitation activity on private commercial property without the owner's consent. This solicitation activity can have the effect of impeding the free movement of citizen patrons, and otherwise cause noise and physical obstruction which detracts from a conducive commercial environment.

(b) Prohibition. It is unlawful for any person to solicit in or upon any commercial property within the City 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.

(c) Signage requirements.

(1) Excepting commercial property containing communal areas, the property owner shall post a "No Solicitors" sign of a size not less than twenty-two (22) inches by seventeen (17) inches, with lettering of at least one (1) inch in height, at each vehicular entry point to the property.

(2) 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 this Commercial Property. Violators are subject to prosecution pursuant to Tustin City Code section 5818(b). Contact the property manager for a permissible solicitation location."

The signing shall be located at prominent entry point(s) of the property, and at such other locations which have been designated by the property owner as permissible solicitation locations. The size of the signs shall be not less than twenty-two (22) inches by seventeen (17) inches with lettering of at least one (1) inch in height.

For purposes of this section, "communal areas" shall mean such areas 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 are seating areas, plazas, or large walking areas. Restaurant seating restricted to particular patronage does not constitute communal areas of the center.

(Ord. No. 1412, Sec. I, 5-15-12)