Villa Park Municipal Code Art. 8-3 Regulation of Solicitors, Peddlers and Literature Distributors

Footnotes:

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Editor's note— Ord. #2008-534, § 1, repealed former Art. 8-3, §§ 8-3.1, 8-3.2, and added a new article as herein set out. Former Art. 8-3 pertained to regulation of solicitors and peddlers and derived from Ord. # 94-421, § 2, and Ord. #94-423, § 1.

Soliciting, peddling, and literature distribution are hereby regulated in a manner that is consistent with reasonable time, place and manner restrictions based on the desire of the community and the findings of the City Council.

(Ord. #2008-534, § 1)

As used in this Section:

"Literature distribution" shall mean the physical act of distributing commercial literature, flyers, handbills, advertising or other similar commercially printed material on any private property within the residential districts or upon private vehicles within a public parking lot.

"Private property" shall mean property privately owned or reasonably assumed to be privately owned within any residential district.

"Public place" shall mean 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, recreation trail, parking lot, plaza, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment.

"Solicitation" or "Solicit" shall mean any request, demand, entreaty, invitation, plea, offer, enticement or action using the spoken, written, or printed word, or bodily gestures, signs or other means, for the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

"Street, Highway and Sidewalk" shall have those meanings as set forth in Sections 360, 509 and 555, respectively, of the California Vehicle Code, or any successor provisions thereto.

(Ord. #2008-534, § 1)

No person who is required to obtain a permit pursuant to Section 8-2.9 or 8-2.10 shall enter upon private property where a sign prohibiting solicitation has been posted for the purpose of soliciting orders for the sale or lease of goods, wares, merchandise and services, or for the purpose of disposing of, peddling, demonstrating, canvassing, advertising, or hawking the same, or for the purpose of making a charitable, religious or other solicitation for money or other donation or the distribution of information. A violation of this Section shall constitute a misdemeanor subject to the provisions of Article 1-5 and shall constitute grounds for revocation of any permit issued pursuant to Sections 8-2.9 or 8-2.10.

(Ord. #2008-534, § 1)

No person who is required to obtain a permit pursuant to Section 8-2.9 or 8-2.10 shall enter upon private property where the address of the occupant of the private property has previously been given to the City Manager for a "no solicitors" registry by the occupant, for the purpose of soliciting orders for the sale or lease of goods, wares, merchandise and services, or for the purpose of disposing of, peddling, demonstrating, canvassing, advertising, or hawking the same, or for the purpose of making a charitable, religious or other solicitation for money or other donation or the distribution of information. It shall be the duty of the City Manager to provide the addresses in said registry to the applicant at the time a permit is obtained. A violation of this Section shall constitute a misdemeanor subject to the provisions of Article 1-5 and shall constitute grounds for revocation of any permit issued pursuant to Sections 8-2.9 or 8-2.10.

(Ord. #2008-534, § 1)

No person shall solicit in an aggressive manner in any public place or upon private property. Aggressive manner shall mean the following:

A. Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, damage to or loss of property, or to otherwise be intimidated into giving money or other thing of value;

B. Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging;

C. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

D. Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;

E. Persisting in closely following or approaching a person, after the person has been solicited and informed the solicitor by words or conduct, that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

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

G. Physically attempting entrance to a residence, unit or vehicle on private property or refusing to leave when requested by a person who resides at, occupies, or is otherwise legally acknowledged by the property owner as connected to the private property.

(Ord. #2008-534, § 1)

No person shall solicit at the location of any private property from the time of sunset or after 7:00 p.m., which ever is earlier, to 10:00 a.m. the next day.

(Ord. #2008-534, § 1)

No person shall conduct literature distribution except under the following conditions:

A. Any company, organization, or person conducting literature distribution shall first obtain a business license as required under Villa Park Municipal Code Section 8-2.9 and 8-2.10; and

B. Literature distribution shall not be made to any private property which is found on the City's "no solicitor" list.; and

C. Time of literature distribution shall adhere to Section 8-3.6; and

D. Material distributed shall be done so as to ensure that it remains where placed through physical, non-damaging placement to include, but not be limited to, use of weights, rubber bands, clips, or other means to secure the material to that it does not leave the area of placement.

(Ord. #2008-534, § 1)