Yorba Linda Municipal Code Ch. 5.02 Solicitation

A. This chapter is based on the following findings:

1. The City Council finds that persons and organizations have been visiting and continue to visit private residential properties, as well as privately-owned businesses, for the purposes of soliciting goods, wares, merchandise or services.

2. Some residents and business owners find these activities to be intrusive upon their privacy.

3. The City Council further finds that a variety of misrepresentations and other frauds are at times employed in such activities.

4. In recent years, residents of the City and residents in neighboring jurisdictions have been attacked in their homes by persons claiming to be solicitors.

5. Unregulated door-to-door solicitation constitutes a serious concern for the City.

6. The goal of protecting residents from fraud and crime and thereby promoting the safety and privacy of residences within the City is a legitimate, urgent and substantial governmental interest.

7. The City has a substantial interest in preventing fraudulent or criminal activities which may result from unregulated solicitation.

8. The City has a substantial interest in protecting individuals' safety and privacy by reasonably limiting the hours of solicitation and requiring permits in a content neutral manner.

9. The City has a substantial interest in allowing individuals to determine their level of comfort with privacy and whether or not they want to receive solicitation.

10. Noncommercial speech is entitled to broader protection under the First Amendment to the United States Constitution than commercial speech, affording the City a greater ability to regulate commercial speech than noncommercial speech.

11. All of these goals and interests may properly be served by this narrowly tailored regulation which requires solicitors to obtain a permit prior to soliciting within the City, reasonably limits the hours of activities and prohibits solicitation of occupants on property where residents have a posted sign prohibiting such activities.

B. The purpose of this chapter is to balance free speech and expression with the health, safety and welfare of the residents of the City.

(Ord. 2010-943, § 1, 2010)

For the purpose of this chapter only, the following words and phrases shall, when used in this chapter, have the meaning respectively ascribed to them by this section:

"Charitable"

means the purpose of an organization which has received a letter of determination approving tax exempt status under Title 26 of the United States Code Section 501(c)(3) or the purpose of a school club, recognized and affiliated with a public or private school, having a program with annual campaigns to support the public or private school club.

"Commercial"

means the purpose of solicitation which is not noncommercial, as defined in this section.

"Corporation"

means a legal entity which has a legal personality distinct from those of its members which has filed articles of incorporation with the California Secretary of State.

"Noncommercial"

means the purpose of solicitation which is charitable, as defined in this section, religious or political.

"Person"

means any individual, firm, partnership, joint venture, association, social club, league, fraternal organization, joint stock company, estate, trust, business trust, receiver, trustee, syndicate or any other group acting as a unit. The word person shall include corporations.

"Police department"

means the Orange County Sheriff's Department, which provides police services to the City under contract.

"Solicitation"

includes the act of any person, traveling by foot, vehicle or any other type of conveyance who goes from house to house, business to business, from place to place or in or along any highway, street or sidewalk within the City either: (1) requesting, either directly or indirectly, money, credit, funds, contributions, personal property or anything of value; (2) taking or attempting to take orders for the sale of any goods, wares, merchandise or services of any kind or description for future delivery or for services to be performed in the future, either in person or by distributing flyers and leaflets; and (3) selling and making immediate delivery any goods, wares, merchandise or services of any kind or description, commonly referred to as "peddling."

"Solicitor"

means any person, whether a resident of the City or not, engaged in solicitation.

(Ord. 2010-943, § 1, 2010; Ord. 2014-1000, § 3, 5-6-2014)

A. The following provisions shall apply to permits for commercial solicitation:

1. If a person is soliciting on behalf of, or is employed to solicit by, another person (as defined in Section 5.02.020(E)), both the person soliciting and the employer or other person upon whose behalf solicitation is being made must have valid solicitation permits required by this chapter and a business license required by Chapter 5.08, even if such persons are exempt from payment of any license fee or business tax.

2. All persons who engage in solicitation shall comply with the following:

a. Carry a photo identification and a copy of a valid permit issued pursuant to this section, and if acting on behalf of another, including acting on behalf of another person (as defined in Section 5.02.020(E)), such person shall carry written authorization to act on behalf of such third party and a copy of the permit issued to such third party; and

b. Immediately present a solicitation permit, identification and authorization to act on behalf of a third party, if applicable, to any person approached for said solicitation and to any law enforcement official, upon their request.

3. The permit shall contain the name, permanent residence address of the solicitor, a brief description of the solicitor and the photograph of such solicitor.

4. Permits are not assignable.

5. Permits and authorizations to act on behalf of third parties are not transferable.

B. The following provisions shall apply to permits for noncommercial solicitation:

1. If a person is soliciting on behalf of, or is employed to solicit by, another person (as defined in Section 5.02.020(E)), only the person on whose behalf the solicitation is made shall be required to have a valid solicitation permit as required by this chapter.

2. If a person is soliciting on behalf of, or is employed to solicit by, another person (as defined in Section 5.02.020(E)), the person soliciting shall carry personal identification, written authorization to act on behalf of the employer or other person and a copy of the permit issued to such employer or other person.

C. Children under the age of 12 shall be accompanied by an adult.

(Ord. 2010-943, § 1, 2010)

A. The following provisions shall apply to the permit application for commercial solicitation:

1. The application for a permit required by Section 5.02.030(A) shall be made upon a form prescribed by the City Manager, or his or her designee, available at the City Clerk's office and shall include, but shall not be limited to, the following information:

a. The name, permanent residence address of the applicant, a brief description of the applicant and a photo taken by the City Clerk's Office or their designee;

b. Proof of LiveScan fingerprinting. Fingerprinting must be done at the police department prior to submittal of an application for a permit required by Section 5.02.030(A). The applicant must present a valid identification card issued by a state within the United States of America prior to being fingerprinted;

c. Complete employment history for the past 10 years;

d. Disclosure of any and all criminal convictions, infraction or misdemeanor citations received, including any municipal code violations and criminal or civil cases pending. This shall include any cases dismissed or expunged pursuant to California Penal Code Section 1203.4;

e. A statement that the person is not currently under investigation for any crimes related to solicitation or other criminal offense including, but not limited to, violent crimes, sexual assault, possession of controlled substances, theft, fraud or burglary;

f. Names and addresses of all persons (as defined in Section 5.02.020(E)) who will be working on behalf of or with the applicant;

g. Proof of insurance as required by the City;

h. Requested time and place to solicit within the City;

i. A copy of a City issued business license; and

j. Such other information as the City Manager, or his or her designee, may require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

2. The application, upon completion by the applicant, shall truly set forth all such information as shall be required by the City Manager, or his or her designee.

3. The application shall be submitted under penalty of perjury and be submitted to the City Clerk's office at least 30 calendar days prior to the time the solicitor requests to engage in solicitation.

4. The application shall be submitted with any applicable fee. The permit application fee shall be established by resolution of the City Council and may be amended from time to time.

5. The City Clerk shall issue the permit to solicit if the following requirements have been met:

a. The applicant has properly completed and timely filed his or her application together with any applicable fee.

b. The applicant has obtained any other license or permit that may be required under this code.

c. The applicant has submitted all the information required on the application.

d. The applicant has not made any misrepresentation of any fact in the application.

e. The criminal background check required by Section 5.02.050 does not reveal a disqualifying criminal conviction, as specified in Section 5.02.050(E).

6. The City Clerk may issue the permit subject to conditions as may be necessary for the public health, safety, peace and welfare.

7. Applicants shall at all times maintain accurate application information with the City. If there is any change or modification in the information provided in the initial application, the applicant shall give written notification of such change to the City Clerk within two weeks of the change.

B. The following provisions shall apply to the permit application for noncommercial solicitation:

1. The application for a permit required by Section 5.02.030(B) shall be made upon a form prescribed by the City Manager, or his or her designee, available at the City Clerk's office and shall include, but not be limited to, the following information:

a. The name, address and a brief description of the applicant;

b. If for charitable purposes, a letter of determination approving tax exempt status under Title 26 of the United States Code Section 501(c)(3) or a letter from a public or private school administrator acknowledging the school affiliation of the school club and its program of annual campaigns to support the public or private school club; and

c. Names and addresses of all persons (as defined in Section 5.02.020(E)) who will be working on behalf of or with the applicant.

2. The application shall be submitted to the City Clerk at least 30 calendar days prior to the time the solicitor requests to engage in solicitation.

3. The City Clerk shall issue the permit to solicit if the following requirements have been met:

a. The applicant has properly completed and timely filed his or her application.

b. The applicant has submitted all the information required on the application.

c. The applicant has not made any misrepresentation of any fact in the application.

4. The City Clerk may issue the permit subject to conditions as may be necessary for the public health, safety, peace and welfare.

5. Applicants shall at all times maintain accurate application information with the City. If there is any change or modification in the information provided in the initial application, the applicant shall give written notification of such change to the City Clerk within two weeks of the change.

(Ord. 2010-943, § 1, 2010)

A. The requirements of this section shall only apply to commercial solicitation.

B. Upon the request of an applicant for a permit required by Section 5.02.030(A), the police department shall initiate a criminal history record background check of such applicant, including those persons acting on behalf of an employer or other person (as defined in Section 5.02.020(E)). The background check shall include LiveScan fingerprinting.

C. A criminal history record background check shall not be initiated pursuant to this article without the written consent of the person. The consent required under this section shall be in the manner and form prescribed by the police department and shall include, but not be limited to, the signature, name, address and fingerprints of the person.

D. The police department shall certify the results of the criminal history record background check to the City Clerk. The police department shall not certify an applicant who refuses to consent to or cooperate in the securing of a criminal history record background check.

E. A person whose criminal history record background check reveals a conviction for any criminal offense including, but not limited to, violent crimes, sexual assault, possession of controlled substances, theft, fraud or burglary shall be disqualified from receiving a permit to solicit within the City.

F. The police department is authorized to receive criminal history record information from any agency or department of the State of California or the United States government, including but not limited to the California Department of Justice and the Federal Bureau of Investigation, regarding applicants for permits to solicit within the City.

G. The City Clerk's office shall promptly notify a person whose criminal history record background check reveals a disqualifying criminal conviction, as specified in Section 5.02.050(E) above.

(Ord. 2010-943, § 1, 2010)

A. The following provisions shall apply to permits for commercial solicitation:

1. All permits granted under the provisions of this chapter shall be valid for up to six months and may be renewed thereafter, unless sooner revoked.

2. Prior to the expiration of a permit, and upon application for renewal of the permit, the City Clerk shall determine if the applicant or solicitor has acted in substantial compliance with the applicable provisions of this chapter and conditions of the permit.

a. If determined to have been in substantial compliance, the permit shall be renewed upon payment of any applicable renewal fee.

b. If determined not to be in substantial compliance, the permit shall not be renewed, and no other permit shall be issued under the provisions of this chapter to the same applicant within one year of the date of cancellation or expiration of the permit.

3. Renewal fees shall be established by resolution of the City Council and may be amended from time to time.

4. The City Manager may revoke any permit granted under the provisions of Section 5.02.030(A) for any of the following reasons:

a. The applicant provided false, misleading or misrepresented information in procuring said permit;

b. The applicant or any person (as defined in Section 5.02.020(E)) who worked on behalf of or with the applicant failed to comply with the requirements, regulations, laws and conditions of approval applicable to the permit;

c. The applicant or any person (as defined in Section 5.02.020(E)) who worked on behalf of or with the applicant is convicted of violating any Federal, state or local law while in the course of operating under the permit; or

d. The activities for which the permit was granted were or are being conducted in a manner that is detrimental to the public health, safety, peace or welfare.

5. When a permit has been revoked, no other permit shall be issued under the provisions of this chapter to the same applicant within one year of the date of revocation.

6. No permit shall be issued under the provisions of this chapter to an applicant who has had a permit issued under the provisions of this chapter revoked or not renewed for a period of one year from the date of revocation or non-renewal of the permit.

B. The following provisions shall apply to permits for noncommercial solicitation:

1. All permits granted under the provisions of this chapter shall be valid for up to one year and may be renewed thereafter, unless sooner revoked.

2. Upon application for renewal of the permit, an applicant claiming nonreligious, nonpolitical, charitable status shall resubmit the materials described in Section 5.02.040(B)(i)(b).

3. The City Manager may revoke any permit granted under the provisions of Section 5.02.030(B) for any of the following reasons:

a. The applicant provided false, misleading or misrepresented information in procuring said permit;

b. The applicant or any person (as defined in Section 5.02.020(E)) who worked on behalf of or with the applicant failed to comply with the requirements, regulations, laws and conditions of approval applicable to the permit; or

c. The applicant or any person (as defined in Section 5.02.020(E)) who worked on behalf of or with the applicant is convicted of violating any Federal, state or local law while in the course of operating under the permit.

(Ord. 2010-943, § 1, 2010)

A. Any applicant aggrieved by any decision by the City Clerk or the City Manager on an application for, or renewal or revocation of a permit required by this chapter, may appeal such decision to the City Council within 15 calendar days after notice of the decision is given to the applicant.

B. The appeal shall be filed on forms provided by the City Clerk together with any applicable fee established by resolution of the City Council, which may be amended from time to time.

C. The appeal request shall set forth the appellant's reasons for asserting the decision was in error or in violation of this code or other applicable law.

D. The City Clerk shall set a time and place for the City Council to hear the appeal and shall notify the applicant. The appeal shall be heard by the City Council at its next available regular meeting, held no more than 40 days from the date on which the appeal was filed with the City Clerk.

E. The City Council may affirm, dismiss or modify the decision of the City Clerk or the City Manager.

F. The City Council's decision on the appeal shall be in writing and shall state with specificity the reasons for the decision. The City Council's written decision shall be given to the applicant in person or by registered mail within two business days of the City Council's decision. The action of the City Council shall be final and may be appealed to a court of competent jurisdiction in accordance with applicable provisions of the California Code of Civil Procedure.

(Ord. 2010-943, § 1, 2010)

A. The City Clerk's office shall prepare a list of addresses of those premises where the owner and/or occupant has notified the City Clerk that soliciting is not permitted on the premises (hereinafter referred to as the "Do Not Knock" Registry).

B. An owner or occupant of property within the City may have such property listed on the Do Not Knock Registry by completing and submitting to the City Clerk a form provided by the City Clerk for such purposes. The listing of properties on the Do Not Knock Registry shall be valid for one year. Owners/occupants of property must file a new request to be included on the Do Not Knock Registry each year.

C. The list shall be updated every 30 days and shall be effective on the first day of each month.

D. Owners and/or occupants who have requested enlistment on the Do Not Knock Registry, pursuant to Section 5.02.080(A) above, shall be able to purchase from the City Clerk's office, for a nominal fee, a sticker or sign for display on the premises indicating enlistment on the Do Not Knock Registry.

E. The City Clerk's office shall distribute the current Do Not Knock Registry to a solicitor at the time of issuance of a permit to solicit pursuant to the provisions of this chapter.

F. Solicitors shall obtain an updated version of the Do Not Knock Registry on the first of each month from the City Clerk's office.

G. Solicitors shall not solicit at any premises identified on the then current Do Not Knock Registry, regardless of whether the solicitor obtains the updated version of the Do Not Knock Registry as required by Section 5.02.080(F) above.

(Ord. 2010-943, § 1, 2010)

A. It is unlawful for any person to engage in solicitation within the City without a valid solicitation permit issued by the City Clerk.

B. It is unlawful for any person to engage in commercial solicitation within the City without both a valid solicitation permit and a valid business license issued pursuant to Chapter 5.08.

C. Solicitors shall obtain an updated version of the Do Not Knock Registry on the first of each month, as specified in Section 5.02.080(F).

D. A permit granted under this chapter is not an endorsement by the City of the solicitor or of any goods, wares, merchandise, services or information that may be sold or distributed by the solicitor, and it is unlawful for any person to represent that such an endorsement has been made.

(Ord. 2010-943, § 1, 2010)

A. It is unlawful for any person to go upon, ring the bell, knock on the door of or attempt to gain admission to the premises of any residence, dwelling or apartment in the City for the purpose of engaging in commercial or noncommercial solicitation where the owner, occupant or other person in control thereof has expressed his or her objection to such activity either by explicit instructions, oral or written, by listing the premises on the Do Not Knock Registry, or by posting a sticker or sign indicating the location is listed on the City's Do Not Knock Registry pursuant to Section 5.02.080, or by posting a sign or decal bearing the words "No Solicitation" or words of similar import, unless prior to such entry, bell ringing or knocking, such person has been requested or invited by the owner or occupant or other person in control of the premises to be thereupon for such purpose.

B. Activities related to a service requested by the owner or occupant of the property and undertaken in the ordinary course of business, including but not limited to deliveries of utility notices, telephone directory deliveries, regular newspaper deliveries, work order notices and service inquiries, are presumed to be requested or invited for the purpose of this section.

(Ord. 2010-943, § 1, 2010)

No person shall engage in abusive solicitation. Such abusive activity shall mean to do one or more of the following while soliciting or immediately thereafter:

A. Coming closer than three feet to the person solicited unless and until the person solicited indicates he or she wishes to make a purchase or otherwise receive the solicitation;

B. Blocking or impeding the passage of the person solicited;

C. Repeating the solicitation after the person solicited has indicated his or her objection to the solicitation or a refusal to purchase the goods, wares, merchandise, services or information that is offered by the solicitor;

D. Following the person solicited by proceeding behind, ahead or alongside such person after the person has indicated his or her objection to the solicitation;

E. Threatening the person solicited with physical harm by word or gesture;

F. Abusing the person solicited with words which are offensive and inherently likely to provoke an immediate violent reaction; or

G. Touching the solicited person without the solicited person's consent.

(Ord. 2010-943, § 1, 2010)

A. It is unlawful for any person, while soliciting, 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 public streets, alleys, parks or public places of the City or upon any private property where such sound exceeds the City's noise standards as set forth Chapter 8.32.

B. No person who uses an automobile or other vehicle for purposes of soliciting shall operate or permit the operation of any sound amplification system which can be heard outside the automobile or other vehicle to advertise, to draw attention to the presence of the automobile or other vehicle or to communicate commercial information to the general public when such automobile or other vehicle is moving, stopped, standing or parked upon any public or private street, except to request emergency assistance or warn of a hazardous situation.

C. This section shall not apply to authorized emergency vehicles or vehicles operated by public utilities or to vehicles participating in a business event authorized by the City.

(Ord. 2010-943, § 1, 2010)

A. It is unlawful for any person to solicit when the person solicited is in any of the following locations:

1. A marked bus stop;

2. Public transportation vehicles or facilities;

3. Public parking lots or parking structures;

4. Outdoor dining areas of restaurants or other dining establishments serving food for immediate consumption; or

5. Within 50 feet of an automated teller machine.

(Ord. 2010-943, § 1, 2010)

It is unlawful for any person, while soliciting, whether it be for commercial or noncommercial purposes, to go upon, ring the bell, knock on the door of or attempt to gain admission to the premises of any residence, dwelling or apartment in the City 30 minutes after sunset or earlier than 8:00 a.m., unless such person has been requested or invited by the owner or adult occupant of the premises to be thereupon for such purposes.

(Ord. 2010-943, § 1, 2010)

A. The applicant or solicitor shall be responsible for the conduct of all persons (as defined in Section 5.02.020(E)) acting with or on behalf of the applicant or solicitor while in the course of operating under the permit. All persons found working, helping, volunteering or in any way assisting in the activities for which the permit was granted shall be considered employees of the applicant or solicitor. Any act or omission of any person acting with or on behalf of the applicant or solicitor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the applicant or solicitor for purposes of determining whether the applicant's or solicitor's permit shall be granted, denied, renewed or revoked.

B. Every act prohibited and every failure to perform an act made mandatory by this chapter shall be punishable as provided for in Chapter 1.12 of this code and be subject to revocation of a solicitation permit and be ineligible to receive a new solicitation permit for a period of one year.

(Ord. 2010-943, § 1, 2010)