CHAPTER 4
SOLICITATION AND DISTRIBUTION OF LITERATURE
Sections:
§ 4401 Findings and Purposes of Chapter.
Part 1. Solicitation and Distribution of Literature
§ 4410 Distribution of Literature to Unwilling Recipients.
§ 4411 Notice to Solicitors and Distributors.
§ 4412 Littering Forbidden – Lawful Methods of Distribution.
§ 4414 Real Estate Solicitation.
§ 4415 Refusal to Leave on Request.
Part 2. Real Estate Advertising Signs
Part 3. Aggressive Solicitation
§ 4431 Prohibition of Aggressive Solicitation.
§ 4432 Prohibition of Solicitation from Specified Locations.
4400 Short Title.
Chapter 4 of Article IV of the Carson Municipal Code may be cited as the “Solicitation, Distribution of Literature, and Real Estate Advertising Sign Ordinance” of the City of Carson. (Ord. 72-240, § 1)
4401 Findings and Purposes of Chapter.
The City Council finds and declares as follows:
(a) That the distribution of commercial advertising material upon residential property in the City creates widespread litter which is unsightly, unhealthy, and difficult to remove.
(b) That door-to-door commercial solicitation of unwilling recipients by salesmen of goods and services jeopardizes the right of residents in this City to enjoy the privacy of their homes in tranquility and security, and serious public offenses have been committed by purported solicitors.
(c) That unscrupulous real estate salesmen have used and threaten to use handbills and door-to-door techniques to directly or indirectly induce panic sales of real estate based on supposed changes in the racial, economic and social character of a neighborhood.
(d) That such practices are injurious and inimical to the public health, safety and welfare of residents of this City and that such problems are becoming increasingly direct and substantial.
(e) That such practices are, therefore, declared to be a public nuisance.
(f) That such practices should be regulated to protect the public health, safety, and general welfare of the residents of this City.
(g) That as a necessary means of preventing such practices, the regulation of real estate advertising signs is required. (Ord. 72-240, § 1)
4402 Violations.
Any person, firm or corporation violating any provisions of this Chapter shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. (Ord. 79-479, § 4)
Part 1. Solicitation and Distribution
of Literature
4410 Distribution of Literature to Unwilling Recipients.
It shall be unlawful to pass out, give away, circulate, distribute, or deliver any printed or written handbill, circular, or advertising literature offering to sell or buy any goods, wares, merchandise, or commercial services or offering or soliciting to buy, sell, exchange, lease, rent or list any real property when the intended recipient thereof, or the owner, occupant, or resident of any property where such literature is left or intended to be left, has notified the distributor or disseminator of such material that such intended recipient, owner, occupant or resident does not wish to receive any literature. (Ord. 72-240, § 1)
4411 Notice to Solicitors and Distributors.
The notice referred to in the preceding section may be given to a distributor or disseminator of printed or written material by an owner, occupant, or resident of property by any one (1) or more of the following means:
(a) By posting the property on or near the front door or main entrance thereof with a sign at least twelve (12) square inches in area stating, in effect, “No Handbills,” or words of similar meaning.
(b) By written or oral communication to the distributor or disseminator of such material. (Ord. 72-240, § 1)
4412 Littering Forbidden – Lawful Methods of Distribution.
(a) It shall be unlawful to throw, cast or scatter any printed or written material of any type whatsoever in or onto any public place; into, or upon any automobile, vehicle or conveyance; or in, into or on the yard or grounds or on the doorstep, porch or vestibule of any residence, apartment or dwelling; or upon any vacant lot or other private property within the City.
(b) Any printed or written material which may be passed out, given away, circulated or delivered in the City pursuant to law, shall be:
(1) Placed in the hand of the intended recipient; or
(2) Bound, folded or weighted in such a manner that the material cannot be blown away, scattered or fragmented by the action of the elements and/or normal pedestrian or vehicular traffic; or
(3) Affixed to the premises for which it is intended by being tied to or slipped over a doorknob or other protrusion, or other means calculated to prevent the material from being blown away, scattered or fragmented by action of the elements. (Ord. 72-240, § 1)
4413 Newspapers Excepted.
The foregoing provisions of this Part shall not apply to the distribution of folded newspapers of general circulation, as the same are defined in the Government Code of the State of California. (Ord. 72-420, § 1)
4414 Real Estate Solicitation.
It shall be unlawful for any person offering or soliciting to buy, sell, exchange, lease, rent or list any real property in the course of, or as an incident to or part of such person’s business, occupation, trade or employment to go upon, ring the doorbell of, or knock on the door of or attempt to gain admittance to any occupied residence, dwelling or apartment within the City unless prior to such entry, doorbell ringing, knocking or attempt to gain admittance such person has been requested or invited by the owner or adult occupant of such premises to enter or be upon such premises for such purpose. (Ord. 72-420, § 1)
4415 Refusal to Leave on Request.
It shall be unlawful for a peddler or solicitor or person distributing literature of any kind, to refuse to leave any residence, dwelling or apartment or other private property within the City when requested to leave by the owner, occupant, resident or person in control thereof. (Ord. 72-240, § 1)
Part 2. Real Estate Advertising Signs
4420 Certain Residential Real Estate Advertising Signs Prohibited.
Repealed by Ord. 15-1563. (Ord. 72-240, § 1; Ord. 72-368, § 2)
4421 Regulation of Residential Real Estate Signs.
Repealed by Ord. 15-1563. (Ord. 72-240, § 1; Ord. 76-368, § 2)
4422 Violation Creating Nuisance.
Repealed by Ord. 15-1563. (Ord. 72-240, § 1; Ord. 76-368, § 2)
4423 Removal of Unauthorized Signs.
Repealed by Ord. 15-1563. (Ord. 76-368, § 1)
4429 Signs, Flags, Streamers, etc., on Vehicles.
Repealed by Ord. 15-1563. (Ord. 74-316, § 1)
Part 3. Aggressive Solicitation
4430 Definitions.
“Aggressive manner” means and includes:
A. Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent;
B. Following the person being solicited, if that conduct is:
(1) Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession, or
(2) Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
C. Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is:
(1) Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession, or
(2) Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
D. Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of the vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one’s constitutional right to picket or legally protest shall not constitute obstruction of pedestrian or vehicular traffic;
E. Intentionally or recklessly using:
(1) Obscene or abusive language or gestures intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession, or
(2) Words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation; or
F. Approaching the person being solicited in a manner that:
(1) Is intended to or is likely to cause a reasonable person to fear imminent harm or the commission of a criminal act upon property in the person’s possession, or
(2) Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
“Automated teller machine (ATM)” means a device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments.
“Automated teller machine facility” means the area comprised of one or more automatic teller machines and any adjacent space which is made available to banking customers after regular banking hours.
“Check-cashing business” means any person duly licensed by the State Banking Department to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of the banking laws.
“Loitering” means standing around, moving slowly about, or lingering or lagging behind.
“Public area” means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, public parking garages, parking lots, parks, playgrounds, schools, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.
“Solicit” means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication. (Ord. 13-1527, § 2)
4431 Prohibition of Aggressive Solicitation.
It shall be unlawful for any person to solicit money or other things of value or to solicit the sale of goods or services in an aggressive manner in a public area. (Ord. 13-1527, § 3)
4432 Prohibition of Solicitation from Specified Locations.
In order to promote the safe and orderly flow of traffic and to prevent the harassment and intimidation of citizens and visitors in the vicinity of certain locations within the City, no person may solicit or beg for any moneys, goods or services, including offering any services in exchange for moneys, goods or services, while located:
A. In any public transportation vehicle or bus or within twenty-five (25) feet of any bus or public transport station or stop;
B. In any public garage;
C. Within twenty-five (25) feet of any entrance or exit of any bank or check-cashing businesses or within twenty-five (25) feet of any automated teller machine; provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility;
D. On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or
E. From any operator of a motor vehicle or a bicycle that is in traffic on a public street, whether in exchange for cleaning the bicycle or the vehicle windows or for blocking, occupying or reserving a public parking space, or directing the occupant to a public parking space; provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle or bicycle. (Ord. 13-1527, § 4)
4433 Demand for Services.
This chapter is not intended to proscribe any demand for payment for services rendered or goods delivered. (Ord. 13-1527, § 5)
4434 Free Speech.
This chapter is not intended to restrict the exercise of protected free speech. (Ord. 13-1527, § 6)
4435 Violation.
Pursuant to CMC 1200, any person who violates any provision of this chapter is guilty of an infraction and is subject to punishment as provided in Chapter 2 of Article I of the Carson Municipal Code. (Ord. 13-1527, § 7)