Chapter 5.25
SOLICITATION
Sections:
5.25.02 Aggressive and abusive door-to-door solicitation.
5.25.03 Violation of no soliciting sign.
5.25.04 Solicitation prohibited in public roadways and median islands.
5.25.05 Exception to prohibition on median island solicitation.
5.25.06 Solicitation permitted by Business and Professions Code.
5.25.07 Remedies for violation.
5.25.01 Definitions.
The following definitions apply for the purposes of this chapter:
(a) “Donation solicitation” means any request, by written or spoken words or bodily gesture, made in person, seeking an immediate donation or contribution of money or other item of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation or contribution, is a donation or contribution for the purposes of this section.
(b) “Door-to-door solicitation” means a donation solicitation and any other unsolicited sales of goods or services at a private residence or business. (§ 1, Ord. 09-05, eff. June 10, 2009)
5.25.02 Aggressive and abusive door-to-door solicitation.
No person shall engage in door-to-door solicitation in an aggressive or abusive manner. For the purposes of this section, an “aggressive or abusive manner” means:
(a) Continuing to request a donation or purchase from a solicited person after that person has indicated, by word or conduct, he or she does not wish to make a donation or purchase;
(b) Approaching a solicited person when that person is entering or exiting a motor vehicle or assisting another in doing so;
(c) Threatening a solicited person, by word or conduct, with physical harm or violence;
(d) Using profane or abusive language towards a solicited person;
(e) Intentionally touching or attempting to touch a solicited person without that person’s consent;
(f) Any other words or conduct that would cause a reasonable person, in the position of the solicited person, to fear for his or her safety, the safety of his or her property or the safety of another person accompanying the solicited person. (§ 1, Ord. 09-05, eff. June 10, 2009)
5.25.03 Violation of no soliciting sign.
Notwithstanding the provisions of this chapter, it is unlawful for any person to solicit orders for or to hawk goods, services, or merchandise, or to conduct charitable or other solicitation at any house or residence, when a sign in clear view has been placed prohibiting such solicitation or peddling. For purposes of this section, a sign prohibiting either solicitation or peddling shall be constructed to prohibit both. (§ 1, Ord. 09-05, eff. June 10, 2009)
5.25.04 Solicitation prohibited in public roadways and median islands.
No person shall engage in solicitation, including donation solicitation and the solicitation of goods and services, in any public roadway or in any street divider or median. A “street divider or median” (collectively “median”) means any portion of a public road used to separate lanes going in different directions within the road. This prohibition shall not apply if the roadway is closed to vehicle traffic. (§ 1, Ord. 11-07, eff. August 4, 2011)
5.25.05 Exception to prohibition on median island solicitation.
Notwithstanding the prohibition set forth in Section 5.25.04, solicitation from a median is permissible under the following conditions:
(a) Permit. An individual or organization may apply for a permit to engage in a single day solicitation from a median, not to exceed one permit in any six (6) month period. The permit shall be obtained by filling out an application with the Police Department and paying a fee to cover the costs of processing the permit, as set forth in the City’s Master Administrative Fee Schedule. There shall be two (2) types of permits: (1) a specific median permit that would allow an individual permittee to occupy a specific, City-approved median; and (2) a permit that would allow a permittee to occupy any City-approved median.
(b) Permissible locations. The City’s Engineering Division shall create a document listing the location of medians in the City on which a permittee may conduct solicitation.
(c) Liability insurance. No permit shall be issued under this section unless the permittee obtains and maintains, at no cost to the City, a personal injury and property damage liability insurance policy, with coverage not less than as required by the City’s Risk Manager.
(d) Hold harmless. A permittee shall agree to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers, as provided in a written statement set forth in the permit form, and as approved by the City’s Risk Manager and the City Attorney.
(e) Safety wear. All permittees shall wear orange or yellow colored safety clothing. Such clothing shall include, but not be limited to, bright orange colored or other highly visible colors in the form of reflective vests and/or shirts.
(f) Age of permittee. All permit applicants shall be eighteen (18) years of age or older. In the case of a multiple-median permittee, persons no younger than sixteen (16) years of age may request and be permitted to act in the approved median if they have been given instruction in safety procedures by the permittee and are directly monitored by the adult permittee or authorized representative. For organizational permittees, all persons to be covered under the permit shall be listed in the application, with proof of age provided by the organization for each person.
(g) Possession of permit. All specific median permittees shall carry and display the permit or copy of the permit while on the median. Any such person must show the permit to any City employee upon request.
(h) Obstructions prohibited. No permittee shall bring any signs, materials or other objects on the median that will obstruct any signal light or extend into a traffic lane or obscure any traffic sign on the median. No animal shall be allowed on the median, other than a service animal. No person, sign, material, animal or other object on the median shall obstruct any signal light or extend into a traffic lane or other traffic sign.
(i) Stepping off median; Moving vehicles. No person shall step off the median to exchange any object with a vehicle occupant. No person shall exchange any object with an occupant of a moving vehicle.
(j) Cleanup of median. All permittees shall be required to clean up and remove all litter, junk or any other material before they leave the median. Any person or organization violating this section shall be required to reimburse the City for any costs related to the cleanup and removal of any items left on the median.
(k) Federal, State and local laws. Permittees, including all persons covered under the permit, shall follow all applicable Federal, State and local laws while on the median.
(l) Written acknowledgement. All permittees shall at the time of application sign an acknowledgement and agreement to abide by all the rules and regulations listed in this chapter.
(m) Permit time period; Number of permits; Nontransferability. A permit issued under this section shall only be valid from sunrise to sunset of the date listed on the permit. The permit is revocable due to unsafe conditions, such as poor visibility, including weather, fog or as determined by the Clovis City Engineer or a Clovis police officer. A specific median permit or multiple median permit shall not be issued to an individual or organization more than once every six (6) months. Permits issued under this section shall be nontransferable. (§ 1, Ord. 11-07, eff. August 4, 2011)
5.25.06 Solicitation permitted by Business and Professions Code.
Notwithstanding the prohibition set forth in Section 5.25.04 and the restrictions set forth in Section 5.25.05, charitable solicitations by public safety personnel from public roadways and medians shall be allowed as set forth in California Business and Professions Code Section 17510.25. (§ 1, Ord. 11-07, eff. August 4, 2011)
5.25.07 Remedies for violation.
(a) A violation of this chapter shall be subject to the penalty provisions of Chapter 2 of Title 1.
(b) Nothing in this chapter shall limit or preclude the enforcement of other applicable laws. (§ 1, Ord. 09-05, eff. June 10, 2009; § 1, Ord. 11-07, eff. August 4, 2011. Formerly 5.25.04)
5.25.08 Severability.
This chapter is enacted pursuant to the City’s police powers. If a court of competent jurisdiction declares any part of this chapter unlawful, such invalidity shall not affect the validity of the remaining portions of this chapter. The City shall interpret and enforce this chapter in a manner consistent with State and Federal law and any court order. (§ 1, Ord. 09-05, eff. June 10, 2009; § 1, Ord. 11-07, eff. August 4, 2011. Formerly 5.25.05)