Chapter 4-20
CHARITABLE AND COMMERCIAL SOLICITATIONS
Sections:
4-20.010 Declaration of purpose.
4-20.030 Compliance with state law.
4-20.040 Manner of solicitation—Prohibitions.
4-20.010 Declaration of purpose.
The purpose of this chapter is to protect and promote the public peace, health, and safety by imposing content-neutral reasonable time, place, and manner restrictions on door-to-door charitable and commercial solicitation in residential areas of the city. The City Council finds that such regulations are needed to protect residents in their homes from undue annoyance, such as intimidating and abusive solicitors and intrusions upon the hours of rest, and to prevent crime by discouraging potential or convicted criminals from posing as solicitors. (Prior code § 6-01.005)
4-20.020 Definitions.
As used in this chapter, the following terms shall have meanings as set forth below.
“Charitable purpose” means for the purpose of any nonprofit organization, including patriotic, philanthropic, social services, welfare, benevolent, educational, religious, civil, or fraternal, either actual or purported.
“Commercial purpose” means for the purpose of any person, as identified in this section, organized or devoted to selling goods, services, real property, or information for a profit.
“Contribution” means the giving of anything of value, including money, information (through canvassing and polling), property, or any type of financial assistance, or the pledging of anything of value, including money, property or other type of financial assistance, or the purchasing or offering to purchase anything of value, including, but not limited to goods, services, books, real property, pamphlets, tickets, or subscriptions to publications.
“Person” means any individual, partnership, corporation, or association, including any firm, company, society, organization, church, synagogue, temple, congregation, assembly, or league, and shall include any director, officer, trustee, receiver, assignee, agent, or other similar representative thereof.
“Solicit” and “solicitation” means the request for any contribution for a charitable, or commercial purpose as defined in this section, or the request for a signature, conducted door-to-door at residences. A “solicitation” shall be complete when the request is made, whether or not the person making the request receives any contribution. (Prior code § 6-01.010)
4-20.030 Compliance with state law.
Prior to and while engaging in any solicitation every person shall fully comply with all applicable state law, including the provisions of the California Charitable Disclosure Law as set forth in California Business and Professions Code at Section 17510 et seq., and health and safety laws, as amended from time to time. (Prior code § 6-01.020)
4-20.040 Manner of solicitation—Prohibitions.
No person shall solicit:
A. Between the hours of six p.m. and nine a.m., except by prior appointment;
B. At any house, apartment, or other dwelling to which is affixed a sign indicating “NO SOLICITORS” or similar indication that no solicitation contact is desired by the occupants thereof;
C. At any house, apartment or other dwelling within a homeowners’ association that maintains private streets, where:
1. The homeowners’ association has posted on each entry way to the subdivision a notice in substantially the following form:
Solicitation or Peddling at any house, apartment or dwelling unit within the area on the below map is prohibited and subject to criminal prosecution and a fine of up to $1,000.00
2. A map depicting the area within the homeowners’ association is attached to the notice; and
3. The homeowners’ association has requested in writing that the city extend the provisions of this chapter upon the homeowners’ association’s property;
D. By using profane or abusive language or making verbal threats, either during the solicitation or following the refusal;
E. By stepping onto or over the threshold of a doorway, unless permitted to do so by the occupant;
F. 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 permitted to do so by the occupant;
G. By refusing to leave the premises when asked to do so by the occupant; and
H. By knowingly making false statements or misrepresentations about the purpose of the solicitation.
(Ord. 2010-1 §§ 1, 2, 3; prior code § 6-01.030)
4-20.050 Written receipts.
A. Commercial Solicitation Receipt. Any person receiving money or anything of value from any contributor by means of a solicitation for a commercial purpose shall give such contributor a written receipt showing the name and address of the solicitor; the name of the solicitor’s organization; the date of the contribution, and the amount received from the contribution.
B. Charitable Solicitation Receipt. Any person receiving money or anything of value from any contributor by means of a solicitation for a charitable purpose shall give such contributor a written receipt that complies with all applicable Internal Revenue Service Code provisions relating to written receipts for charitable donations.
(Ord. 2010-1 § 4: prior code § 6-01.040)
4-20.060 Violation—Penalty.
Solicitation in violation of this chapter shall constitute a misdemeanor and shall be subject to punishment in accordance with state law. (Prior code § 6-01.050)