Chapter 9.54
SOLICITATION OF MONEY AND/OR PROPERTY
Sections:
9.54.010 Declaration of policy.
9.54.030 Registration –Required.
9.54.040 Permitted times and places.
9.54.050 Prohibited practices.
9.54.010 Declaration of policy.
It is declared as public policy within the city, in order to protect and safeguard the peace, good order and comfort of the community, that all solicitation of money and/or property within the boundaries of the city complies with all the provisions of this chapter as hereinafter set forth, it being the intent of the city council and the purpose of this chapter to secure the privacy of the citizens in their homes, property, places of business and to protect and safeguard all persons from harassment or invasions upon their privacy while within the city. (Ord. 302 § 2, 1977)
9.54.020 Definitions.
For purposes of this chapter, the following definitions apply:
A. General Public. “General public” means and includes any and all persons, whether residents of the city or not, while such persons are physically present within the corporate boundaries of the city.
B. Person. “Person” means and includes all persons, singular and plural, masculine and feminine, adult or minor, and also includes any firm, corporation (profit or nonprofit), partnership, association, or other group of persons or entity.
C. Private Property. “Private property” means all property, whether real or personal, which is owned, leased, or otherwise lawfully held, possessed or controlled by a private, nongovernmental body.
D. Public Place. “Public place” means exclusively, all improved streets, sidewalks and alleyways maintained by the city or state and municipal parks and parking areas owned and maintained by the city or other governmental body.
E. Solicitation. “Solicitation,” as used in this chapter only, means the asking, requesting, taking or attempting to take money or property from the general public, or any member thereof, for any purpose, during the course of, pursuant to or as the result of any face to face conversation, confrontation, or exchange between persons. (Ord. 302 § 3, 1977)
9.54.030 Registration –Required.
No person shall engage in any solicitation within the limits of the city without having first registered with the city clerk, by name, residence and business address, residence and business telephone number, the purpose of any proposed solicitation, and the name of any other person on behalf of whom any solicitation is to be made, for the purpose of aiding the city officials in referring and resolving complaints, if any. (Ord. 302 § 4, 1977)
9.54.040 Permitted times and places.
No person shall engage in solicitation within the city, except between the hours of nine a.m. and six p.m., and no person shall engage in solicitation within the city except in a public place; provided, that nothing in this chapter is construed to prohibit any person from engaging in solicitation while the person is physically located on private real property, owned, leased or otherwise lawfully held, possessed or controlled by the person. (Ord. 302 § 5, 1977)
9.54.050 Prohibited practices.
No person, while engaging or attempting to engage in solicitation within the city, shall:
A. Enter upon any other person’s private property without the express consent or permission of the other person;
B. Obstruct the free passage of the general public or members thereof in any public or private place, including vehicular and pedestrian traffic;
C. Molest, assault, harass or touch (without consent) the general public or any member thereof;
D. Persist or continue in any solicitation or attempted solicitation of any particular member or members of the general public, after being informed by the member or members of the general public that the member or members do not wish or desire any further solicitation efforts;
E. Deliver any handbills or other material of any nature, whatsoever, without ensuring that all handbills and materials which are discarded in any public place are removed and cleared by the person making the solicitations from such public place or places within four hours after it is discarded;
F. Fail or refuse to wear in a prominent and conspicuous manner an identification badge or other means of readily identifying such person to the general public, which badge or other means of identification identifies the name of the person and the purpose of the solicitation or person upon whose behalf the solicitation is being made. (Ord. 302 § 6, 1977)
9.54.060 Commercial.
A. Nothing in this chapter relieves any person of the obligations, duties, prohibitions, restrictions, and/or regulations imposed by this chapter or which may otherwise apply by law to commercial solicitation within the limits of the city.
B. “Commercial solicitation” means any solicitation, including the taking or attempting to take order for which the person engaged in solicitation gives or promises to give, in the future, any services, goods, wares or merchandise of any kind. (Ord. 302 § 7, 1977)