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 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
1st 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.
(08-07)
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:
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.
means the purpose of solicitation which is not noncommercial,
as defined in this section.
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.
means the purpose of solicitation which is charitable, as
defined in this section, religious or political.
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 the definition
of corporation.
includes the act of any person, whether a resident of the City or not, 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 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; or (3) selling and making immediate delivery of any services of any kind or description, commonly referred to as "peddling." Notwithstanding the foregoing, the term "solicitation" does not include "sidewalk vending" in accordance with Chapter 5.50 of this Code and subject to a valid sidewalk vendor permit.
shall not include the following so long as the person is
not requesting money, credit, funds, contributions, personal property
or anything of value: (1) a person communicating or otherwise conveying
ideas, views or beliefs or otherwise disseminating oral or written
information to a person willing to directly receive such information,
provided that such information is of a political, religious or charitable
nature; (2) a person seeking to influence the personal belief of the
occupant of any residence or business in regard to any political or
religious matter; (3) a person seeking to obtain, from an occupant
of any residence or business, an indication of the occupant's belief
in regard to any political or religious matter; (4) a person conducting
a poll, survey or petition drive in regard to any political matter;
or (5) a person carrying, conveying, delivering or transporting dairy
products, newspapers or other goods to regular customers on established
routes or to the premises of any person who had previously ordered
such products or goods and is entitled to receive the same.
means any person, whether a resident of the City or not,
engaged in solicitation.
means the definition as set forth in the California Vehicle
Code.
(08-07; 14-07; 19-04)
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 5.40.010), both the person soliciting and the employer or other person upon whose behalf solicitation is being made must have valid solicitation permits as set forth in this chapter and business tax certificates as set forth in Chapter 4.10, 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 display visible to persons contacted 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 5.40.010), such person shall carry written authorization to act on behalf of such third party and display visible to persons contacted 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:
C.
Children
under the age of 12 shall be accompanied by an adult.
D.
All
massage establishments must comply with the requirements of California
Civil Code Section 52.6 which requires the posting of notices concerning
human trafficking and slavery in a public and conspicuous place.
(08-07; 21-06)
A.
The
following provisions shall apply to the permit application for commercial
solicitation:
1.
The application for a permit required by Section 5.40.020(A) shall be made upon a form prescribed by the City Manager, or his or her designee, available at the Police Department and shall include, but 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 police department;
b.
Proof of LiveScan Fingerprinting. Fingerprinting must be done at
the City Police Department. The applicant must present a valid identification
card issued by a state within the United States of America prior to
being printed;
c.
Complete employment history for the past ten 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 affiliated persons (as defined in Section 5.40.010) 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 completed Claremont Business Tax Certificate application;
and
j.
Such other information as the Chief of Police 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 Chief of Police.
3.
The
application shall be submitted under penalty of perjury and be submitted
to the police department 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 Chief of Police shall issue the permit to solicit if the following requirements have been met, subject to the criminal background check in Section 5.40.040:
a.
The applicant has properly completed and 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 provided all the information required on the application.
d.
The applicant has not made any misrepresentation of any fact in the
application.
6.
The
Chief of Police 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 Chief of Police 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 5.40.020(B) shall be made upon a form prescribed by the City Manager, or his or her designee, available at the police department and shall include, but not be limited to, the following information:
a.
The name, address and a brief description of the applicant; and
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.
2.
The
application shall be submitted to the police department at least 30
calendar days prior to the time the solicitor requests to engage in
solicitation.
3.
The
Chief of Police shall issue the permit to solicit if the following
requirements have been met:
a.
The applicant has properly completed and filed his or her application.
b.
The applicant has provided all the information required on the application.
c.
The applicant has not made any misrepresentation of any fact in the
application.
d.
The Chief of Police may issue the permit subject to conditions as
may be necessary for the public health, safety, peace and welfare.
4.
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 Chief of Police within two weeks
of the change.
(08-07)
B.
The Chief of Police shall initiate criminal history record background checks of prospective solicitors, including those persons acting on behalf of an employer or other person (as defined in Section 5.40.010).
C.
A criminal
history record background check shall not be initiated pursuant to
this section without the written consent of the person. The consent
required under this section shall be in the manner and form prescribed
by the Chief of Police and shall include, but not be limited to, the
signature, name, address and fingerprints of the person.
D.
The
Chief of Police shall not certify a person subject to the provisions
of this chapter 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, subject to the provisions in subsection I of this section.
F.
The
Chief of Police 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
Police Department shall promptly notify a person whose criminal history
record background check reveals a disqualifying criminal conviction.
H.
The
person shall have 30 calendar days from the receipt of that notice
to petition the police department for a review and to cite reasons
substantiating the review.
I.
If the
person successfully challenges the accuracy of the criminal history
record information or the person demonstrates affirmatively to the
governing body clear and convincing evidence of rehabilitation, the
Chief of Police may issue a certificate indicating the person has
successfully cleared a background check.
(08-07)
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 90 days 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 Chief of Police shall determine if the applicant or
solicitor has acted in 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 the applicant or solicitor is found 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
Chief of Police may revoke any permit granted under the provisions
of this chapter 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 5.40.010) 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 5.40.010) 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.
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.
2.
Upon application for renewal of the permit, an applicant claiming nonreligious, nonpolitical, charitable status shall resubmit the materials described in Section 5.40.030(B)(1)(b).
(08-07)
A.
Any applicant aggrieved by any decision by the Chief of Police on an application for, renewal of or revocation of a permit, may appeal such decision within 10 calendar days after the notice is given of the decision pursuant to Chapter 5.20.
B.
The
appeal shall be filed on forms provided by the City 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 appeal shall be referred to the City Manager who may appoint a hearing officer or body to conduct a hearing on the matter pursuant to Chapter 5.20.
(08-07)
A.
The
Finance Department shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Finance Department
that soliciting is not permitted on the premises (hereinafter referred
to as the "Do Not Knock" Registry).
B.
Notification
shall be by completion of a form available at City Hall during normal
business hours and shall be valid for one year.
C.
The
list shall be updated every 30 days and shall be effective on the
first day of each month.
D.
Any owner and/or occupant who has requested enlistment on the Do Not Knock Registry, pursuant to subsection A herein, shall be able to purchase from the Finance Department, for a nominal fee, a sticker or sign for display indicating enlistment on the Do Not Knock Registry.
E.
The
Finance Department 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 Finance Department.
G.
Solicitors
shall not solicit at any premises identified on the then current Do
Not Knock Registry.
(08-07)
A.
It is
unlawful for any person to engage in solicitation within the City
without a valid solicitation permit issued by the Chief of Police.
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 tax certificate issued pursuant to Chapter 4.10.
C.
Solicitors shall obtain an updated version of the Do Not Knock Registry on the first of each month, as specified in Section 5.40.070(F).
D.
It is unlawful for any person to solicit at any premises identified on the then current Do Not Knock Registry, engage in unwanted solicitations, engage in abusive solicitation, violate the sound making and sound amplification device prohibition, solicit at a prohibited location, violate the permissible hours for solicitation or solicit from a vehicle, as provided in Sections 5.40.070 and 5.40.090 through 5.40.140.
E.
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.
(08-07)
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 where the owner, adult occupant or other person in control thereof has expressed his or her objection to such activity either by explicit instructions, oral or written, or by posting a sticker or sign indicating the location is listed on the City's Do Not Knock Registry pursuant to Section 5.40.070, 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 adult 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.
(08-07)
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;
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.
(08-07)
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 16.154.
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 special
event authorized by the City.
(08-07)
It is unlawful for any person to solicit when the person solicited
is in any of the following locations:
A.
A marked
bus stop;
B.
Public
transportation vehicles or facilities;
C.
Public
parking lots or parking structures;
D.
Outdoor
dining areas of restaurants or other dining establishments serving
food for immediate consumption; or
E.
Within
50 feet of an automated teller machine.
(08-07)
It is unlawful for any person, while soliciting, 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.
(08-07)
A.
No person
shall stand or park any vehicle equipped or used for solicitation
on any street or public right-of-way for purposes of such solicitation
without obtaining a written permit to do so from the City Engineer
or as otherwise permitted pursuant to this Code.
B.
Any
operator of a vehicle equipped or used for soliciting on any public
or private property shall comply with the following regulations:
1.
Each operator at all times shall possess and display in conspicuous view upon each such vehicle a valid permit issued pursuant to this chapter and a business tax certificate issued pursuant to Chapter 4.10.
2.
Each
operator shall display in conspicuous view the name, address and telephone
number of the holder of the permit issued pursuant to this chapter
and shall permanently affix the permit on both the left and right
sides of the vehicle. Such information shall be in letters and numerals
not less than four inches in height and shall be in contrast to the
color of the background upon which the letters are placed.
3.
No operator may cause the sale or offer for sale any food item without complying with the provisions of Chapter 8.04.
4.
No
vehicle shall be parked, stopped or left standing in any manner which
blocks or impedes vehicular access to any driveway or restricts the
free and safe movement of other vehicles or pedestrians upon a right-of-way.
5.
No
soliciting from a vehicle shall be permitted except after the vehicle
has been brought to a complete stop and parked in a lawful way.
(14-07)
A.
The applicant or solicitor shall be responsible for the conduct of all persons (as defined in Section 5.40.010) acting with or on the 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 the 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.
(08-07)
