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:
"Charitable"
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.
"Commercial"
means the purpose of solicitation which is not noncommercial,
as defined in this section.
"Corporation"
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.
"Noncommercial"
means the purpose of solicitation which is charitable, as
defined in this section, religious or political.
"Person"
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.
"Solicitation"
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.
"Solicitation"
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.
"Solicitor"
means any person, whether a resident of the City or not,
engaged in solicitation.
"Vehicle"
means the definition as set forth in the California Vehicle
Code.
(08-07; 14-07; 19-04)
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)
It is unlawful for any person to solicit when the person solicited
is in any of the following locations:
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)