The city council hereby finds that unregulated peddlers, solicitors
and transient vendors can result in public nuisance and other dangers
to public health and safety. The city council finds that the public
interest, convenience and necessity require the regulation of peddlers,
solicitors and transient vendors in order to promote free speech activities
while safeguarding the safety of the residents of the city. Requiring
registration and permitting of all peddlers, solicitors and transient
vendors will assist in protecting the public against persons of criminal
habits or tendencies representing themselves as peddlers, solicitors
or transient vendors.
(Ord. 1972 § 2, 1999)
The practice of going in and upon private residences or residential
property in the city by solicitors, peddlers, hawkers, itinerant merchants
and transient vendors of merchandise, not having been requested or
invited to do so by the owner or occupant of such private residences,
for the purpose of soliciting donations, contracts or services, orders
for the sale of contracts, services, goods, wares or merchandise or
for the purpose of disposing of, or peddling, or hawking the same,
or any of them, is prohibited and declared to be a nuisance except
as provided for in this chapter.
(Ord. 1972 § 2, 1999)
The provisions of this chapter shall not extend to any person
exempt from such regulation under any provision of the Constitution
or laws of the United States or the Constitution or any statute or
code of this state.
(Ord. 1972 § 2, 1999)
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Permit
is the revocable permission issued by the city pursuant to
this article granting to an individual the right to solicit on private
property and residential property, subject to the provisions of this
article.
Solicit and solicitation
means the request, directly or indirectly, of money, contribution,
credit, property, financial assistance or other thing of value. These
words shall also mean and include the sale of, offer or attempt to
sell, any contract, service, wares or merchandise. A "solicitation"
as defined in this article shall be deemed completed when made, whether
or not the person making the same receives any contribution or makes
any sale referred to in this article.
(Ord. 1972 § 2, 1999)
No person shall enter or go onto residential property or premises to solicit if there is placed on residential property or premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Solicitation" or "No Trespassing" or any similar notice indicating in any manner that the residents of such premises do not desire to have their privacy disturbed. In addition to any other remedies available under law, any entry on to property, which displays such a sign, shall be in violation of the solicitation permit and subject the permit to revocation in accordance with Section
28.01.140.
(Ord. 1972 § 2, 1999)
An application for a permit to solicit as provided by Section
28.01.070 shall be made to the city clerk upon forms provided by the city. Such application shall be sworn to and filed with the city clerk at least ten days prior to the time at which the permit applied for becomes effective; provided, that the city clerk may for good cause shown allow the filing of an application less than five days, prior to the effective date of the permit applied for. The city clerk shall either grant or deny the requested permit within five days of the date the application is made. In the event the city clerk fails to act within the time prescribed herein, the permit shall be deemed granted.
(Ord. 1972 § 2, 1999)
The application required under this article shall contain the
following information, or, in lieu thereof, a detailed statement of
the reason why such information cannot be furnished:
(a) The name, address and phone number of the person applying for the
permit;
(b) The name, address and phone number of the person who will managing
the solicitation, as well as the name, address and phone number of
the company represented, if any, including national, state, regional
or local headquarters;
(c) An outline of the method to be used in conducting the solicitations;
(d) The time when such solicitations shall be made, giving the preferred
dates for the beginning and ending of such solicitations;
(e) A statement to the effect that if a permit is granted, it will not
be used or represented in any way as an endorsement by the city, or
by any department or officer thereof;
(f) Two passport photos, one for use on the permit, the other to remain
with the records of the city clerk;
(g) If solicitation is on behalf of a non-profit organization, copies
of any certification issued by a federal, state or county taxing authority
indicating the tax-exempt status of the applicant;
(h) Such other information as may reasonably be required by the city
clerk in order to determine the kind and character of the proposed
solicitation and whether such solicitation will endanger the physical
health or safety of the inhabitants of the city, including, but not
limited to, the following:
(1) The names, addresses and phone numbers of all persons connected or
to be connected with the proposed solicitation;
(2) A full statement of the character and extent of the work being done
by the applicant within the city.
(Ord. 1972 § 2, 1999)
The city clerk shall issue the permit provided for in this article
whenever the city clerk finds the following facts to exist:
(a) That the application has properly completed the application and all
of the statements made therein have been declared to be true by the
applicant. A verified application may be considered as evidence of
the truth of the statements made therein;
(b) That the kind, character and method of the proposed solicitation,
the time when it will take place, and its duration are such that the
solicitation will not endanger the physical health or safety of the
public;
(c) That, if the applicant has solicited in the city on prior occasion
while this article was in effect, applicant complied in every respect
with the regulations contained in this article.
(Ord. 1972 § 2, 1999)
The city clerk shall file for public inspection a statement
of the decision upon each application, and shall notify the applicant
of such decision.
(Ord. 1972 § 2, 1999)
Together with the application for a permit under this article,
there shall be paid to the city treasurer, to cover the cost of processing
the permit, a sum to be set by resolution of the city council, as
amended from time to time, to cover the cost of reviewing the application
and processing the permit.
(Ord. 1972 § 2, 1999)
Permits issued under this article shall bear the name and address
of the person who will make the solicitation(s), the number of the
permit, the date issued, the dates within which the permit holder
may solicit and a statement that the permit does not constitute an
endorsement by the city or by any of its departments, officers or
employees for the purpose of or the person conducting the solicitation.
All permits shall be signed by the city clerk and contain a picture
identification of the permit holder.
(Ord. 1972 § 2, 1999)
(a) Term. No permit may grant the right to solicit longer than ninety
days from its date, but the city clerk shall renew the permit within
ten days of such request if the factual information upon which the
original application was granted remains unchanged and that no violation
of this article has been committed. If factual information in the
original application has changed, a new application shall be required.
(b) Proscribed hours. The permit shall only grant the right to solicit during the hours of 8:00 a.m. to 8:00 p.m. daily. Any violation of the proscribed hours shall result in the revocation of the permit in accordance with Section
28.01.140.
(c) A permittee shall carry and display, the permit at all times when
engaged in solicitation.
(Ord. 1972 § 2, 1999)
Any permit issued under this article shall be nontransferable
and shall be returned to the city clerk within two days of its date
of expiration.
(Ord. 1972 § 2, 1999)
Whenever it is shown, or whenever the city clerk has knowledge,
that any person to whom a permit has been issued under this article
has violated any of the provisions of this article, including any
solicitation taking place before 8:00 a.m. or after 8:00 p.m. daily,
the city clerk shall immediately suspend the permit and give the permit
holder written notice by registered, special delivery mail of a hearing
to be held within two days of such suspension to determine whether
or not the permit should be revoked. This notice shall contain a statement
of the facts upon which the city clerk has acted in suspending the
permit. At the hearing, the permit holder, and any other interested
person, shall have the right to present evidence as to the facts upon
which the city clerk has based the suspension of the permit, and any
other facts which may aid the city clerk in determining whether this
article has been violated. If, after such hearing, the city clerk
finds that the article has been violated, the city clerk shall, within
two days after the hearing, file for public inspection and serve upon
the permit holder by mail, a written statement of the facts upon which
such findings are based and shall immediately revoke the permit. If,
after such hearing, the city clerk finds that the article has not
been violated, the city clerk shall, within two days after the hearing,
give to the permit holder a written statement canceling the suspension
of the permit and stating that no violation was found to have been
committed.
(Ord. 1972 § 2, 1999)
The chief of police shall be notified forthwith by the city
clerk of the suspension or revocation of any permit issued under this
article.
(Ord. 1972 § 2, 1999)
The city clerk shall examine all applications filed under this
article and shall attempt to verify all the information supplied by
the application.
(Ord. 1972 § 2, 1999)
If, while any application is pending, or during the term of
any permit granted thereon, there is any change in fact, policy or
method that would alter the information given in the application,
the applicant shall notify the city clerk in writing thereof within
twenty-four hours after such change.
(Ord. 1972 § 2, 1999)
All persons to whom permits have been issued under this article
shall furnish proper credentials for such solicitation. No solicitor
shall solicit under any permit granted under this article without
the credentials required by this section. The permit shall displayed
to all persons solicited and to any police officer of the city.
(Ord. 1972 § 2, 1999)
The city clerk may refer any application for a permit under
this article to the city council for its decision thereon.
(Ord. 1972 § 2, 1999)
Within five days after receiving notification that an application
for a permit to solicit under this article has been denied, or that
a permit has been revoked, any applicant may file a written request
for a public hearing on such application or revocation before the
city council, together with written exceptions to the findings or
reasons upon which the city clerk based the denial or revocation of
the permit. Upon the filing of such a request with the city clerk,
the city clerk shall notify the applicant of the hearing. The hearing
shall be held at the earliest regularly scheduled city council meeting
for which proper notice can be accomplished. At the hearing, the applicant
may present evidence showing that he or she is entitled to a permit.
Any interested person may, in the discretion of the city council,
be allowed to participate in the hearing and present evidence in opposition
to the issuance or reissuance of a permit. Within ten days after the
conclusion of the hearing, the city council shall render a written
report either granting or denying the permit. This report shall be
filed in the city clerk's office for public inspection and, a copy
shall be served by mail upon the applicant and all parties to the
hearing.
(Ord. 1972 § 2, 1999)
No person shall directly or indirectly solicit contributions
for any purpose by misrepresentation of his or her name, occupation,
financial conditions, social condition or residence. No person shall
make or perpetrate any misstatement, deception or fraud in connection
with any solicitation of any purpose in the city, or in any application
or report filed under this article.
(Ord. 1972 § 2, 1999)
Nothing in this article shall be construed as granting to the
city clerk, or to any other person, the authority to grant, deny,
revoke, renew, or suspend any permit for any reason not specifically
provided for in this article.
(Ord. 1972 § 2, 1999)
It is determined, regarding the public nuisance created by the
indiscriminate distribution of handbills and circulars, particularly
commercial handbills as herein defined, with the resulting detriment
and danger to public health and safety, that the public interest,
convenience and necessity require the regulation thereof; it is further
determined, in order to promote free speech activities which may be
arbitrarily restricted by the use of criminal trespass statutes to
bar nondisruptive, noncommercial handbill distributors, petition circulators
and voter registrars from premises generally open to the public with
the resulting detriment and danger to the general welfare, that the
public interest, convenience and necessity require the regulation
thereof; and to those ends the purposes of this article are specifically
declared to be as follows:
(a) To protect the public against the unlawful activities or operation
of dissolute persons of criminal habits or tendencies, representing
themselves as handbill distributors, by requiring the registration
of all such handbill distributors, as well as the names of their employers,
and by regulating the business of handbill and advertising distribution
through the imposition of reasonable license fees.
(b) To protect local residents against trespassing, by handbill distributors,
upon the private residential property of such residents if they have
given reasonable notice that they do not wish to be solicited by such
persons or do not desire to receive handbills or advertising matter.
(c) To protect local owners and occupiers of free-standing stores immediately
surrounded by public walkways and streets against unreasonable interference
with their business operations by persons distributing and displaying
noncommercial handbills or petitions, if such owners and occupiers
have given reasonable notice that they do not wish their stores to
be used as a forum for such distribution or display; since in such
cases reasonable access to patrons is available to persons desiring
to distribute handbills and display petitions by use of immediately
adjoining public streets and sidewalks.
(d) To protect the public against the health and safety menace and the
expense incident to the littering of the streets and public places
by the indiscriminate and uncontrolled distribution of advertising
matter and commercial handbills.
(e) To encourage maximum participation in community affairs by opening
a forum where persons who do not have the resources to purchase time
or space in the mass media may have an opportunity to influence the
views of their fellow citizens on matters of general interest at premises
generally open to the public, where public ways do not provide immediate
and reasonable access to patrons; provided, that the persons do not
unreasonably interfere with the private use of the premises.
(f) To preserve to the public its constitutional right to receive and
disseminate information not restricted under the ordinary rules of
decency and good morals and public order, by distinguishing between
the nuisance created by the indiscriminate distribution of advertising
and commercial circulars and the right to deliver noncommercial handbills
to, and the right to display and solicit support for petitions from,
all who are willing to receive or support such handbills and petitions.
(Ord. 796 § 2)
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Billposter.
Any person engaging in the business for hire of posting,
fastening, nailing or otherwise affixing any written, painted or printed
matter of any kind, or other form of reproduction thereof, hereinafter
called "sign", containing a message or information of any kind whatsoever,
to any outdoor billboard or to or upon any bridge, fence, pole, post,
sidewalk, tree or to or upon the exterior of any other structure;
except, that the terms of this definition shall not apply to nor include
any such sign mounted on, fastened to or suspended from the outside
of any building or other structure, in accordance with and authorized
by any provisions of an ordinance or statute, either for any public
convenience or use, or regulating the construction or use of outdoor
display signs.
Commercial handbill.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter or literature:
(1)
Which advertises for sale any merchandise, product, commodity,
service or thing; or
(2)
Which directs attention to any business or mercantile or commercial
establishment or other activity, for the purpose of either directly
or indirectly promoting the interests thereof by sales; or
(3)
Which directs attention to or advertises any meeting, theatrical
performance, exhibition or event of any kind, for which an admission
fee is charged for the purpose of private gain or profit or for the
purpose of fund-raising for a political candidate, campaign or ballot
measure, if profit is thereby derived either directly or indirectly
by any person; but the terms of this clause shall not apply where
an admission fee is charged or a collection is taken up for the purpose
of defraying the expenses incident to such meeting, theatrical performance,
exhibition or event of any kind, when either of the same is held,
given or takes place in connection with the dissemination of information
which is not restricted under the ordinary rules of decency, good
morals, public peace, safety, and good order; provided, that nothing
contained in this clause shall be deemed to authorize the holding,
giving or taking place of any meeting, theatrical performance, exhibition
or event of any kind without a license, where such license is or may
be required by any law of the state, or under any ordinance of the
city; or
(4)
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes or for the private
benefit and gain of any person so engaged as advertiser or distributor.
Handbill distributor.
Any person engaging or engaged in the business for hire or
gain of distributing commercial or noncommercial handbills, other
than newspapers distributed to subscribers thereof, and any person
receiving compensation directly or indirectly for the distribution
of such handbills.
Newspaper.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, any periodical
or current magazine regularly published with no fewer than four issues
per year, and sold to the public.
Noncommercial handbill.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a sign or a commercial handbill or a newspaper.
Person.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Petition.
Any printed or written matter displayed to solicit public
support for or dissatisfaction with ordinances, initiatives, referendums,
recalls or similar matters, through the securing of signatures from
members of the general public.
Petitioner.
Any person engaging in or engaged in the business for hire
or gain of displaying petitions and securing support therefor, and
any person receiving compensation directly or indirectly for the display
of such petitions and securing support therefor.
Private premises.
Any dwelling, house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant;
any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox
belonging or appurtenant to such dwelling, house, building or other
structure. Also, a single store, market or shop that is not part of
a cluster of shops and does not include and is not surrounded by a
private walkway or parking lot, but is bounded by a public walkway.
Public place.
Any and all streets, boulevards, avenues, lanes, alleys or
other public ways, and any and all public parks, squares, spaces,
plazas, grounds and buildings.
Shopping center.
A store, market or shop or a cluster of stores and markets
and shops or other premises generally open to the public for the purpose
of promoting business or mercantile or commercial interests by sales;
the premises of which include or are surrounded by private walkways
or a private parking lot.
(Ord. 796 § 2)
It shall be unlawful for any person to deposit, place, throw,
scatter or cast any commercial handbill in or upon any public place
within this city; and it shall be also unlawful for any person to
hand out or distribute or sell any commercial handbill in any public
place; provided, that it shall not be unlawful for any person to hand
out or distribute, without charge to the receiver thereof, any noncommercial
handbill in any public place to any person willing to accept such
noncommercial handbill.
(Ord. 796 § 2)
It shall be lawful for any person to distribute any noncommercial
handbill, or to display any petition and collect signatures thereon,
or act as a registrar of voters at a shopping center.
(a) The owner or occupier or agent of a shopping center or stores contained
therein need only allow such persons to hand out or distribute such
noncommercial handbills or display or solicit support for such petitions
on or in the private walkways, malls and private parking lots. It
shall not, however, be unlawful for a person to hand out or distribute
noncommercial handbills or display or solicit support for petitions
within the stores, markets or shops contained therein if such owner,
occupier or agent has given permission to allow such distribution,
display or solicitation within such premises.
(b) This section shall not be deemed to repeal, amend or modify any statute
that prohibits the obstruction of streets, sidewalks or places open
to the public, or the entrance onto property with the intention of
interfering with, obstructing or injuring any lawful business or occupation
carried on by the owner of such land, his or her agent or by the person
in lawful possession.
(Ord. No, 796 § 2)
It shall be unlawful for any person to distribute, deposit,
place, throw, scatter or cast any noncommercial or commercial handbill
in or upon any automobile or other vehicle.
(Ord. 796 § 2)
It shall be unlawful for any person to knowingly distribute,
deposit, place, throw, scatter or cast any commercial or noncommercial
handbill or display any petition in or upon any private premises which
are temporarily or continuously uninhabited or vacant or in or within
any shopping center or any store, market or shop contained therein,
at any time such premises are not open for business.
(Ord. 796 § 2)
It shall be unlawful for any person to distribute, deposit,
place, throw scatter or cast any commercial or noncommercial handbill
or petition upon any private residential premises if requested by
anyone thereon not to do so, or upon any private business premises
that are not part of a shopping center if requested by the owner,
occupier or agent of such premises not to do so, or if there is placed
on residential premises in a conspicuous position near the entrance
thereof a sign bearing the words: "No Trespassing"; "No Peddlers or
Agents"; "No Advertisement"; or any similar notice indicating in any
manner that the occupants of such premises do not desire to be molested
or to have their right of privacy disturbed, or to have any such handbills
or petitions left upon such premises.
(Ord. 796 § 2)
No person licensed under the provisions of this article, or
any other person, shall distribute, deposit, place, throw, scatter
or cast any commercial or noncommercial handbill in or upon any private
premises which are inhabited, except by handing or transmitting any
such handbill directly to the owner, occupant or any other person
then present in or upon such private premises; provided, that in cases
of inhabited private premises which are not posted as provided in
this article, a person, unless requested by anyone upon such premises
not to do so, may place or deposit any such handbill in or upon such
inhabited private premises, if such handbill is so placed or deposited
as to secure or prevent such handbill from being blown or drifted
about such premises or elsewhere; except, that mailboxes may not be
so used when so prohibited by federal postal laws or regulations.
(Ord. 796 § 2)
It shall be unlawful for any person to distribute, deposit,
scatter, hand out or circulate any commercial handbill in any place,
under any circumstances, which does not have printed on the cover,
front or back thereof the following:
(a) The name and address of the person who printed, wrote, compiled or
manufactured such handbill; provided that in the case of a fictitious
person or club, in addition to such fictitious name, the true names
and addresses of the owners, managers or agents of the persons printing,
writing or manufacturing such handbill shall also appear thereon.
(b) The name and address of the person who caused such handbill to be
distributed; provided that in the case of a fictitious person or club,
in addition to such fictitious name, the true names and addresses
of the owners, managers or agents of the person sponsoring such handbill
shall also appear thereon.
(c) The following statements shall appear on the cover or front of the
commercial handbill:
"NOTICE TO RESIDENT. Persons desiring to discontinue future deliveries of this commercial handbill to their residence may do so by calling (local telephone number). (Davis Municipal Code, Section
28.03.090)"
The aforesaid statement shall be printed in ten point type or
larger.
(Ord. 796 § 2)
(a) It shall be unlawful for any person to engage in the business of
billposting for hire or distributing handbills for hire or for any
person to distribute commercial or noncommercial handbills, without
first complying with the terms of this article and all other relevant
laws and regulations; provided that nothing contained herein shall
apply to any person advertising his or her business or activity upon
his or her own premises, if such business or activity is regularly
established at a definite location in the city, and if a license has
been obtained therefor, if such license be required under the terms
of any applicable law or ordinance.
(b) Any person desiring to engage, as principal, either in the business
of billposting for hire, or in the business of distributing commercial
or noncommercial handbills for hire, or in the business of distributing
or procuring signatures upon petitions for hire, or in the activity
of distributing commercial handbills, shall make application to and
receive from the city manager, or other designated officer, a license
in the manner and for the period prescribed by the terms of this article
and by all relevant provisions of this Code. Such applicant shall
make written application to the city manager upon a form or forms
provided for such purpose by the city manager. Such form shall contain,
among other data that may be required, the name, the business address,
and a brief description of the nature of the business to be conducted
by the applicant; the probable number of agents and employees to be
engaged, and a request for a license for the period for which the
applicant seeks to engage in such business.
(c) Without excluding other just grounds for revocation, the city manager
may revoke any license obtained under an application containing false
or fraudulent statement knowingly made by the applicant with intent
to obtain a license by means of false or fraudulent representations,
or for violation of this article, or on any other grounds specified
by law. Such applications shall be accompanied by the fee hereinafter
provided for. No license issued under this article shall be transferable;
and if any such license shall be surrendered by the licensee therein
named, or shall be revoked for cause, neither the licensee named in
such license nor any other person shall be entitled to any refund
or any part of such fee.
(d) License fees under the terms of this article, and for any such purpose,
shall be in the amount provided in the business license ordinance
of the city; provided that persons acting for licensees, as agents
or employees in the posting or distributing of any such signs or handbills,
shall not be required to obtain a license or pay a fee, but each such
person shall comply with each and all of the other provisions hereof
and be subject thereto.
(Ord. 796 § 2; Ord. 1573 § 2)
The provisions of this article shall not be deemed to apply
to the distribution of mail by the United States, nor to newspapers
as defined in this article. This article shall not apply to labor
activities, including peaceful picketing by labor organizations against
the owners or occupiers or agents of a shopping center or the stores
contained therein.
(Ord. 796 § 1)
This article shall not be deemed to repeal, amend or modify
any ordinances either prohibiting, regulating or licensing billboards,
signs, canvassers, hawkers, peddlers, transient merchants or any person
using the public streets or places for any private business or enterprise,
or for commercial sales not covered herein.
(Ord. 796 § 2)
Violations of this article shall constitute infractions and
shall be punishable by a fine of no more than fifty dollars for a
first violation, one hundred dollars for a second violation within
one year, and two hundred fifty dollars for each additional violation
within one year.
Every day that any such violation continues shall constitute
a separate offense.
(Ord. 796 § 2)