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)