Loading...
O 578 ORDINANCE NO. 578 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 5.76 TO THE ARROYO GRANDE MUNICIPAL CODE, ESTABLISHING REGULATIONS FOR PEDDLING AND SOLICITING ACTIVITIES WHEREAS, persons and organizations have been and are visiting private residential properties in the City of Arroyo Grande ("City") for the purpose of peddling and soliciting orders for the sale of goods, wares, merchandise or services; and WHEREAS, the City Council finds that a variety of aggressive sales tactics, misrepresentations, and frauds are at times employed in such activities and that such peddling and solicitation activities are often considered by impacted residents to be highly intrusive, disruptive and bothersome; and WHEREAS, the City Council finds that public safety and welfare necessitates the exercise of the police power of the City through the enactment and enforcement of this Ordinance for the purpose of protecting the health, safety, welfare, and privacy of residents. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: SECTION 1: The above recitals and findings are true, correct, and incorporated herein. SECTION 2: Chapter 5.76, entitled "Peddlers and Solicitors", is hereby added to Title 5 of the Arroyo Grande Municipal Code to read in its entirety as follows: CHAPTER 5.76 PEDDLERS AND SOLICITORS 5.76.010. Legislative findings. The City Council finds that persons and organizations have been and are visiting private residential properties in the City for the purpose of peddling and/or soliciting orders for the sale of goods, wares, merchandise or services, and that some residents find such visits and the tactics used by such visitors to be bothersome and highly intrusive. The City Council further finds that a variety of misrepresentations and other frauds are at times employed in such activities. The City Council further finds that the public safety, welfare and convenience necessitates the exercise of the police power of the City through the enactment and enforcement of this chapter for the purpose of protecting the privacy of residents and preventing aggressive, threatening, abusive and fraudulent practices by persons representing themselves as peddlers and solicitors. ORDINANCE NO. 578 PAGE 2 5.76.020. Definitions. For the purposes of this chapter, unless otherwise apparent from the context, "Peddler" or "Solicitor" means any person who goes upon the premises of any private residence in the City, not having been requested or invited by the occupant thereof, soliciting, selling or taking orders for, or offering to sell or take orders for the sale of goods, wares and merchandise for present or future delivery, or for services to be performed immediately or in the future, whether or not such person has, carries or exposes a sample of such goods, wares and merchandise, or not and whether or not the person is collecting advance payments on such sales or not. 5.76.030. Solicitation permit required--Exemption. \ (a) Except as otherwise provided by this chapter, it is unlawful for any person to act as a peddler or solicitor within the City without having first obtained a solicitation permit issued pursuant to this chapter. Each individual peddler or solicitor, shall obtain a solicitation permit. (b) Any person peddling or soliciting on behalf of any institution or organization recognized by a tax board of the State and the Internal Revenue Service of the United States, which institution or organization is conducted wholly for the benefit of charitable, religious, or nonprofit purposes and from which profit is not derived, either directly or indirectly, by any person, shall be exempted from the requirements of this chapter. 5.76.040. Application for a solicitation permit. Applicants for a solicitation permit under this chapter shall file with the Chief of Police an application in writing on a form to be furnished by the City, which shall give the following information: (a) Name and physical description of the applicant. (b) Date of birth, driver's license or other identification number, Social Security number. (c) Permanent home address. (d) Local address and telephone number. (e) The nature or character of the goods, wares, merchandise or services to be offered. (f) If employed, the name, address and telephone number of the employer, or if acting as agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be. (g) The length of time for which the right to peddle or solicit is desired. (h) Two photographs of the applicant, taken within sixty days immediately prior to the date of filing of the application, measuring one inch by one inch, and showing the head and shoulders of the applicant in a clear and distinguishing manner. (i) The names of, and a means of contacting, at least two persons, who will certify as to the applicant's business reputation, or, in lieu of the names of such references, such ORDINANCE NO. 578 PAGE 3 other available evidence as to the business reputation of the applicant as will enable an investigator to reasonably and properly evaluate the applicant's business responsibility. m A statement as to whether or not the applicant has been convicted of any criminal offense, whether felony or misdemeanor, other than minor traffic violations. As to any such offense, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed must be provided. (k) Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements. 5.76.050. Permit fee. At the time the application for a solicitation permit is filed with the Chief of Police, the applicant shall pay a fee sufficient to cover the cost to the City of processing the application. The amount of the fee shall be set by resolution of the City Council. 5.76.060. Investigation and permit issuance. (a) Upon receipt of an application, the Chief of Police, or authorized representative, shall cause an investigation to be made of the applicant as deemed necessary for the protection of the public health, safety and general welfare. (b) The Chief of Police shall deny an application for a permit if he or she makes any of the following findings: (1) The applicant has failed to pay the application permit fee. (2) The applicant has made one or more material misstatements in the application for a permit. (3) The applicant has ever been convicted of a crime of moral turpitude, or any felony or misdemeanor offense that reasonably and directly indicates a potential risk to the public. (4) The applicant has had a judgment in an action for fraud, deceit or misrepresentation entered against her or him by any court of competent jurisdiction within ten years prior to the date of application. (5) The applicant fails to provide proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is requi~ed to have in order to conduct the proposed business. (6) The applicant has previously been convicted for violation of any provision of this chapter, or who has had any permit issued pursuant to this chapter revoked. (7) The Chief of Police, or authorized representative, possesses any other credible information concerning the applicant, his or her employer or principal that reasonably and directly indicates the peddling or soliciting activities will likely be used as a means of committing crime, fraud or deceit. (c) If the application is disapproved, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last-known address. ORDINANCE NO. 578 PAGE 4 (d) If the Chief of Police finds the applicant's business responsibility to be satisfactory based on the specific criteria set forth herein, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the required solicitation permit to the applicant. 5.76.070. Permit expiration. All permits issued under the provisions of this chapter shall expire one year from date of issuance, unless an earlier expiration date is noted on the permit. 5.76.080. Hours of operation. It is unlawful for any person described in this chapter, whether permitted or unpermitted, to enter upon any residential premises between the hours of seven p.m. and nine a.m. 5.76.090. Soliciting where "No Soliciting" sign is posted. It is unlawful for any person described in Section 5.76.020 of this chapter, whether permitted or unpermitted, to perform or attempt to perform the acts described in such section by ringing the doorbell or knocking at the door or otherwise calling attention to the person's presence of or at any residence whereon a sign bearing the words "No Peddlers", "No Solicitors" or words of similar meaning is painted or affixed so as to be exposed to public view, and no such person described in Section 5.76.020 shall perform or attempt to perform any of the acts described in such section in any building, structure or place of business whereon or wherein a sign bearing the words "No Peddlers", "No Solicitors" or words of similar import, is painted or affixed so as to be exposed to public view. Additionally, no person described in Section 5.76.020 shall perform or attempt to perform any of the acts described in such section upon any property which has registered and been included on the City's "Do Not Solicit Registry." 5.76.100- Creation of a "Do Not Solicit Registry". There is hereby created within the City a "Do Not Solicit Registry." The purpose of such registry is to allow residents within the City to register their name and the address(es) of such places that they do not want any peddling or solicitation. 5.76.110. Applicability of a "Do Not Solicit Registry". The "Do Not Solicit Registry" shall only be applicable to residential addresses within the City. 5.76.120. Maintenance of a "Do Not Solicit Registry". (a) The Director of Financial Services shall maintain the "Do Not Solicit Registry" ("the "Registry") which shall consist of a list of residential addresses within the City whose residents wish to deny any and all peddling or soliciting acts at the described residence. ORDINANCE NO. 578 PAGE 5 (b) It shall be the duty of the resident to apply for such Registry, maintain current addresses, and to remove their name and address(es) from such Registry when so desired. (c) It shall be the duty of the Director of Financial Services to have a current and true copy of the Registry available during normal business hours and to periodically update the Registry. (d) At the time of issuance of a business license, the Director of Financial Services, or his/her designee, shall provide a current copy of the Registry at no cost to a peddler or solicitor who possesses a valid solicitation permit. (e) Any person may acquire a current copy of the Registry subject to payment of duplication fees. (f) Upon the request of any duly licensed peddler or solicitor pursuant to this chapter, the Director of Financial Services, or his/her designee, shall provide a current copy of the City's "Do Not Solicit Registry" at no cost. 5.76.130- Compliance "Do Not Solicit Registry." It is unlawful for any person to peddle or solicit on private property where the resident has registered his or her address and such address appears on the City's "Do Not Solicit Registry." 5.76.140. Other conditions and regulations. The following conditions and regulations shall also apply to the exercise of the privileges granted by solicitation permits issued under the provisions of this chapter in addition to those set forth in other parts of this chapter or elsewhere in this code: (a) Every person issued a solicitation permit must be in possession of the solicitation permit, a current copy of the City's "Do Not Solicit Registry", and a current City business license issued pursuant to Chapter 5.02 of this Code at all times when engaged in the business herein permitted. The permittee must produce and show the solicitation permit, business license, and copy of the "Do Not Solicit Registry" on the request of any person solicited or of any public safety officer or official of the City. No person issued a permit shall alter, remove or obliterate any entry made upon such permit, or deface such permit in any way. Each solicitation permit shall be personal and not assignable or transferable, nor shall any permit be used by any person other than the permittee. (b) Every peddler or solicitor, upon the request of any public safety officer or official of the City, shall sign the solicitor or peddler's name for comparison with the signature upon the solicitation permit or the signature upon the permit application. (c) Every peddler or solicitor who solicits orders shall, if requested by the customer, provide a receipt plainly stating the quantity of each article or commodity ordered, the price paid to be paid therefor, the total amount purchased or ordered and the amount to be paid on or after delivery. (d) Every peddler or solicitor shall, if requested by the customer, provide his/her name, business address and telephone number and the name, business address and ORDINANCE NO. 578 PAGE 6 telephone number of the person, organization, or entity on whose behalf solicitation is being made. 5.76.150. Peddler--Revocation of Solicitation permit. (a) A solicitation permit issued under this chapter may be suspended or revoked by the Chief of Police for any of the following causes: (1) Fraud, misrepresentation or false statement contained in the application for permit; (2) Fraud, misrepresentation or false statement made in the course of carrying on the business of peddler or solicitor; (3) Any violation of this chapter; (4) Conviction of any crime including misdemeanors involving moral turpitude; (5) Peddling or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. (b) This section shall be self-executing and the suspension or revocation shall be effective immediately. The Chief of Police shall give notice of the suspension or revocation of the permit and sufficient notice shall be given if mailed or delivered to the permittee at permittee's address listed on his or her application. 5.76.160. Appeals to City Manager. In the event that any applicant or permittee desires to appeal from any order, revocation or other ruling of the Chief of Police or any other official of the City, made under the provisions of this chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the City Manager within fifteen (15) days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the Police Department a written appeal statement setting forth the grounds for the appeal. The Chief of Police shall transmit the written statement to the City Manager within ten days of its filing and the City Manager shall set a time and place for a hearing on the appeal. A hearing shall be set not later than thirty (30) days from the date of filing of the applicant's written appeal statement with the Police Department. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or revocation. The decision of the City Manager, or his designee, on the appeal shall be final and binding on all parties concerned. 5.76.170. Violations. Any person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Any person who violates any provision in this chapter shall be guilty of a misdemeanor. ORDINANCE NO. 578 PAGE 7 SECTION 3: Severability. If any section, subsection, or clause of this Ordinance is held to be unconstitutional or otherwise unlawful, the validity of the remaining sections, subsections and clauses shall not be affected thereby. The City Council declares that it would have adopted the Ordinance regardless of the fact that one or more sections, subsections, sentences, clauses, or phrases may be determined to be unconstitutional or unlawful. SECTION 4: This Ordinance shall take effect 30 days from its adoption. SECTION 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. On motion of Council Member Arnold, seconded by Council Member Costello, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Arnold, Costello, Dickens, Guthrie, and Mayor Ferrara None None the foregoing Ordinance was passed and adopted this 9th day of May 2006. ORDINANCE NO.'5?'5 PAGE 8 ATTEST: ~~ E, CITY CLERK APPROVED AS TO CONTENT: ..... "'...- ./" /,7 0;/ .- L---".:'~>~~_ _) STEVEN ADAMS, CITVMANAGER APPROVED AS TO FORM: ( L, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 578 which was introduced at a regular meeting of the City Council on April 25, 2006; was passed and ado~ted at a regular meeting of the City Council of the City of Arroyo Grande on the 9 h day of May 2006; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of May 2006. ~fk- RE, CITY CLERK