HomeMy WebLinkAbout2008-07-08 - ORDINANCES - PEDDLERS SOLICITORS ORD (2)ORDINANCE NO. 08-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AMENDING AND RESTATING CHAPTER 11.37 OF
TITLE I I OF THE CITY OF SANTA CLARITA MUNICIPAL CODE PERTAINING
TO THE REGULATION OF PEDDLERS AND SOLICITORS
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ORDAINS AS
FOLLOWS:
SECTION 1. Recitals. The City Council finds as follows:
(a) The City has received numerous complaints from residents and businesses
regarding the conduct and impact of peddlers and solicitors operating within the
City.
(b) These complaints generally fall into four distinct categories of local governmental
interests. (1) protecting the privacy, safety and general welfare of residents, workers
and guests; (2) promoting public traffic safety and the orderly movement of
vehicles and pedestrians in public rights-of-way; (3) maintaining the aesthetic
appearance and attractiveness of the City; and (4) protecting local merchants from
unfair competition.
(c) With respect to the City's interest in protecting the privacy, safety, and general
welfare of residents, workers and guests, the City has received complaints regarding
the conduct of peddlers and solicitors, including those who peddle or solicit door-
to-door. These complaints have involved persons ignoring posted signs stating that
the occupants desire not to receive solicitations, late night disturbances by peddlers
and solicitors, misrepresentations or fraud in solicitations or sales, aggressive
tactics, and the refusal to leave the premises when requested.
(d) Individuals with criminal habits or tendencies often pose as peddlers or solicitors in
order to survey property to deten-nine whether it is occupied or accessible for entry
for criminal purposes
SECTION 2. Adoption of Chapter 11.3 7. Chapter 11.37 of Title I I of the City of Santa
Clarita Municipal Code is amended and restated to read as follows:
"Chapter 11.37
PEDDLERS AND SOLICITORS
11.37.010 Definitions.
11.37.020 License required
11.37.030 Exemptions.
11.37 040 Claims of exemption.
11.37.050 General soliciting regulations.
11.37.060 Commercial peddling prohibition on public rights-of-way.
11.37.070 General peddling regulations.
11.37.080 Peddlers of prepared food products from motor vehicles pen-nitted.
11.37.010 Definitions.
For purposes of this chapter, the following definitions apply:
"Charitable purpose" means any tax exempt purpose or function as specified in Article I
of Chapter 4 of the California Revenue and Taxation Code (Sections 23701 and following).
"Commercial peddling" means any peddling that is not for a charitable purposes or does
not involve expressive merchandise.
"Expressive merchandise" means merchandise bearing an express or obvious ideological,
philosophical, political, or religious message that is inextricably intertwined with other forms of
protected expression as recognized under the California Constitution or the United States
Constitution
"Fixed place of business" means the premises in the city occupied for a period of not less
than 60 days for the particular purpose of conducting business, and regularly kept open for at
least 20 hours every week.
"Peddle" or "Peddling" means to sell and make immediate delivery, or offer for sale and
immediate delivery any edible product, goods, merchandise, ware or thing, in possession of the
seller, at any place within the city other than from a fixed place of business
"Peddler" means any person who peddles as defined in this section.
"Person" means an individual.
"Prepared food products" means any liquids or edibles for human consumption that are
prepackaged or in sealed containers, or are prepared for consumption at the location of the
sale. For the purposes of Section 17.37.080, the term "prepared food products" includes the
incidental sale of fruits and vegetables that are not prepackaged or in sealed containers provided
that such fruits and vegetables consist of no more than 10% of the peddler's total prepared food
products offered for sale.
"Public right-of-way" means the area dedicated to public use for street or pedestrian
purposes including privately owned and maintained roads within the city that are generally held
open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways,
highways, medians, parkways, planter strips, roads, sidewalks, and streets.
"Solicit" or "soliciting" means to:
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I Sell or take orders or offer to sell'or take orders, for any edible product, goods,
merchandise, ware or thing, for future delivery, or for services to be perfon-ned; or
2. Distribute advertising material or samples; or
3. Request contributions, either directly or indirectly; at any place within the city other
than a fixed place of business.
"Solicitor" means a person who solicits as defined in this section.
To the extent any of the definitions in this section conflict with the definitions contained
in Title 7 of the Los Angeles County Code, which the city has adopted by reference in Chapter
5.02 of this code, the definitions in this section will control.
11.37.020 License required.
A. Peddlers and Solicitors License. No person may peddle or solicit unless such
person has a valid peddler's or solicitor's license, as applicable, issued by the County
of Los Angeles on behalf of the city under Title 5 of this code and Title 7 of the Los
Angeles County Code.
B. Health Permit for Peddlers of Prepared Food Products. In addition to the required
peddler's permit, any person that peddles prepared food products must also obtain
any applicable health pen -nit issued by the County of Los Angeles on behalf of the
city.
B Possession of License. Every peddler or solicitor must maintain an original copy
of their peddler's or solicitor's license on their person at all times while peddling or
soliciting, and, upon request, must show such license to any city code enforcement or
law enforcement officer, or any person to whom they are peddling or soliciting.
11.37.030 Exemptions.
The provisions of this chapter do not apply to:
A. Soliciting conducted solely by means of facsimile machines, the Internet, newspapers,
magazines, radio, television broadcasts, telephone, or through the Onited States mail
B. Charitable soliciting that is conducted among the members of the soliciting group by
other members, whether at regular assemblies, services or otherwise.
C. Soliciting on premises owned or controlled by the solicitor.
D. Soliciting that is subject to disclosure under state or federal political disclosure laws.
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E. Soliciting by commercial sales agents or representatives selling goods wholesale to
dealers for resale, or to manufacturers for manufacturing purposes, or to bidders for
public works or supplies. I
F. Fanners selling farm products produced by them.
11.37.040 Claims of exemption.
Any person claiming to be exempt from any of the provisions of this chapter, including
the licensing requirements, must cite to the city's Director of Community Development
or designee the statute or other legal authority under which such exemption is claimed
and present proof of qualification for such exemption.
11.37.050 General soliciting regulations.
Solicitors must comply with the following regulations when soliciting:
A. Hours. Except as otherwise authorized under this code, soliciting may only take
place between the hours of eight a.m. and sunset.
B. Minors. Any solicitor under the age of 18 years must be accompanied by an adult
who holds a valid solicitor's license in accordance with Section 11.3 7.020.
C. Premises Posted for No Soliciting. No soliciting is pen-nitted at any house, apartment
or other dwelling unit, or at any commercial premise where a sign is displayed in
public view indicating "no solicitors or peddlers" or there is a similar indication that
no soliciting is desired by the owners or occupants or the premises, except with the
prior consent or at the invitation of the owners or occupants.
D. Aggressive Solicitation. No solicitor may persistently and importunely engage in
soliciting with a person after that person has indicated that he or she is not interested
in the solicitation
E. Refusal to Leave Premises. No solicitor may refuse to leave any residential or
cornmercial premise when requested to leave by an owner, occupant, or responsible
person for such premise.
F. Obstruction of Movement. No solicitor may intentionally and deliberately obstruct
the free movement of any person on any public right-of-way or other public place, or
any place open to the public generally.
11.37 060 Commercial peddling prohibition on public rights-of-way.
Except as otherwise authorized under this code, including the issuance of any applicable
temporary, special, or conditional use or event permit, no person may engage in commercial
peddling on any public right-of-way in the city. I
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11.37.070 General peddling regulations.
Peddlers must comply with the following regulations when peddling:
A. Hours. Except as otherwise authorized under this code, peddling may only take place
between the hours of eight a.m. and sunset.
B. Premises Posted for No Peddling. No peddling is pen-nitted at any house, apartment
or other dwelling unit, or at any commercial premise where a sign is displayed in
public view indicating "no solicitors or peddlers" or there is a similar indication that
no peddling is desired by the owner or occupant or the premises, except with the prior
consent or at the invitation of the owner or occupant.
C. Aggressive Peddling. No peddler may persistently and importunely engage in
peddling with a person after that person has indicated that he or she is not interested
in the things being peddl&d.
D. Refusal to Leave Premises. No peddler may refuse to leave any residential or
commercial premise when requested to leave by an owner, occupant, or responsible
person for such premise.
E. Obstruction of Movement. No peddler may intentionally and deliberately obstruct the
free movement of any person on any public right-of-way or other public place, or any
place open to the public generally.
11.37.080 Peddlers of prepared food products from motor vehicles permitted.
A. Peddling of prepared food products is permitted from motor vehicles used for the
transportation or preparation of such prepared food products when conducted on
public streets, but not including public sidewalks or parkways.
B. The parked location of a motor vehicle used for the peddling of prepared food
products must be at least 100 feet from an intersection to minimize impacts on traffic
flow and the potential obstruction of sight lines and observation. The opening of the
motor vehicle from which sales are made must face the sidewalk or such other
direction so that customers are not required to stand in the vehicular right-of-way.
C. A person peddling prepared food products from motor vehicles may not romain in
any one location for the purposes of peddling, or any otherjocati6n,".essIthan -one-half
mile from the same location, for more than 30 minutes durihg any six, -*hour
-_pen
D During the period of such peddling, the peddler must main-tain the 1) 16�atioi in' a neat,
sanitary and hazard -free condition, and pick up and disposeof in a sanitaty manner
all debris, garbage or litter that is left by any custorner of the peddlei-.
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E. No peddling of prepared food products from motor vehicles is permitted within 1,000
feet from any school property boundary while children are going to or leaving such
school during opening or closing hours, or during the noon or lunch-time recess
period. I
SECTION 3. Violation-Penalt . A violation of Chapter 11.37 constitutes a
misdemeanor, and will be subject to the applicable penalties under Chapter 23.10 of the Santa
Clarita Municipal Code in addition to any other applicable penalties or remedies.
SECTION 4. ' Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 5. Direction to Enforcement Personnel. Prior to commencement of the
enforcement of the provisions of this ordinance, the City Attorney's office is directed to meet
with representatives of the city's law enforcement agency and city code enforcement officers to
explain the definitions and distinctions between peddling for "charitable purposes" or involving
Ccexpressive merchandise," and "commercial peddling" to ensure that the enforcement of this
ordinance is consistent with controlling legal authority regarding applicable protections afforded
such expressive speech or activities. The City Attorney's office is also directed to prepare a
written policy statement incorporating these points.
SECTION 6. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law
PASSED, APPROVED AND ADOPTED this 8th day of July, 2008.
ATTEST:
jq�, CLERK -
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA CLARITA
1, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clanta, do hereby certify
that the foregoing Ordinance No. 08-8 was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on the 24th day of June, 2008. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 8th day
of July, 2008, by the following vote, to wit:
AYES: COUNCILMEMBERS
NOES- COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Weste, McLean, Ferry, Ender, Kellar
None
None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 08-8
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
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J-0-tCITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA CLARITA
CERTIFICATION OF
CITY COUNCIL ORDINANCE
1, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance No. 08-8, adopted by the City Council of the City of
Santa Clarita, CA on July 8, 2008, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
) 20_.
Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo
Deputy City Clerk
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