HomeMy WebLinkAbout1773 ORDINANCE NO. 1773
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 5.20 AND 5.48 OF,
AND REPEALLING CHAPTER 11.68 OF, THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO HANDBILLS,
PEDDLERS, AND SOLICITORS, SOLICITATION ON
PRIVATE PROPERTY, AND CHARITABLE SOLICITATION.
City Attorney's Summary
The Palm Springs Municipal Code contains regulations
regarding handbills, peddlers, solicitors, and charitable
solicitation. This Ordinance implements revisions to these
regulations relating to the distribution of handbills,
solicitation on private commercial properties, and the
licensing of commercial and charitable solicitors.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
Section 1. Chapter 5.20 of the Palm Springs Municipal Code is amended to read:
Chapter 5.20
HANDBILLS
5.20.010 Purpose.
This Chapter is intended to protect the residents and visitors of the City of Palm
Springs against the health and safety menace and the expense and visual blight
incident to the littering of the streets and public places by the indiscriminate and
uncontrolled distribution of handbills, and the posting of handbills on the public
infrastructure, and to protect private residential property against distribution of handbills
of any kind when the property has been posted with a "No Solicitors" sign or equivalent
notice stating that solicitation is unwelcome.
5.20.020 Definitions.
The following words, terms and phrases when used in this Chapter have the
meanings ascribed to them in this section except where the context clearly indicates a
different meaning:
"Handbill distributor" means and includes any person engaging or engaged in the
distribution of handbills, and any person receiving compensation directly or indirectly for
the distribution of such handbills;
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"Handbill" means and includes 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 or literature;
"Person" means and includes any person, firm, partnership, association,
corporation, company, or organization of any kind;
"Private premises" means and includes any dwelling, house, building, or other
structure, designed or used either wholly or in part for private residential purpose,
whether inhabited or temporarily or continuously uninhabited or vacant, and shall
include any yard, grounds, walk, driveway, porch steps, vestibule, building or other
structure, and
"Public place" means and includes any and all streets, boulevards, avenues,
lanes, alleys, or other public ways, and any and all public parks, squares, spaces,
plazas, grounds and buildings.
5,20.030 Posting Notice, Placard or Bill Prohibited in Certain Cases.
No person shall post, stick, stamp, paint or otherwise fix, or cause the same to be
done by any person, any notice, placard, bill, card, poster advertisement or other paper
or device or upon any sidewalk, crosswalk, curb or curbstone, flagstone or any other
portion or part of any public way or public place, or any lamp post, electric light,
telegraph, telephone or trolley line pole, traffic control device, or railway structure,
hydrant, tree or tree-box, or upon the piers, columns, trusses, girders, railings, gates or
other parts of any public bridge or viaduct or other public structure or building, or upon
any pole, box, or fixture of the fire alarm or police telegraph system, except such as may
be authorized or required by the laws of the United States, or state and the ordinances
of the city.
5.20.040 Throwing Handbills Broadcast in Public Places Prohibited.
It is unlawful for any person to leave by depositing, placing, throwing, scattering
or casting any handbill in or upon any public place within this city; provided however,
that it is not unlawful for any person to hand out or distribute handbills to members of
the public, providing there is compliance with other applicable provisions of the
Municipal Code.
5.20.050 Placement of Handbills in or on Vehicles Prohibited.
No person shall deposit, place, throw, scatter, or cast any handbill in or upon any
automobile or other vehicle if requested by anyone in possession thereof not to do so,
either orally or via a sign on that automobile or other vehicle.
5.20.060 Distribution Prohibited Where Properly Posted.
It is unlawful for any person to distribute, deposit, place, throw, scatter or cast
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any handbill upon any private residential premises if there is placed on said premises in
a conspicuous place or position near the entrance thereof, a sign bearing the words
"NO SOLICITORS", or any similar notice indicating that the distribution of handbills is
unwelcome.
5.20.070 Distribution on Private Premises—Not posted.
In the case of private premises which are not posted as provided in this Chapter,
a person may place or deposit any such handbill in or upon private residential
premises, if such handbill is so placed or deposited as to secure or prevent such it from
being blown or drifted about such premises or elsewhere. The deposit of handbills
inside of mailboxes is prohibited.
Section 2. Chapter 5.48 of the Palm Springs Municipal Code is amended to read:
Chapter 5.48
SOLICITATION
COMMERCIAL AND CHARITABLE
5.48,005 Findings and Purpose.
A. The provisions of this Ordinance relating to the general regulation of
commercial and charitable solicitation are based in part on the following findings.
1. The City Council finds that persons and organizations have been visiting
and continue to visit private residential properties, as well as privately-awned
businesses, for the purposes of soliciting goods, wares, merchandise, services, funds or
contributions, and the distribution of literature.
2. Some residents and business owners find these activities to be intrusive
upon their privacy.
3. The City Council further finds that a variety of misrepresentations and
other frauds are at times employed in such activities.
4. In recent years, residents of several California cities have been attacked
in their homes by persons claiming to be solicitors.
5. Unregulated door-to-door solicitation constitutes a serious concern for the
city.
6. The City has received a growing number of complaints from certain
merchants and business patrons that solicitors without the property owner's consent
have engaged in a variety of commercial and non-commercial solicitation activity on
private commercial property.
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7. Solicitation activity can have the effect of impeding the free movement and
privacy of citizen patrons, and otherwise cause noise and physical obstruction which
detract from a conducive commercial environment
8. The goal of protecting residents from fraud and crime and thereby
promoting the safety and privacy of residences within the city is a legitimate, urgent and
substantial governmental interest.
9. The City has a substantial interest in preventing fraudulent or criminal
activities which may result from unregulated solicitation.
10. The City has a substantial interest in protecting individuals' safety and
privacy by reasonably limiting the hours of solicitation and requiring permits in a
content neutral manner.
11 . The City has a substantial interest in allowing individuals to
determine their level of comfort with privacy and whether or not they want to receive
solicitation.
12. Noncommercial speech is entitled to broader protection under the 15s
Amendment to the United States Constitution than commercial speech, affording the
city a greater ability to regulate commercial speech than noncommercial speech.
13. All of these goals and interests may properly be served by this narrowly
tailored regulation which requires solicitors to obtain a permit prior to soliciting within the
city, reasonably limits the hours of activities and prohibits solicitation of occupants on
property where residents have a posted sign prohibiting such activities.
B. The purpose of this Chapter is to balance free speech and expression with
the health, safety, and welfare of the residents of the City.
C. The provisions of this Ordinance relating to aggressive and abusive
solicitation are based in part on the following findings:
1. The maintenance and improvement of the quality of life and economic
vitality of the City are significant government interests.
2. The protection of the City's citizens, residents, and visitors from the
danger of assault, battery, theft, and disturbances of the peace, as well as other crimes,
is also a significant government interest.
3. Aggressive and abusive solicitations threaten these significant
government interests by diminishing access to and enjoyment of public places,
threatening the commercial well being of local businesses, and creating an environment
of fear, intimidation, and confrontation.
4. Solicitations in certain sensitive places also threaten these significant
government interests. Such solicitations also diminish access to and enjoyment of
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public places, threaten the commercial well being of local businesses, and create an
environment of fear, intimidation, and confrontation.
5. The City citizens, residents, and visitors are involuntarily subjected to
aggressive and abusive solicitations for monetary or other donations, causing them to
feel threatened, intimidated, and coerced. Such conduct usually includes approaching
and following persons, repeated requests for donations, unwanted physical contact,
abusive language and threats, and obstruction of pedestrian and vehicular traffic.
6. The City's citizens, residents, and visitors are involuntarily subjected to
coercion, intimidation and fear in certain places, including public parking lots, ATM's,
lines of people, outdoor dining areas, and other areas where they are a "captive
audience" and thus feel less able to decline a solicitor's request.
7. Aggressive and abusive solicitations increase the risk of assault, battery,
theft, disturbing the peace, and other crimes. Such solicitations can provoke
confrontations due to the threatening and offensive nature of the conduct of the solicitor.
These situations put not only the solicited person, but also the solicitor, at risk of being
the victim of assaultive and criminal conduct.
8. Solicitations in certain sensitive places also increase the risk of assault,
battery, theft, disturbing the peace, and other crimes. Such solicitations can lead to
confrontations due to the heightened sense of susceptibility of the person solicited.
These situations put the solicited person and the solicitor at risk of being the victim of
assaultive and criminal conduct.
9. The content-neutral time, place and manner restrictions on aggressive and
abusive solicitations as narrowly tailored in this Chapter serve these significant
government interests. Such restrictions will lessen feelings of coercion, intimidation,
fear, and confrontation by prohibiting that conduct most likely to create such feelings.
10. Restricting all solicitations in certain sensitive areas will enhance the
feeling of security and peace of mind of persons in those areas. The restrictions in this
article leave open ample alternative avenues of communication and these restrictions
are not intended to diminish the freedom or liberty of speech guaranteed under the
United States and California Constitutions.
11, It is not the intent or purpose of the Council in enacting this Chapter to
eradicate or displace any individual or group of homeless or indigent persons, but rather
to protect the public from those persons, indigent or otherwise, who engage in
aggressive and abusive solicitations, and/or who solicit in certain narrowly-defined
areas of heightened sensitivity.
5.48,010 Definitions.
"Charitable" means the purpose of an organization which has received a letter of
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determination approving tax exempt status under Title 26 of the United States Code
Section 501(c)(3) or the purpose of a school club, recognized and affiliated with a public
or private school, having a program with annual campaigns to support the public or
private school club. For the purpose of this Chapter, the term "charitable" also includes
religious and political purposes.
"City Manager" means the City Manager of the City or the City Manager's
designee.
"Commercial" means solicitation which is not charitable, as defined in
this Section.
"Communal areas" means such areas set aside by the shopping center owner
allowing and inviting the public to engage in such matters as discourse, relaxation,
recreation or entertainment without required patronage of retail establishments within
the center. Outdoor restaurant seating areas which are restricted in use to restaurant
patronage do not constitute communal areas of the center.
'Corporation means a legal entity which has a legal personality distinct from
those of its members which has filed articles of incorporation with the California
Secretary of State.
"Peddler" means and includes any person who travels or goes from house to
house within the city and peddles, hawks, vends, or sells any goods, wares,
merchandise, medicines carried or caused to be carried or conveyed by the person
peddling, hawking, vending or selling the same.
"Person" means any individual, firm, partnership, joint venture,
association, social club, league, fraternal organization, joint stock company, estate,
trust, business trust, receiver, trustee, syndicate or any other group acting as a unit.
The word person shall include the definition of corporation.
"Prohibited place" means any:
1. Bus stop;
2. Public transportation vehicle or facility;
3. Public parking lot or structure;
4. An area within fifty (50) feet of an automated teller machine (ATM);
5. A queue or line of two or more persons waiting to be admitted to a
commercial establishment or waiting to purchase an item or ticket;
6. An outside dining area or motor vehicle drive-through lane of a restaurant
or other dining establishment serving food for immediate consumption.
"Public place" means any place open to the general public and includes, but is
not limited to, any sidewalk; alley; street; highway; bridge; driveway; parking lot; parking
structure; playground; park; plaza; mall; structure; building; doorway, entrance, lobby or
hallway to or in a building; the grounds around or enclosed by a building, school; or
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place of amusement. Such a place is a "public place" regardless of whether it is
publically or privately owned.
"Shopping Center" and property or properties operating as an integrated retail
commercial shopping center consisting of one or more retail commercial uses.
"Solicitation" and "solicit" are defined to mean any form of solicitation, including
but not limited to, any request, offer, enticement, or action for the sale of goods,
services, signing of petitions for social, economic, or political causes, distribution of
literature, request for funds or contributions, or employment opportunities. Solicitation
shall be deemed complete when initiated whether or not an actual employment
relationship is created, a transaction is completed, or any other exchange has taken
place.
"Solicitation in an aggressive or abusive manner" means solicitation via any of
the following acts or conduct:
1. Intentionally coming within three feet of a solicited person unless and until
that person has indicated, by word or conduct, he or she wishes to make a donation;
2. Intentionally blocking the path or impeding the passage of a solicited
person;
3. Intentionally following behind, beside or in front of a solicited person after
that person has indicated, by word or conduct, he or she does not wish to make a
donation;
4. Continuing to request a donation from a solicited person after that person
has indicated, by word or conduct, he or she does not wish to make a donation;
5. Approaching a solicited person when that person is entering or exiting a
motor vehicle or assisting another in doing so;
6. Rendering any service to a motor vehicle, including but not limited to any
cleaning, washing, protecting, guarding or repairing of said vehicle or any portion
thereof, without the consent of the owner, operator or occupant of such vehicle, and
thereafter requesting payment for the performance of such service, regardless of
whether such vehicle is stopped, standing or parked;
7. Threatening a solicited person, by word or conduct, with physical harm or
violence;
8. Using profane or abusive language towards a solicited person;
9. Intentionally touching or attempting to touch a solicited person without that
person's consent,
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10. Any other words or conduct that would cause a reasonable person, in the
position of the solicited person, to fear for his or her safety, the safety of his or her
property or the safety of another person accompanying the solicited person.
"Solicitor" means any person, whether a resident of the city or not, engaged
in solicitation. The term "solicitor" does not include any person carrying, conveying,
delivering, or transporting dairy products, newspapers or other goods to regular
customers on established routes or to the premises of any person who had previously
ordered such products or goods and is entitled to receive the same.
"Vehicle" has the same meaning as set forth in the California Vehicle Code.
5.48.015 Permit—Required.
A. The following provisions shall apply to permits for commercial
solicitation:
1. If a person is soliciting on behalf of, or is employed to solicit by, another
person (as defined in Section 5.40.010(E)), bath the person soliciting and the employer
or other person upon whose behalf solicitation is being made must have valid solicitation
permits as set forth in this Chapter and business tax certificates as set forth in Chapter
4.10, even if such persons are exempt from payment of any license fee or business tax.
2. All persons who engage in solicitation shall comply with the following.
a. Carry a photo identification and a copy of a valid permit issued
pursuant to this Section, and if acting on behalf of another, including acting
on behalf of another person (as defined in Section 5.40.010(E)), such
person shall carry written authorization to act on behalf of such third party
and a copy of the permit issued to such third party; and
b. Immediately present a solicitation permit, identification and
authorization to act on behalf of a third party, if applicable, to any person
approached for said solicitation and to any law enforcement official, upon
their request.
3. The permit shall contain the name, permanent residence address of the
solicitor, a brief description of the solicitor and the photograph of such solicitor.
4. Permits are not assignable.
5. Permits and authorizations to act on behalf of third parties are not
transferable.
B. The following provisions shall apply to permits for charitable
solicitation:
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1. If a person is soliciting on behalf of, or is employed to solicit by, another
person (as defined in Section 5.40.010(E)), only the person on whose behalf the
solicitation is made shall be required to have a valid solicitation permit as set forth in this
Chapter.
2. If a person is soliciting on behalf of, or is employed to solicit by, another
person, the person soliciting shall carry identification and authorization to act on behalf
of the employer or other person.
C. Children under the age of twelve (12) shall be accompanied by an adult.
5.48.020 Permit—Application—Generally.
A. The following provisions shall apply to the permit application for
commercial solicitation:
1. The application for a permit required by Section 5.40.020(A) shall be
made upon a form prescribed by the city manager, or his or her designee, available at
the police department and shall include, but not be limited to, the following
information.
a. The name, permanent residence address of the applicant, a brief
description of the applicant and a photo taken by the police department;
b. Proof of Livescan fingerprinting. Fingerprinting must be done at
the city police department. The applicant must present a valid
identification card issued by a state within the United States of America
prior to being printed;
C. Complete employment history for the past ten years;
d. Disclosure of any and all criminal convictions, infraction or
misdemeanor citations received, including any municipal code violations
and criminal or civil cases pending. This shall include any cases dismissed
or expunged pursuant to California Penal Code Section 1203.4;
e. A statement that the person is not currently under
investigation for any crimes related to solicitation or other criminal offense
including, but not limited to, violent crimes, sexual assault, possession of
controlled substances, theft, fraud or burglary;
f. Names and addresses of all affiliated persons (as defined in Section
5,40.010(E)) who will be working on behalf of or with the applicant;
g. Proof of insurance as required by the city;
h. Requested time and place to solicit within the city;
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i. A copy of a completed Palm Springs Business Tax Certificate
application; and
j. Such other information as the City Manager may require in order to
discover the truth of the matters herein specified and as required to be set
forth in the application.
2. The application, upon completion by the applicant, shall truly set forth all
such information as shall be required by the City Manager.
3. The application shall be submitted under penalty of perjury and be submitted
to the police department at least thirty (30) calendar days prior to the time the solicitor
requests to engage in solicitation.
4. The application shall be submitted with any applicable fee. The permit
application fee shall be established by resolution of the City Council and may be amended
from time to time.
5. The City Manager shall issue the permit to solicit if the following
requirements have been met, subject to the criminal background check in Section
5.40.040:
a. The applicant has properly completed and filed his or her
application together with any applicable fee.
b. The applicant has obtained any other license or permit that may be
required under this Code.
c. The applicant has provided all the information required on
the application.
d. The applicant has not made any misrepresentation of any
fact in the application.
6. The City Manager may issue the permit subject to conditions as
may be necessary for the public health, safety, peace and welfare.
Applicants shall at all times maintain accurate application
information with the city. If there is any change or modification in the information
provided in the initial application, the applicant shall give written notification of such
change to the City Manager within two (2) weeks of the change.
B. The following provisions shall apply to the permit application for
noncommercial solicitation:
1. The application for a permit required by Section 5.40.020(B) shall be
made upon a form prescribed by the city manager, or his or her designee, available at
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the police department and shall include, but not be limited to, the following
information:
a. The name, address and a brief description of the applicant;
and
b. If for charitable purposes, a letter of determination approving
tax exempt status under Title 26 of the United States Code Section
501(c)(3) or a letter from a public or private school administrator
acknowledging the school affiliation of the school club and its program of
annual campaigns to support the public or private school club.
2. The application shall be submitted to the police department at least thirty
(30) calendar days prior to the time the solicitor requests to engage in solicitation.
3. The City Manager shall issue the permit to solicit if the following
requirements have been met:
a. The applicant has properly completed and filed his or her
application.
b. The applicant has provided all the information required on
the application.
C. The applicant has not made any misrepresentation of any
fact in the application.
4. The City Manager may issue the permit subject to conditions as may be
necessary for the public health, safety, peace and welfare.
5. Applicants shall at all times maintain accurate application
information with the city. If there is any change or modification in the information
provided in the initial application, the applicant shall give written notification of such
change to the City Manager within two (2) weeks of the change.
5.48.025 Permit—Criminal Background Check.
A. The provisions of this Section shall only apply to commercial
solicitation.
B. The City Manager shall initiate criminal history record background checks
of prospective solicitors, including those persons acting on behalf of an employer or
other person (as defined in Section 5.40.010(E)).
C. A criminal history record background check shall not be initiated pursuant
to this article without the written consent of the person. The consent required under this
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Section shall be in the manner and form prescribed by the City Manager and shall
include, but not be limited to, the signature, name, address and fingerprints of the
person.
D. The City Manager shall not certify a person subject to the provisions of
this Chapter who refuses to consent to or cooperate in the securing of a criminal history
record background check.
E. A person whose criminal history record background check reveals a
conviction for any criminal offense including, but not limited to, violent crimes, sexual
assault, possession of controlled substances, theft, fraud or burglary shall be
disqualified from receiving a permit to solicit within the city, subject to the provisions in
Section 5.40.040(I) below.
F. The City Manager is authorized to receive criminal history record
information from any agency or department of the State of California or the United
States government, including but not limited to the California Department of Justice and
the Federal Bureau of Investigation, regarding applicants for permits to solicit within the
city.
G. The police department shall promptly notify a person whose criminal
history record background check reveals a disqualifying criminal conviction.
H. The person shall have thirty (30) calendar days from the receipt of that
notice to petition the police department for a review and to cite reasons substantiating
the review.
I. If the person successfully challenges the accuracy of the criminal history
record information or the person demonstrates affirmatively to the governing body clear
and convincing evidence of rehabilitation, the City Manager may issue a certificate
indicating the person has successfully cleared a background check.
5.48.030 Permit—Expiration—Renewal—Revocation.
A. The following provisions shall apply to permits for commercial solicitation:
1 All permits granted under the provisions of this Chapter shall be valid
for up to ninety (90) days and may be renewed thereafter, unless sooner revoked.
2. Prior to the expiration of a permit, and upon application for renewal of the
permit, the City Manager shall determine if the applicant or solicitor has acted in
compliance with the applicable provisions of this Chapter and conditions of the permit.
a. If determined to have been in substantial compliance, the
permit shall be renewed upon payment of any applicable renewal fee.
b. If the applicant or solicitor is found not to be in substantial
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compliance, the permit shall not be renewed, and no other permit shall be
issued under the provisions of this Chapter to the same applicant within
one (1) year of the date of cancellation or expiration of the permit.
3. Renewal fees shall be established by resolution of the City Council and
may be amended from time to time.
4. The City Manager may revoke any permit granted under the
provisions of this Chapter for any of the following reasons:
a. The applicant provided false, misleading or misrepresented
information in procuring said permit;
b The applicant or any person (as defined in Section
5.40.010(E)) who worked on behalf of or with the applicant failed to
comply with the requirements, regulations, laws and conditions of
approval applicable to the permit,
c. The applicant or any person (as defined in Section
5.40.010(E)) who worked on behalf of or with the applicant is
convicted of violating any federal, state or local law while in the
course of operating under the permit; or
d. The activities for which the permit was granted were or are
being conducted in a manner that is detrimental to the public
health, safety, peace or welfare.
5 When a permit has been revoked, no other permit shall be issued under
the provisions of this Chapter to the same applicant within one (1) year of the date of
revocation.
B.The following provisions shall apply to permits for noncommercial
solicitation:
1. All permits granted under the provisions of this Chapter shall be valid for
up to one (1) year and may be renewed thereafter.
2. Upon application for renewal of the permit, an applicant claiming
nonreligious, nonpolitical, charitable status shall resubmit the materials described in
Section 5.48.020 B.
5.48.035 Permit—Denial—Revocation—Appeal—Hearing Officer.
A. Any applicant aggrieved by any decision by the City Manager on an
application for, renewal of or revocation of a permit, may appeal such decision within
ten (10) calendar days after the notice is given of the decision pursuant to Chapter 5.20.
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B. The appeal shall be filed on forms provided by the city together with any
applicable fee established by resolution of the City Council, which may be amended from
time to time.
C. The appeal request shall set forth the appellant's reasons for asserting the
decision was in error or in violation of this Code or other applicable law.
D. The appeal shall be referred to the City Manager who may appoint a
hearing officer or body to conduct a hearing on the matter pursuant to Chapter 5.20.
E. The hearing officer or body may affirm, dismiss or modify the decision as
set forth in Chapter 5.20.
F. Any action by the hearing officer or body may be appealed to the City
Council pursuant to Chapter 5.20.
5.48.050 Solicitation Operating Requirements.
A. It is unlawful for any person to engage in solicitation within the City
without a valid solicitation permit issued by the City Manager.
B. It is unlawful for any person to engage in commercial solicitation within the
City without both a valid solicitation permit and a valid business license issued pursuant
to Chapter 4.10.
C. A permit granted under this Chapter is not an endorsement by the City of
the solicitor or of any goods, wares, merchandise, services, or information that may be
sold or distributed by the solicitor and it is unlawful for any person to represent that
such an endorsement has been made.
D. It is unlawful for any person to go upon, ring the bell, knock on the door of
or attempt to gain admission to the premises of any residence, dwelling or apartment in
the City where the owner, adult occupant, or other person in control thereof has
expressed his or her objection to such activity either by explicit instructions, oral or
written, or by posting a sign or decal bearing the words "NO SOLICITORS" or words of
similar import, in a conspicuous place near the front door of the premises, unless prior
to such entry, bell ringing or knocking, such person has been requested or invited by the
owner or adult occupant or other person in control of the premises to be thereupon for
such purpose.
1. Activities related to a service requested by the owner or occupant of the
property and undertaken in the ordinary course of business, including but not limited to
deliveries of utility notices, telephone directory deliveries, regular newspaper deliveries,
work order notices and service inquiries, are presumed to be requested or invited for the
purpose of this Section.
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2. It is unlawful for any person, while soliciting, to go upon, ring the bell,
knock on the door of or attempt to gain admission to the premises of any residence,
dwelling or apartment in the City thirty (30) minutes after sunset or earlier than 8 a.m.,
unless such person has been requested or invited by the owner or adult occupant of the
premises to be thereupon for such purposes.
E. It is unlawful for any person to solicit in or upon any commercial property
within the City when such property is affixed with signing stating "NO SOLICITORS", or
similar statement to the effect that solicitation is not permitted on the property.
1. For commercial property that does not include or contain communal areas,
the property owner may post a "No Solicitors" sign of a size not less than 22 inches by
17 inches, with lettering of a least one inch in height, at each vehicular entry point to the
property.
2. For commercial property containing communal areas, including, for
example, seating areas, plazas, large walk areas, the property owner shall post signs
stating that:
"Solicitation of any type is permitted only in designated area (or
areas) of this shopping center. Violators are subject to
prosecution pursuant to Palm Springs Municipal Code Section
5.58.050. Please contact the property manager for the
permissible solicitation location."
3. The signing shall be located at all major entry points of the property, and
at such other locations designated by the property owner as permissible solicitation
areas. The signing may contain a similar statement to the same effect. The size of the
signing shall be not less than 22 inches by 17 inches with lettering of at least one inch in
height.
F. It is unlawful for any person to engage in solicitation in an aggressive or
abusive manner in any public place.
G. It is unlawful for any person to engage in solicitation while the solicited
person is in a prohibited place.
H. It is unlawful for any person, while soliciting, to shout, make any outcry,
blow a horn, ring a bell or use any sound device, including any loud speaking radio or
sound-amplifying system upon any public streets, alleys, parks or public places of the
City or upon any private property where such sound exceeds the City's noise standards
as set forth in this Code. No person who uses an automobile or other vehicle for
purposes of soliciting shall operate or permit the operation of any sound amplification
system which can be heard outside the automobile or other vehicle to advertise, to
draw attention to the presence of the automobile or other vehicle or to
communicate commercial information to the general public when such automobile or
other vehicle is moving, stopped, standing or parked upon any public or private
street, except to request emergency assistance or warn of a hazardous situation. This
Ordinance No. 1773
Page 16
Subsection shall not apply to authorized emergency vehicles or vehicles operated by
public utilities or to vehicles participating in a special event authorized by the City.
5.48.060 No Soliciting From Vehicles.
A. No person shall stand or park any vehicle equipped or used for solicitation
on any street or public right-of-way for purposes of such solicitation without obtaining a
written permit to do so from the City Manager or as otherwise permitted pursuant to this
Code.
B. Any operator of a vehicle equipped or used for soliciting on any public or
private property shall comply with the following regulations:
i. Each operator at all times shall possess and display in conspicuous
view upon each such vehicle a valid permit issued pursuant to this Chapter and a
business tax certificate issued pursuant to Chapter 4.10.
ii. Each operator shall display in conspicuous view the name, address
and telephone number of the holder of the permit issued pursuant to this Chapter and
shall permanently affix the permit on both the left and right sides of the vehicle. Such
information shall be in letters and numerals not less than four inches in height and shall
be in contrast to the color of the background upon which the letters are placed.
iii. Each operator causing the sale or offering for sale any produce or
other food item for which a food handling permit or other health permit is required by law
shall possess and at all times display such permit in conspicuous view upon each such
vehicle.
iv. No vehicle shall be parked, stopped or left standing in any manner
which blocks or impedes vehicular access to any driveway or restricts the free and safe
movement of other vehicles or pedestrians upon a right-of-way.
iv. No soliciting from a vehicle shall be permitted except after the
vehicle has been brought to a complete stop and parked in a lawful way.
5.48.070 Enforcement.
A. The applicant or solicitor shall be responsible for the conduct of all
persons (as defined in Section 5.40.010(E)) acting with or on the behalf of the applicant
or solicitor while in the course of operating under the permit. All persons found working,
helping, volunteering or in any way assisting in the activities for which the permit was
granted shall be considered employees of the applicant or solicitor. Any act or omission
of any person acting with or on the behalf of the applicant or solicitor constituting a
violation of the provisions of this Chapter shall be deemed the act or omission of the
applicant or solicitor for purposes of determining whether the applicant's or solicitor's
permit shall be granted, denied, renewed or revoked.
Ordinance No. 1773
Page 17
B. Every act prohibited and every failure to perform an act made mandatory
by this Chapter shall be punishable as provided for in Chapter 1.12 of the Code and be
subject to revocation of a solicitation permit and be ineligible to receive a new
solicitation permit for a period of one (1) year.
Section 3. Chapter 11.68 of the Palm Springs Municipal Code is repealed.
ADOPTED THIS 19th DAY OF MAY, 2010.
Stephen P- Pougnet, KAyor
ATTEST:
/James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1773 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 5th of May,
2010, and adopted at a regular meeting of the City Council held on the 19`h of May,
2010, by the following vote:
AYES: Councilmember Foat, Councilmember Mills, Councilmember Weigel,
Mayor Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk af�,t �a Fp
City of Palm Springs, California