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HomeMy WebLinkAbout18 SOLICITATION ORD 9-19-05 AGENDA REPORT Agenda Item ~ Reviewed: t1Ø City Manager Finance Director .....w.8- MEETING DATE: September 19, 2005 TO: William A. Huston, City Manager FROM: Scott M. Jordan, Chief of Police SUBJECT: Charitable and Commercial Solicitation Ordinance SUMMARY The City of Tustin currently has no ordinance specifically regulating charitable and commercial door-to-door solicitation within residential districts. The Tustin Police Department continues to receive numerous calls for service concerning threatening and/or verbally abusive solicitation, neighborhood solicitors canvassing residential districts at night, and solicitors that either ignore privately posted "no solicitation" signs or refuse to immediately leave the premises when requested to do so by the occupant. The purpose of the proposed ordinance is to protect and promote the public health, safety, and welfare by imposing content-neutral reasonable time, place and manner restrictions on door-to-door charitable and commercial solicitation in residential areas of the City. The Tustin Police Department has determined that such regulations are needed to protect residents in their homes from undue annoyance, such as intimidating and abusive solicitors and intrusions upon the hours of rest. RECOMMENDATION Introduce Ordinance. FISCAL IMPACT None. BACKGROUND From March 2004 through March 2005, the Tustin Police Department received 166 calls for service concerning door-to-door solicitations within residential areas of the City that caused undue annoyance, such as intimidating and abusive solicitors and intrusions upon the hours of rest. Consequently, the Tustin Police Department is concerned over recent reports of door-to- door solicitors who make verbally abusive and/or intimidating comments, canvass residential areas of the City at night, ignore privately posted "no solicitation" signs, and refuse to immediately leave the premises when requested to do so by the occupant. The City Attorney has worked closely with staff to develop an ordinance that will effectively regulate charitable and commercial door-to-door solicitation within the residential areas of the City. Solicitation ordinances trigger significant First Amendment issues and are quite often the 2076771 subject of litigation. Cities may only impose narrowly tailored, content-neutral and reasonable time, place, and manner restrictions on door-to-door charitable and commercial solicitors canvassing residential areas. Consequently, the City Attorney has prepared the attached ordinance so as to conform to the latest case law. The proposed ordinance is intended to provide more effective regulations, as well as an enforcement mechanism, to prohibit improper solicitation practices. The significant provisions of the proposed ordinance are as follows. Solicitation may not occur between the hours of 7:00 p.m. and 8:00 a.m. (i.e., during the hours of rest) within any residential district. Solicitation is prohibited at any time at a dwelling unit where a sign is posted "NO SOLICITORS", or within a homeowner's association requesting enforcement. In addition, solicitors are prohibited from using profane or abusive language or making verbal threats, they are prohibited from placing any portion of their body within the doorway, unless invited to do so by the occupant, they must immediately leave the solicited premises when requested to do so by the occupant, and they may not knowingly make false statements or misrepresentations about the purpose of the solicitation. Violation of the proposed ordinance will constitute a misdemeanor and will be subject to punishment in accordance with State law. At present violators would be subject to a fine not exceeding $1,000, or imprisonment not exceeding six months, or both. Attachment 2076771 2 ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 10 TO ARTICLE 5 OF THE TUSTIN CITY CODE REGARDING REGULATiON OF CHARITABLE AND COMMERCIAL SOLICITATIONS The City Council of the City of Tustin, California, does hereby ordain as follows: SECTION 1. Chapter 10 is hereby added to Article 5 of the Tustin City Code regarding regulation of charitable and commercial solicitations, which shall read as follows: CHAPTER 10 CHARITABLE AND COMMERCIAL SOLICITATIONS CHAPTER INDEX 5910 5911 5912 5913 5914 5915 Purpose. Definitions. Compliance with state law. Manner of Solicitation - Prohibitions. Receipts. Violation - Penalty. 5910 PURPOSE The purpose of this chapter is to protect and promote the public health, safety, and welfare by imposing content-neutral reasonable time, place and manner restrictions on door-to-door charitable and commercial solicitation in residential areas of the city. The City Council finds that such regulations are needed to protect residents in their homes from undue annoyance, such as intimidating and abusive solicitors and intrusions upon the hours of rest, and to prevent crime by discouraging potential or convicted criminals from posing as solicitors. 5911 DEFINITIONS As used in this chapter, the following terms shall have meanings as set forth below. "Charitable purpose" means for the purpose of any nonprofit organization, including patriotic, philanthropic, social services, welfare, benevolent, educational, religious, civil, or fraternal, either actual or purported. 206476.1 Regulation a/Charitable and Commercial Solicitation Ordinance Tustin Police Department "Commercial purpose" means for the purpose of any person, as identified in this section, organized or devoted to selling goods, services, real property, or information for profit. "Contribution" means the giving of anything of value, including money, information (through canvassing and polling), property, or any type of financial assistance, or the pledging of anything of value, including money, property, or other type of financial assistance, or the purchasing or offering to purchase anything of value, including, but not limited to goods, services, books, real property, pamphlets, tickets, or subscriptions to publications. "Person" means any individual, partnership, corporation, or association, including any firm, company, society, organization, church, synagogue, temple, congregation, assembly, or league, and shall include any director, officer, trustee, receiver, assignee, agent, or other similar representative thereof. "Solicit" and "solicitation" means the request for any contribution for a charitable or commercial purpose as defined in this section, or the request for a signature, conducted door-to-door at residences. A "solicitation" shall be complete when the request is made, whether or not the person making the request receives any contribution. 5912 COMPLIANCE WITH STATE LAW Prior to and while engaging in solicitation in any residential areas of the city, every person shall fully comply with all applicable state laws, including the provisions of the California Charitable Disclosure Law as set forth in California Business and Professions Code at Section 17510 et seq., and health and safety laws, as amended from time to time. 5913 MANNER OF SOLICITATION - PROHIBITIONS No person shall solicit in any residential areas of the city: A. Between the hours of seven p.m. and eight a.m., except by prior appointment; B. At any house, apartment, or other dwelling to which is affixed a sign indicating "NO SOLICITORS" or similar indication that no solicitation contact is desired by the occupants thereof; C. At any house, apartment, or other dwelling within a homeowners' association that maintains private streets, where: 1. The homeowners' association has posted on each entry way to the subdivision a notice in substantially the following form: 2 Regulation 0/ Charitable and Commercial Solicitation Ordinance Tustin Police Department 206476.1 D. E. F. G. H. Solicitation or Peddling at any house, apartment, or dwelling unit within the area on the below map is prohibited and subject to criminal prosecution and a fine of up to $1,000. 2. A map depicting the area within the homeowners' association is attached to the notice; and 3. The homeowners' association has requested in writing that the city extend the provisions of this chapter upon the homeowners' association's property; By using profane or abusive language or making verbal threats, either during the solicitation or following the a refusal; By stepping onto or over the threshold of a doorway, unless invited to do so by the occupant; By placing hands, legs, or any portion of the solicitor's body in the doorway so that it reasonably appears that the door may not be closed, unless allowed to do so by the occupant; By refusing to immediately leave the solicited premises when asked to do so by any occupant; and By knowingly making false statements or misrepresentations about the purpose of the solicitation. 5914 RECEIPTS Any person receiving money or anything of value in excess of five dollars from any contributor by means of a solicitation shall upon request give such contributor a written receipt showing the name and address of the solicitor, the date, and the amount received. 5915 VIOLATION - PENALTY Any solicitation in violation of this chapter shall constitute a misdemeanor and shall be subject to punishment in accordance with state law. SECTION 2. SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason determined to be invalid or unconstitutional by the decision of any 206476.1 3 Regulation of Charitable and Commercial Solicitation Ordinance Tustin Police Department court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the _day of _,2005. LOU BONE Mayor PAMELA STOKER City Clerk 2064761 4 Regulation of Charitable and Commercial Solicitation Ordinance Tustin Police Department STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of the Ordinance introduced at a regular meeting of the City Council of the City of Tustin duly held on -' of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and was finally passed and adopted not less than five days thereafter on -' by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk 2064761 5 Regulation of Charitable and Commercial Solicitation Ordinance Tustin Police Department