Loading...
HomeMy WebLinkAboutORD 1305 (2005) ORDINANCE NO. 1305 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: CHAPTER10 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 fratemal, either actual or purported. Ordinance No. 1305 Page 1 of4 "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: Ordinance No. 1305 Page 2 of 4 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 Ordinance No. 1305 Page 3 of 4 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 m""09 00 th, 3' day of Octobm. 2005. i tJ'4? LOU ONE Mayor ~~~ City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF TUSTIN ) PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1305 was dul~ and regularly introduced at a regular meeting of the Tustin City Council, held on the 191 day of September, 2005 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 3rd day of October, 2005 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: HONE DAVERT AMANTE HAr.EN KAWASHIMA «;) NONE (0) NONE (0) NONE (0) Ordinance No. 1305 Page 4 of 4