HomeMy WebLinkAboutAgenda Report - April 3, 1985 (86)Stein a]
City At t orneY
Olson
Following introduction of the matter by
CED. Following
it discussion, Council, on mr1352 ofd prdi�ceerAmending
�M Cf�AFI�R, Council 1352
15 TO AM A NEW second, introduced Ordinance No' rdin solicitors and
SIMICN �aAIO- glapter 15 to add a new section , Se n
peddlers and amending Chapter 12, Section 12-1. The motion
IND ,ICI AM parried by unanimous vote.
A1�ID P�I�
MMUING
12 - SBCTICN
12-1 (h)
Ll"
' •` HE .CITY COUNCIL
CITY MANAGER'S OFFICE
UNCIIr COMMUNICATION,
DATE
26, 1985
NO.
StY8.1KTc .
PEDDLERS AND SOLICITORS LICENSING
For many years now, the City of Lodi, under its business license
ordinance, has charged a license fee for peddling and
soliciting. As I am sure you are aware, our business licenses
are for revenue raising purposes, and not for regulation of
busineL;ses. My office has received a number of complaints over
the years from citizens who have been bothered by peddlers anci
solicitors who continuously disturb our residents. In checking
with a number of cities, I found that some have ordinances which
permit a citizen to have a "no soliciting or peddling" sign
posted at their door. When a peddler or solicitor is given
notice of the resident's disinterest in having a peddler/
solicitor disturbing them, and if the peddler/solicitor then
proceeds to disturb the resident, then the resident can file a
complaint.
In order to adequately enforce this "no solicitors/peddlers
invited" ordinance, it is imperative that the city adopt a
peddlers/solicitors identification ordinance which would permit
the citizen to have information as to who exactly is knocking on
their door and for what purpose. Unfortunately, the business
license has never given the citizens adequate protection, and in
some cases allows an unscrupulous peddler/solicitor to show the
the peddlers or solicitors business license and use that as a
badge of authority or approval from the city.
It is important for this Council to understand that under
California law, you cannot prohibit peddlers or solicitors from
knocking on the door of residences. Further, in a recent
California decision, it was held that you cannot limit the time
in whish they can call on the residence or business. However,
it is my belief that where the property owner gives notice to
the peddler/solicitor that he does not want to be disturbed and
the solicitor then proceeds to disturb the resident or
commercial business operator, the peddler or solicitor can then
be cited.
The ordinance which I am suggesting the Council adopt would
require the peddler or solicitor to have a certificate of
identification. Said certificate would be obtained from the
Police Department and would in fact permit the Police Department
to have a record of those people who are peddling and soliciting
within our City.
Further, the ordinance would allow a homeowner and/or business
to disallow peddlers and solicitors from disturbing them by
posting a sign to the effect "Ne Solicitors/Peddlers Invited".
\ 1
RONALD M. �TEI� ---
CITY ATTORNEY'
RMS:vc
TO: Police Chief Floyd Williams
Captain Vince Lake
Finance Director Bob Holm
Maxine Cadwallader ._
FROM: Ron Stein
City Attorney
Attached is a rough draft of the Ordinance Amending Chapter
15 to Add a New Section Regarding Solicitors and Amending
Chapter 12, Section 12-1 (h). Please look this over and
note your comments on this rough draft and return to me
within 10 days.
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ORDINANCE NU.
,I
ORDINANCE AMENDING CHAPTER 15 TO ADD A NEW SECTION
REGARDING SOLICITORS AND AMENDING CHAPTER 12,
SECTION 12-1 (h)
Section 1. SOLICITOR. Solicitor shall mean and be defined as set
forth in Section 12-2(h).
Section 2. CERTIFICATE OF REGISTRATION. Every person desiring to
engage in soliciting as herein defined from persons in residences
and/or from commercial establishments, is hereby required to make
written application for a certificate of registration as
'
hereinafter provided of the completed application. Such
certificate shall be carried by the solicitor.
y;
Section 3. APPLICATION FOR CERTIFICATE OF REGISTRATION.
Application for a certificate of registration shall be made upon a
form provided by the municipality. The applicant shall truthfully
state, in full, the information requested on the application, to
.Wit _
1. Name and address of present place of residence and
length of residence at such address; also business address if other
than present address;
2. Address of place of residence during the past three
years if other than present address;
3. .Age of applicant;
4. Physical description of the applicant;
5. Name and address of the person, firm 'or corporation or
association whom the applicant is employed by or represents; and
the length of time of such employment or representation;
6. Name and address of employer during the past three years
if other than the present employer;
7. Description sufficient for identification of the subject
matter of the soliciting in which the applicant will engage;
8. Period of time for which the certificate is applied;
9. The date, or approximate date, of the latest previous
application for certificate under this ordinance, if any;
f
10. Has a certificate of registration issued to the
applicant under this ordinance ever been revoked?
11. Has the applicant ever been convicted of a violation of
a felony under the laws of the state or any other state or federal
t
law of the United States?
12. Names of magazines, journals or books;
13. Names of the three most recent communities where the
applicant has solicited house to house;
14. Proposed method of operation;
15. Signature of applicant;
16. Social security number of applicant.
All statements made by the applicant upon the application or in
connection therewith shall be under oath.
lan
The applicant shall submit to fingerprinting by the police
department of the municipality in connection with the application.
for the certificate.
The Department of Finance shall cause to be,kept in his office an
accurate record of every application received and acted upon
together yith all other information and data pertaining thereto and
all certificates of registration issued under the provisions of
this ordinance, and of the denial of applications, Applications.-
for certificates shall be numbered in consecutive order as filed,
and every certificate issued, and any renewal thereof, shall be:
identified with the duplicate number of the application upon which
it was issued. Upon completion of the application pursuant to
this section the Director of Finance shall issue a certificate of
registration.
No certificate of registration shall be issued to any person who
has been convicted of the commission of a felony under the laws of
the state or any other state or federal law of the United States,
within five years of the date of application; nor to any person who
-2-
n
of any of the provisions of this ordinance, or has made a false
material statement in the application, or otherwise becomes
disqualified for the issuance of a certificate of registration
under the terms of this ordinance. Immediately upon such.
revocation, written notice thereof shall be given by the Chief. of
Police to the holder of the certificate in person or by certified
United States mail addressed to his or her residence address set
forth in the application.
Immediately upon the giving of such notice the certificate of
registration shall become null and void.
The certificate of registration shall state the expiration date
thereof.
SECTION_5. NOTICE REGULATING SOLICITING. Every person desiring to
secure the protection provided by the regulations pertaining to
soliciting contained in this ordinance, shali comply with the
following directions, to wit:
Notice of the determination by the occupant of giving
invitation to solicitors, or the refusal of invitation to
solicitors, to any residence, shall be given in the manner
following:
of any of the provisions of this ordinance, or has made a false`
material statement in the application, or otherwise become s
disqualified for the issuance of a certificate of registration
under -the terms of this ordinance. Immediately upon such
revocation, written notice thereof shall be given by the Chief of
Police to the holder of the certifi:ate in person or by certified
United States mail addressed to his or her residence address set
forth in the application.
Immediately upon the giving of such notice the certificate of
registration shall become null and void.
The certificate of registration shall state the expiration date
thereof.
SECTION 5. NOTICE REGULATING SOLICITING. Every person desiring to
secure the protection provided by the regulations pertaining to
soliciting contained in this ordinance, shall comply with the
following directions, to wit:
Notice of the determination by the occupant of giving
invitation to solicitors, or the refusal of invitation to
sclieitors, to any residence, shall be given in the manner
following:
A<weatherproof card, approximately three -1S,:,:,, by ;,four
inches in size, shall be exhibited upon or near the main entrance
door to, the residence, indicating the determination by the
occupant, containing the applicable words as follows:
"Only Solicitors Registered in the City of Lodi
Invited",
or
"No Solicitors Invited"
The letters shall be at least one-third in height. For the purpose
of uniformity the cards shall be provided by the Chief of Police to
persons requesting, at the cost thereof.
Such card so exhibited shall constitute sufficient notice to any
solicitor of the c?etermin:at ion by the occupancy of the .residence of
tile i n fo rnaF t iota con t n i sled t leo rooll . ;
Section 6. DUTY OF SOLICITORS.
no
If the notice states "Only
Solicitors Registered in the City of Lodi Invited", then the
solicitor not possessing a valid certificate of registration as
herein provided shall immediately and peacefully depart from the
premises, and if the notice states "No Solicitors Invited", then
the solicitor, whether registered or not, shall immediately and
peacefully depart from the premises.
Any solicitor who has gained entrance to any residence, whether
invited or not, shall immediately and peacefully depart from the
premises when requested to do so by the occupant.
Section 7. UNINVITED SOLICITING PROHIBITED. It is hereby declared
to be unlawful and shall constitute a nuisance for any person to go
upon any premises and ring the door bell upon or' near any door, or
create any sound in any other manner calculated to attract the
attention of the occupant of such premises, for the purpose of
securing an audience with the occupant thereof and engage in
soliciting as herein defined, in defiance of the notice exhibited
at the premises in accordance with the provisions of Section 6 of
this ordinance.
Secticn 8. PENALTY. Any person violating any of the provisions of
this ordinance shill, upon conviction thereof, be considered guilty
of any infraction.
Section 9. EXEMPTIONS -GENERALLY. Persons in the categories set
out in Section 12-10 to 12-14 of the Lodi City Code shall be exempt
from the payment of a certificate of registration fee, but shall be
required to obtain and display a certificate of registration which
certificate shill be issued free of charge by the Director of
Finance. (Ord. No. 375 and 377)
AMEND CHAPTER 12, Section 12-1. DEFINITIONS (h)
(h) Solicitor. Solicitor shall mean any person who sells or takes
orders, or offers to sell or take orders for any goods, wares,
,merchandise or thing, for future deliver,T, or for services to be
performed, at any place in the city other than a place of business,
and who does not follow a fixed route or serve prospective
purchasers in the city regularly or continuously, or any person
seeking to:
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1. Obtain prospective customers for application or
purchase of insurance of any type, kind or publication;
or
2. Obtain subscriptions to books, magazines, periodicals,
newspapers and every other type or kind of publication;
or
3. Obtain gifts or contributions of money, clothing or any
other valuable thing for the support or benefit of any
charitable or nonprofit association, organization,
corporation, or project. (Ord. No. 375 and 326)
ORDINANCE NO.
ORDINANCE AMENDING CHAPTER 15 TO ADD A NEW SECTION
REGARDING SOLICITORS AND PEDDLERS AND AMENDING CHAPTER 12,
SECTION 12-1 (h)
Section 1. PEDDLER. Peddler shall mean any person who sells and
makes immediate delivery, or offers for sale and immediate
delivery, any goods, wares, merchandise or thing, in the possession
of the seller, at any place in the city other than from a fixed
place of business, and who does not follow a prearranged fixed
route or serve purchasers in the city regularly and continuously.
5ectior. 2. SOLICITOR. Solicitor shall mean and be defined as set
forth in Section 12-1(h).
Section 3. CERTIFICATE OF IDENTIFICATION. Every person desiring
to engage in soliciting/peddling as herein defined from persons in
.residences and/or from commercial establishments, is hereby
required to make written application for a certificate of
identification as hereinafter provided of the completed
application. Such certificate shall be carried by the solicitor.
Section 4. APPLICATION FOR CERTIFICATE OF IDENTIFICATION.
Application for a certificate of identification shall be made upon
a form provided by the municipality. The applicant shall
truthfully state, in full, the information requested on the
application, to wit:
1. Name and address of present place of residence and
length of residence at such address; also business address if other
2. Address of place of residence during the past three
years if other than present address;
3. Age of applicant and date of birth;
4. Physical description of the applicant;
5. Name and address of the person, firm or corporation or
association whom the applicant is employe.: by or represents; and
the length of time of such employment or representation;
6. Name and address of employer during the past three years
if other than .he present employer;
7. Description sufficient for identification of the subject
matter of the soliciting in which the applicant will engage;
8 Period of time for which the certificate is applied;
9. The date, or approximate date, of the latest previous
application for certificate under this ordinance, if any;
10. Has a certificate of identification issued to the
applicant under this ordinance ever been revoked?
11. Has the applicant ever been convicted of a violation of
a felony under the laws of the state or any other state or federal
law of the United States?
12, Names of magazines, journals or books;
13. Names of the three most recent communities where the
applicant has solicited. house to house;
14. Proposed method of operation;
15. Signature of applicant;
16. Social security number of applicant.
17. Shall present identification with a photograph and
operators license number.
-2-
All statements made by the applicant upon the application or
in connection therewith shall be under oath.
The applicant shall submit to fingerprinting by the police
department of the municipality in connection with the application
for the certificate.
All applicants are subject to fingerprinting and photograph
at a fee according to the current City Council resolution setting
fees and the Department of Justice fee schedule.
The Chief of Police or his designee shall keep in their
office an accurate record of every application received and acted
upon together with all other information and data pertaining
thereto and all certificates of identification issued under the
provisions of this ordinance, and of the denial of applications.
Applications for certificates shall. be numbered in consecutive
order as filed, and every certificate issued, and any renewal
thereof, shall be identified with the duplicate number of the
application upon. which it was issued. Upon completion of the
application pursuant to this section the Chief of Police or his
designee shall issue a certificate of identification.
No certificate of identification shall be issued to any
person who has been convicted of the commission of a felony under
the laws of the state or any other state or federal law of the
United States, within five years of the date of application; nor to
any person who has been convicted of a violation of any of the
provisions of this ordinance; nor to any person whose certificate
of identification issued hereunder has previously been revoked as
herein provided.
-3-
tiv
Section 5. REVOCATION OF CERTIFICATE. Any certificate of
identification issued hereunder shall be revoked by the Chief of
Police if the holder of the certificate is convicted of a violation
of any of the provisions of this ordinance, or has made a false
material statement in the application, or otherwise becomes
disqualified for the issuance of a certificate of identification
under the terms of this ordinance. Immediately upon such
revocation, written notice thereof shall be given by the Chief of
Police to the holder of the certificate in person or by certified
United States mail addressed to his or her residence address set
forth in the application.
Immediately upon the giving of such notice the certificate
of identification shall become null and void.
The certificate of identification shall state the expiration date
thereof.
Section 6. NOTICE REGULATING SOLICITING/ PEDDLING. Every person
desiring to secure the protection provided by the regulations
pertaining to soliciting contained in this ordinance, shall comply
with the following directions, to wit:
Notice of the determination by the occupant of refusal of
invitation to solicitors and/or peddlers, to any residence or
-- =
commercial property, shall be given in the manner following:
-
A weatherproof card, approximately three inches by four
inches in size, shall be exhibited upon or near the main entrance
door to the residence or commercial establishment, indicating the
determination by the occupant, containing the applicable words as
_
follows:
j-
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71�� ■mow r�rrll■■lo�rllr�■�Irr�s�isw�i�il�f�l0l�lrr���r`:i -
f
"No Solicitors/Peddlers Invited"
Section 7. DUTY OF SOLICITORS/PEDDLERS. If the notice states "No
Solicitors/Peddlers Invited", then the solicitor/peddler shall
immediately and peacefully depart from premises.
Any solicitor/peddler who has gained entrance to any
residence, whether invited or not, shall immediately and peacefully
depart from the premises when requested to do so by the occupant.
Section 8. UNINVITED SOLICITING.PEDDLING PROHIBITED. It hereby
declared to be unlawful and shall constitute a nuisance for any
person to go upon any premises and ring the door bell upon or near
any door, or create any sound in any other manner calculated to
attract the attention of the occupant of such premises, for the
purpose of securing an audience with the occupant thereof and
engage in soliciting as herein defined, in defiance of the notice
exhibited at the premises in accordance with the provisions of
Section 7 of this ordinr.nee.
Section 9. PENALTY. Any person violating any of the provisions of
this ordinance shall, upon conviction thereof, be considered guilty
of a misdemeanor.
Section 10. APPLICATION FEE. At the time of filing an application
for a certificate of identification, the applicant shall pay a fee
in accordance with the following:
For each certificate of identification, a sum as adopted
from time to time by resolution of the City Council.
-5-
Fees prescribed heretofore in this ordinance shall be in
addition to any other lawful fees imposed by the'.City of Lodi for
doing or conducting business within the City of Lodi and does not
exempt an individual or •entity from obtaining a business license
pursuant to Chapter 12 of the Lodi City Code.
Section 11. EXEMPTIONS -GENERALLY. Persons in the categories set
out in Section 12-10 to 12-14 of the Lodi City Code shall be exempt
from the payment of a certificate of identification fee, but shall
be required to obtain and display a certificate of identification
which certificate shall be issued free of charge by the Chief of f
a=
Police or his designee. (Ord. No. 375 and 377) I=
Section 12. AMEND CHAPTER 12, Section 12-1. DEFINITIONS (h)
(h) Solicitor. Solicitor shall mean any person who sells or takes
orders, or
offers to sell or take orders for any goods, wares,
=:
merchandise or thing, for future delivery, or for services to be
performed,
at any place in the city other than a fixed place of
business,
and who does not follow a fixed route or serve
prospective purchasers in the city regularly or continuously, or
any person
seeking to:
1.
Obtain prospective customers for application or
purchase of insurance of any type, kind or publication;
or
-
2,
Obtain subscriptions to books, magazines, periodicals,.
newspapers and every other type or kind of publication;
or
3'.
Obtain gifts or contributions of money, clothing or any
Y�
other valuable thing for the support or benefit of any
charitable or nonprofit association, organization,
corporation, or project. (Ord. No. 375 and 326)
The definition shall not include salesmen or agents for wholesale
houses or firms who sell to retail dealers for resale or sell to
manufacturers for manufacturing purposes ox to bidders for public
works or supplies.
Section 13. - All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
Section 14. - This ordinance.shall be published one time in the
"Lodi News Sentinel", a daily newspaper of general circulation
printed and published in the City of Lodi and shall be in force and
take effect thirty days from and after its passage and approval.
Attest:
Approved this day of
Name___
-----------------------
MAi'OR
ALICE M. REIMCHE
City Clerk
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. was
approved and signed by the Mayor on the date of its
passage and the same has been published pursuant to
law.
Approved as to form
RONALD M. STEIN
City Attorney
ALICE M.,REIMCHE
City Clerk