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ORD 290 ORDINANCE NO. 290 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 5 OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGULATING SOLICITING AND LITTERING WITHIN THE CITY. I/ THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 5.20 of the Rancho Palos Verdes Municipal Code is hereby repealed. Section 2. Title 5 of the Rancho Palos Verdes Municipal Code is hereby amended by adding thereto a new Chapter 5.20, to read as follows: "Chapter 5.20 SOLICITATION 5.20.010 Definitions 5.20. 020 Letter of Authorization Required 5. 20. 030 Exemptions 5.20. 040 Application Procedures 5.20. 050 Letter of Authorization Issuance 5.20. 060 Suspension or Revocation of Authorization 5. 20.070 Appeal 5.20.080 Renewal 5. 20. 090 Manner of Solicitation 5. 20. 100 Distribution of Handbills 5.20. 110 Time of Solicitation 5.20. 120 Effect on Other Ordinances 5.20. 130 Penalty for Violations Section 5.20.010 Definitions As used in this chapter: I/ A. "Charitable" means and includes the words patriotic, philanthropic, social services, welfare, benevolent, educational, religious, civic or fraternal, either actual or purported. B. "Charitable Association" means and includes any organization, whether or not incorporated, that is organized and operated exclusively for charitable, religious, fraternal, -1- ORD. NO. 290 educational, cultural, civic or other tax exempt purposes or functions as specified in Article I of Chapter 4 of the California Revenue and Taxation Code (commencing with Section 23701) , or any successor thereto, and which has been determined by the Franchise Tax Board to be exempt from taxation, or which has established its exemption under Section 501(c) (3) of the Internal Revenue Code or any successor thereto. C. "Captive Audience" means one or more purposefully stationary persons, such as persons in lines or seated in public I/ areas. D. "City" means the City of Rancho Palos Verdes. E. "Contributions" means and includes the words alms, food, clothing, money, or property, subscription or pledge, and also donations under the guise of loans of money or property. F. "Authorization Officer" means those City officers whom the City Manager designates to administer this Chapter. G. "Letter of Authorization" means the solicitor identification letter issued in accordance with Section 5. 20. 050 of this Chapter, for use in conducting solicitations pursuant to this Chapter. H. "Person" means any individual, firm, business, partnership, corporation, cooperative, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, solicitor, or other similar representative thereof. I. "Solicit" and "solicitation" mean the request, directly or indirectly, of money, credit, property, financial assistance, patronage or other things of value; hawking, peddling, vending, offering for sale or taking orders for any goods, services, or merchandise for charitable (as defined in this section) or commercial purposes or otherwise, or the dissemination of information conducted door to door in residential neighborhoods, in any place of public accommodation, in any place of business open to the public generally, on the City's streets and sidewalks, in public parks, on public beaches, or in any other public place. "Solicit" and "solicitation" also shall mean and include the following methods of disseminating information, securing money, patronage, credit, property, I/ financial assistance, or other thing of value, when conducted in the following manner: 1. By oral or written report; 2 . By the distribution, circulation, posting, or publishing of any handbill, written -2- ORD. NO. 290 advertisement or other publication, unless such handbill or written advertisement has been placed on the premises of a business open to the public generally with the consent of the owner or proprietor of such business; I/ 3 . The sale or taking orders for any goods, services, merchandise, wares or other tangible items. A solicitation shall be deemed made at its inception, whether or not the person making the same receives any contribution or makes any sale referred to in this subsection. J. "Street or highway" means all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks and public ways. Section 5.20.020 Letter of Authorization Required No person shall solicit within the City without first having applied for and been granted a Letter of Authorization from the City's Authorization Officer. The individual agents and solicitors for each applicant shall not be required to obtain individual Letters of Authorization, provided a separate copy of the Letter of Authorization is in the possession of each individual agent and/or solicitor when soliciting. Section 5.20.030 Exemptions A. The provisions of this Chapter shall not apply to solicitations made upon premises owned or occupied by the organization or person on whose behalf such solicitation is made. B. Payments required by law to be collected or paid; C. Payments to or for governmental agencies; D. Solicitations made by an association or its authorized agents and employees to its own members and employees. E. Solicitations made by telephone. F. Persons customarily calling only on businesses or I/ institutions for the purposes of selling products for resale or business or institutional use. G. The distribution of items or printed materials for which consideration has been paid by the person receiving such items or materials. -3- ORD. NO. 290 Section 5.20.040 Letter_ of Authorization Application Procedures A. Filing an Application. An application for a letter of authorization for solicitation shall be filed with the Authorization Officer not less than five (5) days prior to the commencement of soliciting activities. Upon the filing of an application, the Authorization Officer shall, within five (5) I/ calendar days of the date the application is made, grant or deny the requested Letter of Authorization to conduct the solicitation pursuant to the standards set forth in this Chapter. In the event the Authorization Officer fails to act upon an application within the time prescribed herein, the Letter of Authorization shall be deemed granted. B. Contents of an Application. An application for a Letter of Authorization shall include the following information: 1. If the applicant is an individual, the applicant's correct legal name, social security number, date of birth, residence address, and telephone number. 2 . If the applicant is not an individual, the applicant's correct legal name, taxpayer identification number (if applicable) , address of its principal office, and the names, addresses and telephone numbers of the applicant's principal officers and executives; 3 . The name, address and telephone number of the person or persons who will be in direct charge of conducting the solicitation. 4. The names of all fund raisers or solicitors who are or will be conducting solicitation activities within the City. 5. A description of the method or methods to be used in conducting the solicitation and the locations in the City where the solicitation is to be conducted. 6. The time when such solicitation will be made, giving the intended dates and the hours of day for the commencement and termination of the solicitations, if specifically known, or, in the alternative, a statement that soliciting will take place within the hours provided for by this Chapter. I/ 7. A statement to the effect that, if a Letter of Authorization is granted, it will not be used or represented in any manner as an endorsement by the City or by any Department or officer thereof; -4 ORD. NO. 290 8. The signature of the applicant if the applicant is an individual, of the managing general partner if the applicant is a partnership, or of an officer authorized to bind the applicant if the applicant is a corporation or an association. 9. The applicant's City of Rancho Palos Verdes business license identification number, if applicable; 10. If the applicant is unable to provide any element of the required information, an explanation of the reasons why any information required herein is not available must be provided. Section 5.20.050 Letter of Authorization A. Issuance of Letter of Authorization. The Authorization Officer shall issue a Letter of Authorization for solicitation unless any one or more of the following have been demonstrated: 1. That the applicant has failed to provide all information required pursuant to this Chapter, and has failed to provide an explanation for such omission. 2 . That any material statement or representation made in the application is false. B. Authority of Authorization Officer. Nothing in this Section shall be construed as granting to the Authorization Officer, or to any other person, the discretion or authority to grant, deny, revoke, renew or suspend any Letter of Authorization by reason of either approval or disapproval of the philosophy, opinions, or beliefs of the applicant, or of the person such applicant represents, or for any other reasons not specifically set forth in this Section. C. Form of Letter of Authorization. Letters issued under this Chapter shall bear the name and address of the person or organization to whom the letter is issued, the number of the letter, the date issued, the dates within which the applicant may solicit, a statement that the authorization does not constitute an endorsement by the City or any of its departments, officers or employees of the purpose of, or of the person conducting the solicitation. All letters must be signed by the Authorization Officer, or his or her designee in the absence of the Authorization Officer. A copy of the provisions of this Chapter shall be provided to the applicant, upon request, at the applicant's expense. D. Term of Letter of Authorization. All Letters of Authorization issued by the City shall be valid for a period of -5- ORD. NO. 290 one (1) month from the date of issuance unless revoked or suspended or renewed pursuant to the provisions of this Chapter. Section 5.20.050 Suspension or revocation of authorization. A. Grounds for revocation. A Letter of Authorization may be revoked by the Authorization Officer if the holder or any person soliciting on behalf of the holder violates any of the provisions of this Chapter. B. Notice - Revocation. Whenever it shall be shown that the grounds for revocation exist, the Authorization Officer shall suspend the Letter of Authorization by issuing to the holder notice of the suspension, stating specifically the reasons for the suspension. Such notice shall be provided by registered or certified mail or by personal service of the notice upon the person. The suspension shall become effective on the third calendar day after service by mail of the suspension notice, or immediately upon personal service of the notice. C. Notification of the Sheriff's Department. The Authorization Officer shall immediately notify the Los Angeles County Sheriff's Department of the suspension or revocation of any Letter of Authorization issued under this Chapter. Section 5.20.070 Appeal Any applicant or holder who is aggrieved by any action by the Authorization Officer to deny, suspend or revoke a Letter of Authorization shall have the right to appeal such decision to the City Manager. The appeal shall be made in writing, shall be filed within five (5) calendar days after mailing or personal delivery of a notice of denial or revocation, and shall set forth the specific grounds for the appeal. The City Manager shall hear the aggrieved person or a designated representative, receive relevant information and documents, and act on the appeal within three (3) days of receiving the appeal. The City Manager's decision shall be final. Section 5.20.080 Renewal A Letter of Authorization shall be renewed within five (5) calendar days of a written request for renewal by the holder or the holder's authorized representative if the factual I/ information upon which the original application was granted remains unchanged and no violation of this Chapter has been committed. In the event a violation has occurred, or if the factual information upon which the original application was granted has changed, the Authorization Officer may require a new application subject to the provisions of this Chapter. -6- ORD. NO. 290 Section 5.20.090 Manner of Solicitation A. No person shall solicit at any dwelling, including, but not limited to, a house, apartment, mobilehome, or condominium where there is displayed a sign indicating "No Solicitations", "Do Not Disturb" , or any other indication that the occupants do not wish to be solicited or in any other way have their privacy disturbed. B. No person shall, in the course of a solicitation, request or demand admission to the interior of a private residence or dwelling. C. No person shall touch, come into physical contact with, or affix any object to the person of any member of the public, without first receiving express permission therefore from such member of the public. D. No person shall persistently and importunately solicit any member of the public after such member of the public expresses his or her desire not to be solicited. E. No person shall intentionally or deliberately obstruct the free movement of any person on any street, sidewalk or other place or in any place open to the public generally. F. No person shall solicit from a captive audience. G. No person shall threaten any injury or damage to any member of the public who declines to be solicited. H. No person shall accept food stamps as a contribution. I. No person shall misrepresent his or her physical or mental health while soliciting. J. No person shall, while an occupant of a temporarily standing or moving vehicle on a street or highway, attempt to hire or hire for employment another person or persons. K. No person shall, from any public street, sidewalk, alley, way or other public property, solicit, or attempt to solicit, employment, business, or contributions, vend, peddle, sell and/or offer for sale, any merchandise, goods, wares, or services to the occupants of vehicles standing or moving in or upon any public street or highway, except that nothing in this paragraph shall be construed to prohibit solicitation of the occupants of any vehicle that is lawfully parked. -7- ORD. NO. 290 Section 5.20.100 Distribution of Handbills A. Distribution upon residential property. No person shall drop, throw, scatter, or cast upon any residential property in the City without the consent of the owner or occupant thereof any newspaper, handbill, pamphlet, circular, leaflet, or any other advertising sheet or other printed matter. This paragraph shall not be construed to prevent the delivery of newspapers, handbills, or other materials which are individually delivered and secured to the property in such a way as to eliminate the hazards of randomly scattered litter. B. Distribution upon public property and vehicles. No person shall drop, throw, scatter, or cast upon any public street or sidewalk, or place upon any unoccupied vehicle, any newspaper, handbill, pamphlet, circular, leaflet, or any other advertising sheet or other printed matter. Section 5.20. 110 Time of Solicitation No person shall enter private premises between the hours of nine p.m. and eight a.m. for the purpose of solicitation, unless that person has been specifically requested or invited to enter by the owner or occupant of such premises. Nothing in this section shall be construed to grant any person permission to enter upon private property. Section 5.20.120 Effect on Other Ordinances Persons required to obtain a Letter of Authorization under this Chapter shall not be relieved from compliance with any other provision of this Code, including, but not limited to, Chapter 5. 04, and shall remain subject to the regulatory provisions of other ordinances. Section 5.20. 130 Penalty for Violations Any person who violates any provision of this chapter shall be guilty of an infraction for the first violation, and of a misdemeanor for each subsequent violation. " Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Rancho Palos Verdes hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one -8- ORD. NO. 290 or, more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid. PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF AUGUST , 1993 . 4110 M. ATTEST: 40' • /00 Jr / C ' •y Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is four; that the foregoing ordinance, being Ordinance No. 290, was introduced on July 20, 1993 and was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 3, 1993 , and the same was passed and adopted by the following roll call vote: AYES: BACHARACH, McTAGGART AND MAYOR BROOKS NOES: NONE ABSENT: KUYKENDALL ABSTAIN: NONE f CITY CLERK -9- ORD. NO. 290 ORD. NO. 290 RANCHO PALOSVERDES STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on August 5, 1993 she caused to be posted the following document entitled: AMENDING TITLE 5 OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGULATING SOLICITING AND LITTERING WITHIN THE CITY. a copy of which is attached hereto, in the following locations: City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U . S . Post Office 28649 S . Western Ave. Ladera Linda Community Center Rancho Palos Verdes 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd . , Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting . II, L-- / / , . / - 'CITY CLERK 30940 HAWTHORNE BOULEVARD / RANCNO PALOS VERDES. CA 90274-5391 / (213) 377-0360