Chapter 11.37
PEDDLERS AND SOLICITORS

Sections:

11.37.010    Definitions.

11.37.020    License required.

11.37.030    Exemptions.

11.37.040    Claims of exemption.

11.37.050    General soliciting regulations.

11.37.060    Commercial peddling prohibition on public rights-of-way.

11.37.070    General peddling regulations.

11.37.080    Peddlers of prepared food products from motor vehicles permitted.

11.37.090    Violation—Penalty.

*    Prior ordinance history: Ords. 94-11 and 96-34.

11.37.010 Definitions.

For purposes of this chapter, the following definitions apply:

“Charitable purpose” means any tax exempt purpose or function as specified in Article I of Chapter 4 of the California Revenue and Taxation Code (Sections 23701 and following).

“Commercial peddling” means any peddling that is not for a charitable purpose or does not involve expressive merchandise.

“Expressive merchandise” means merchandise bearing an express or obvious ideological, philosophical, political, or religious message that is inextricably intertwined with other forms of protected expression as recognized under the California Constitution or the United States Constitution.

“Fixed place of business” means the premises in the City occupied for a period of not less than sixty (60) days for the particular purpose of conducting business, and regularly kept open for at least twenty (20) hours every week.

“Peddle” or “peddling” means to sell and make immediate delivery, or offer for sale and immediate delivery, any edible product, goods, merchandise, ware or thing, in possession of the seller, at any place within the City other than from a fixed place of business.

“Peddler” means any person who peddles as defined in this section.

“Person” means an individual.

“Prepared food products” means any liquids or edibles for human consumption that are prepackaged or in sealed containers, or are prepared for consumption at the location of the sale. For the purposes of Section 11.37.080, the term “prepared food products” includes the incidental sale of fruits and vegetables that are not prepackaged or in sealed containers; provided, that such fruits and vegetables consist of no more than ten (10) percent of the peddler’s total prepared food products offered for sale.

“Public right-of-way” means the area dedicated to public use for street or pedestrian purposes including privately owned and maintained roads within the City that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets.

“Solicit” or “soliciting” means to:

1.    Sell or take orders or offer to sell or take orders, for any edible product, goods, merchandise, ware or thing, for future delivery, or for services to be performed; or

2.    Distribute advertising material or samples; or

3.    Request contributions, either directly or indirectly, at any place within the City other than a fixed place of business.

“Solicitor” means a person who solicits as defined in this section.

To the extent any of the definitions in this section conflict with the definitions contained in Title 7 of the Los Angeles County Code, which the City has adopted by reference in Chapter 5.02 of this code, the definitions in this section will control. (Ord. 08-8 § 2, 7/8/08)

11.37.020 License required.

A.    Peddler’s and Solicitor’s License. No person may peddle or solicit unless such person has a valid peddler’s or solicitor’s license, as applicable, issued by the County of Los Angeles on behalf of the City under Title 5 of this code and Title 7 of the Los Angeles County Code.

B.    Health Permit for Peddlers of Prepared Food Products. In addition to the required peddler’s permit, any person that peddles prepared food products must also obtain any applicable health permit issued by the County of Los Angeles on behalf of the City.

C.    Possession of License. Every peddler or solicitor must maintain an original copy of their peddler’s or solicitor’s license on their person at all times while peddling or soliciting, and, upon request, must show such license to any City code enforcement or law enforcement officer, or any person to whom they are peddling or soliciting. (Ord. 08-8 § 2, 7/8/08)

11.37.030 Exemptions.

The provisions of this chapter do not apply to:

A.    Soliciting conducted solely by means of facsimile machines, the Internet, newspapers, magazines, radio, television broadcasts, telephone, or through the United States mail.

B.    Charitable soliciting that is conducted among the members of the soliciting group by other members, whether at regular assemblies, services or otherwise.

C.    Soliciting on premises owned or controlled by the solicitor.

D.    Soliciting that is subject to disclosure under state or federal political disclosure laws.

E.    Soliciting by commercial sales agents or representatives selling goods wholesale to dealers for resale, or to manufacturers for manufacturing purposes, or to bidders for public works or supplies.

F.    Farmers selling farm products produced by them. (Ord. 08-8 § 2, 7/8/08)

11.37.040 Claims of exemption.

Any person claiming to be exempt from any of the provisions of this chapter, including the licensing requirements, must cite to the City’s Director of Community Development or designee the statute or other legal authority under which such exemption is claimed and present proof of qualification for such exemption. (Ord. 08-8 § 2, 7/8/08)

11.37.050 General soliciting regulations.

Solicitors must comply with the following regulations when soliciting:

A.    Hours. Except as otherwise authorized under this code, soliciting may only take place between the hours of eight a.m. and sunset.

B.    Minors. Any solicitor under the age of eighteen (18) years must be accompanied by an adult who holds a valid solicitor’s license in accordance with Section 11.37.020.

C.    Premises Posted for No Soliciting. No soliciting is permitted at any house, apartment or other dwelling unit, or at any commercial premises where a sign is displayed in public view indicating “no solicitors or peddlers” or there is a similar indication that no soliciting is desired by the owners or occupants of the premises, except with the prior consent or at the invitation of the owners or occupants.

D.    Aggressive Solicitation. No solicitor may persistently and importunely engage in soliciting with a person after that person has indicated that he or she is not interested in the solicitation.

E.    Refusal to Leave Premises. No solicitor may refuse to leave any residential or commercial premises when requested to leave by an owner, occupant, or responsible person for such premises.

F.    Obstruction of Movement. No solicitor may intentionally and deliberately obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. (Ord. 08-8 § 2, 7/8/08)

11.37.060 Commercial peddling prohibition on public rights-of-way.

Except as otherwise authorized under this code, including the issuance of any applicable temporary, special, or conditional use or event permit, no person may engage in commercial peddling on any public right-of-way in the City. (Ord. 08-8 § 2, 7/8/08)

11.37.070 General peddling regulations.

Peddlers must comply with the following regulations when peddling:

A.    Hours. Except as otherwise authorized under this code, peddling may only take place between the hours of eight a.m. and sunset.

B.    Premises Posted for No Peddling. No peddling is permitted at any house, apartment or other dwelling unit, or at any commercial premises where a sign is displayed in public view indicating “no solicitors or peddlers” or there is a similar indication that no peddling is desired by the owner or occupant of the premises, except with the prior consent or at the invitation of the owner or occupant.

C.    Aggressive Peddling. No peddler may persistently and importunely engage in peddling with a person after that person has indicated that he or she is not interested in the things being peddled.

D.    Refusal to Leave Premises. No peddler may refuse to leave any residential or commercial premise when requested to leave by an owner, occupant, or responsible person for such premises.

E.    Obstruction of Movement. No peddler may intentionally and deliberately obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. (Ord. 08-8 § 2, 7/8/08)

11.37.080 Peddlers of prepared food products from motor vehicles permitted.

A.    Peddling of prepared food products is permitted from motor vehicles used for the transportation or preparation of such prepared food products when conducted on public streets, but not including public sidewalks or parkways.

B.    The parked location of a motor vehicle used for the peddling of prepared food products must be at least one hundred (100) feet from an intersection to minimize impacts on traffic flow and the potential obstruction of sight lines and observation. The opening of the motor vehicle from which sales are made must face the sidewalk or such other direction so that customers are not required to stand in the vehicular right-of-way.

C.    A person peddling prepared food products from motor vehicles may not remain in any one location for the purposes of peddling, or any other location less than one-half mile from the same location, for more than thirty (30) minutes during any six (6) hour period.

D.    During the period of such peddling, the peddler must maintain the location in a neat, sanitary and hazard-free condition, and pick up and dispose of in a sanitary manner all debris, garbage or litter that is left by any customer of the peddler.

E.    No peddling of prepared food products from motor vehicles is permitted within one thousand (1,000) feet from any school property boundary while children are going to or leaving such school during opening or closing hours, or during the noon or lunch-time recess period. (Ord. 08-8 § 2, 7/8/08)

11.37.090 Violation—Penalty.

A violation of this chapter constitutes a misdemeanor, and will be subject to the applicable penalties under Chapter 23.10 of the Santa Clarita Municipal Code in addition to any other applicable penalties or remedies. (Ord. 08-8 § 3, 7/8/08)