Chapter 4.9 Solicitation
4.9.10 Purpose of this Chapter
The purpose of this Chapter is to establish regulations for the control of solicitation in the public rights-of-way or upon public property within the City of La Habra Heights.
4.9.20 Solicitations Permit Required
No person shall engage in solicitation, as that term is defined in Article 12, within the City without having obtained a permit from the City Manager authorizing such solicitation; but when a permit has been issued to any person the agents and solicitors for such person shall not be required to obtain individual permits.
4.9.30 Exemptions
The provisions of this Chapter do not apply to solicitations made upon premises owned or occupied by the organization on whose behalf such solicitation is made.
4.9.40 Application for Permit
The requirements for application for a Solicitation Permit are as follows:
A. An application for permit to solicit shall be made to the City Manager upon forms prescribed by the City Manager and signed under oath. The application shall be sworn to or affirmed and filed with the City Manager at least fifteen (15) calendar days prior to the time at which the permit to conduct a solicitation shall become effective; provided, however, that the City Manager may for good cause shown allow the filing of an application within this required period prior to the effective date of the permit applied for. The City Manager shall either grant or deny the required permit to conduct a solicitation within fifteen (15) calendar days of the date the application is made. In the event the City Manager fails to act upon a permit within the time prescribed herein, the permit shall be deemed granted.
B. The application herein required shall contain at least the following information: address, telephone and other contact information for the applicant; the purpose for which the solicitation is to be made; the total amount of any funds to be raised thereby, if any; and the use or disposition to be made of any receipts there from; an outline of the method or methods to be used in conducting the solicitations, including dates and times for the commencement, conduct and termination of the solicitation; a statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the City or by any department, officer or employee thereof; the names of other cities in which the person registering has solicited; and an explanation of the reasons, if the applicant is unable to provide any of the foregoing information, why such information is not available.
C. If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the City Manager in writing thereof within twenty-four (24) hours after such change.
4.9.50 Issuance of Permit
The City Manager shall issue a permit for solicitation unless any of the following have been demonstrated:
A. That the applicant has failed to provide the required information;
B. That any statement made in the application is untrue; or
C. That the proposed time, place and manner of solicitation is inconsistent with any provision of this Code or poses a threat to the public’s health or safety.
In the event the City Manager denies a permit to any applicant, the City Manager, within five (5) business days thereof, shall send by registered mail or give the applicant in person written notice of the denial, stating the reasons for such denial.
4.9.60 Term of Permits
All permits issued under this Chapter shall be valid for a period of thirty (30) calendar days unless renewed, revoked or suspended pursuant to the provisions of this Chapter. Upon good cause shown, the City Manager may issue a permit that may be valid for more than thirty (30) calendar days, but in no event shall a permit be valid for more than six (6) months. Any permit issued under this Chapter shall not be transferable or assignable.
4.9.70 Identification Card
All persons to whom permits have been issued hereunder shall furnish an identification card to their agents and solicitors which card is required to be in the possession of each agent and solicitor and presented when soliciting. Identification cards shall include the permit number, the name and address of the permittee, a statement describing the permittee’s purpose and activity, the signature of the permittee’s chief executive officer (if applicable), the name and signature of the solicitor to whom the card is issued, the specific period of time during which the solicitation is authorized, and shall have printed prominently thereon in red: ‘This identification card is not an endorsement of the solicitation by the City of La Habra Heights or any of its officers or employees.’
No person shall solicit unless he or she exhibits an identification card of a form approved by the City Manager and, before commencing the solicitation, the solicitor shall read it to the person solicited or present it to the person solicited, allowing sufficient time for perusal.
4.9.80 Revocation of Permits
Whenever it shall be shown that any person to whom a permit has been issued under this Chapter has violated any of the provisions hereof or has violated any other law in connection with the solicitation, the City Manager shall immediately suspend the permit, and within two (2) business days thereof, shall either send by registered mail or give the permit holder in person written notice of suspension, stating the reasons for the suspension.
4.9.90 Appeals from Action of City Manager
If an applicant or permit holder is aggrieved by any action to deny, suspend or revoke a permit by the City Manager, such applicant or permit holder may appeal to the City Council by filing within fifteen (15) calendar days of the City Manager’s decision with the City Clerk a written statement addressed to the City Council requesting an appeal and setting forth the facts and circumstances regarding the action by the City Manager. The City Clerk shall set a time and place for hearing the appeal and notify the applicant or permit holder. The City Council may affirm, reverse or reverse with conditions the decision of the City Manager. The action of the City Council shall be final.
4.9.100 Manner of Solicitation and Prohibitions
A. No person shall solicit without a permit and identification card;
B. No person shall solicit within the City after the permit issued by the City has expired;
C. No person shall solicit at any dwelling, including but not limited to a house, apartment, or condominium where there is 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;
D. 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;
E. 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;
F. No person shall intentionally and deliberately obstruct the free movement of any member of the public on any street, sidewalk or other place or in any place open to the public generally;
G. No person shall threaten any injury or damage to any member of the public who declines to be solicited;
H. No person shall misrepresent his or her physical or mental health while soliciting;
I. No person shall alter an identification card issued or approved by the City without the express approval of the City Manager;
J. No person shall solicit funds in the City for any purpose other than purpose(s) specified in the application upon which the permit was issued;
K. No person shall, while standing in any portion of the public right-of-way, including but not limited to public streets, highways, sidewalks and driveways, solicit, or attempt to solicit, employment, business, or contributions of money or other property, from any person traveling in a vehicle along a public right-of-way, including, but not limited to, public streets, highways or driveways; and
L. No person shall, while the occupant of a moving vehicle, solicit, or attempt to solicit, business or contributions of money or other property, from a person that is within the public right-of-way.
4.9.110 Violations/Penalties
Any person or entity that violates any provision of this Chapter of the City of La Habra Heights Municipal Code is guilty of a misdemeanor that shall be punishable pursuant to the procedures set forth in Article 8.