HomeMy WebLinkAbout2010-6 - Amending Chapter 5.42 of Title 5 of the Mewport Beach Municiapl Code, Pertaining to SolicitationORDINANCE NO. 2010- 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTER 5.42 OF TITLE 5
OF THE NEWPORT BEACH MUNICIPAL CODE,
PERTAINING TO SOLICITATION
NOW THEREFORE, the City Council of the City of Newport Beach HEREBY ORDAINS
that certain Newport Beach Municipal Code section is amended to read as follows:
SECTION 1: Chapter 5.42 is hereby amended to read as follows:
Chapter 5.42
SOLICITATION
Sections:
5.42.010 Findings and Purpose.
5.42.020 Definitions.
5.42.025 Commercial Solicitation - Registration Card Required.
5.42.030 Exemptions.
5.42.040 Application for Registration Card.
5.42.050 Registration Fee.
5.42.060 Issuance of Registration Card.
5.42.070 Term of Registration Card.
5.42.080 Nontransferability of Registration Card.
5.42.090 Waiver of Requirements in Emergency.
5.42.100 Handbills in Public Places.
5.42.110 Placing Handbills in Vehicles.
5.42.120 Distribution of Handbills on Residential Property.
5.42.125 Residential Properties Displaying "No Soliciting" Signs – "No solicitation" list.
5.42.130 Posting on Public Property.
5.42.140 Posting on Street.
5.42.150 Handbill Exceptions.
5.42.160 Publicly Soliciting Prohibited.
5.42.170 Time, Place and Manner of Solicitation— Prohibitions.
5.42.180 Violations.
SECTION 2: Section 5.42.010 of Chapter 5.42 is amended to read as follows:
5.42.010 Findings and Purpose.
A. Persons and organizations have been and are soliciting funds, support, and
opinions in residential areas of the City at times, and in ways, which interfere with
the reasonable expectations of privacy of the occupants of dwellings.
B. Persons have been soliciting funds, support and opinions in certain public areas
where members of the public are not able to easily avoid the solicitation, in areas
where the solicitation could endanger the safety of the public, and in ways which
may reasonably create fear on the part of the person being solicited.
C. Handbills soliciting funds, support or opinions frequently become litter or trash
which impacts the aesthetics of public and private property unless distributed or
placed in ways which ensure they are received by interested persons.
D. Occupants of residential property who display signs indicating the occupant does
not wish to receive unsolicited handbills and in- person solicitation have received
unwanted solicitation and distribution of printed material delivered in the evening
or early morning hours when the residents' "no soliciting" signs are less clearly
visible to solicitors.
E. The provisions of this Chapter constitute reasonable and content - neutral time,
place and manner restrictions and limitations which allow persons and
organizations ample opportunity to solicit funds, opinions and support while
protecting and promoting the public peace, health, safety and welfare.
F. The provisions of this Chapter that require registration are for the purpose of
identifying commercial solicitors and advising them of the regulations relative to
solicitationwithin the City. (Ord. 98 -5 § 1 (part), 1998)
SECTION 3: Section 5.42.020 of Chapter 5.42 is amended to read as follows:
5.42.020 Definitions.
The words and terms used in this Chapter shall be defined as follows:
"Applicant" means the person applying to the City Manager for a Registration Card
"City Council" means the City Council of the City of Newport Beach.
"City Manager" means the City Manager of the City of Newport Beach or his /her
designee.
"Commercial solicitation" means solicitation related primarily to an economic
transaction, such as the exchange of goods or services for a financial fee or cost. This
definition shall automatically incorporate court rulings defining the terms "commercial
speech" and "commercial solicitation." This definition shall also include solicitation by
for - profit entities that solicit funds on behalf of non - profit entities, when such for - profit
entities are paid for solicitation on the non - profit entity's behalf, or retain any portion of
funds raised on a non - profit entity's behalf.
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"Handbill" means any document or written matter such as a circular, leaflet, or pamphlet
which advertises, promotes or informs of a product, business, service, event,
commercial enterprise or any noncommercial activity, event, organization or purpose.
"Newspaper" means and includes any newspaper of general circulation as defined by
State law, any newspaper duly entered with the Post Office Department of the United
States in accordance with Federal statute or regulation, and shall include any periodical
or current magazine regularly published with not less than four issues per month and
sold to the public.
"Noncommercial solicitation" means solicitation not primarily commercial in nature, and
not primarily related to an economic transaction such as the exchange of goods or
services for a financial fee or cost. Noncommercial solicitation may include solicitation
of monetary or non - monetary donations to non - profit entities, when such solicitation is
not conducted by a for - profit entity that is paid for solicitation on the non - profit entity's
behalf, or that retains any portion of the funds solicited on behalf of the non - profit entity.
"Person" means any individual, partnership, corporation, or association, firm, company,
society, organization, church, congregation, assembly, or league, and shall include any
director, officer, trustee, receiver, assignee, agent, or other similar representative
thereof.
"Police Department" means the Newport Beach Police Department.
"Public place" means and includes all publicly owned and maintained streets, sidewalks,
alleys, parks, beaches, grounds and buildings.
"Registration card" means the card, which authorizes a person to engage in solicitation.
"Residential property" means any dwelling, house, building or other structure, designed
or used in whole or in part for residential purposes and shall include any yard, walkway
or driveway appurtenant to the structure.
"Solicit" and "solicitation" means request for, or offer of, money, sservices, opinion,
support, information or property.
"Solicitor" means an individual who solicits. (Ord. 98 -5 § 1 (part), 1998)
SECTION 4: Section 5.42.025 of Chapter 5.42 is amended to read as follows:
5.42.025 Commercial Solicitation - Registration Card Required.
A. Except as provided in Section 5.42.030, no person shall engage in commercial
solicitation in the City of Newport Beach without first applying for, and receiving,
a registration card. Multiple registration cards may be issued pursuant to a single
application for all solicitors engaged in commercial solicitation on behalf of, and
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under the immediate direction and control of, the applicant. Commercial solicitors
shall carry registration cards on their persons at all times while soliciting and shall
display the registration card upon request of any person being solicited or
anyone authorized to enforce this Code.
B. The City Manager has no authority to, and shall not, grant, deny, suspend,
revoke or refuse to renew any registration card by reason of disapproval or
disagreement with the philosophy, opinion, or belief of the card holder.
SECTION 5: Section 5.42.030 of Chapter 5.42 is amended to read as follows:
5.42.030 Exemptions.
The following are exempt from the provisions of this Chapter:
A. Any organization's solicitation of its members;
B. Solicitation on premises owned or controlled by the solicitor;
C. Solicitation which is subject to disclosure under State or Federal political
disclosure laws;
D. The issuance of any announcement or advertisement that such solicitation as
described in subsections (A), (B), or (C) of this Section will occur or which
announces or advertises an event at which unannounced solicitation as
described in subsections (A), (B), or (C) of this Section occurs;
E. Newspapers or magazines that have not been contacted by owners or occupants
of property and instructed not to deliver such materials to that property or
dwelling unit; ,
F. Direct solicitation through United States mail; solicitation conducted solely by
means of radio or television broadcasts;
G. Any person who is engaged in, or acting as an agent for, any business entitled to
an exemption from local taxation by reason of its being engaged in interstate
commerce, shall be required to make application for a registration card in
accordance with the requirements of this Chapter, but shall be exempt from any
fee upon satisfactory evidence being presented to the City Manager of his /her
right to an exemption;
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SECTION 6: Section 5.42.040 of Chapter 5.42 is amended to read as follows:
5.42.040 Application for Registration Card.
A. An application for a registration card shall be made to the Police Department on
forms supplied by the City. The applicant shall verify the application for a card
under penalty of perjury and file it with the Police Department at least ten days
prior to the date the applicant intends to begin soliciting. The Police Department
may, for good cause shown, allow the filing of an application less than ten days
prior to the date the card is requested.
B. The application shall contain the following information:
1. The full name, mailing address, principal business or residential address
and telephone number, and the nature of the relationship between the
applicant and the card holder, including whether the applicant is a
volunteer, a paid officer or employee, an independent contractor, or an
agent of the card holder;
2. Written authorization of permission to solicit from any person or
organization for which the applicant intends to solicit.
3. Where applicable, documentation from the State of California that the
cardholder is in compliance with Government Code Section 12599.
4. If the applicant is
(a) An individual, the application shall state the full name, mailing
address and principal business or residential address and
telephone number;
(b) A partnership, the application shall state the full name, mailing
address, and principal business or residential address and
telephone number of each partner. However, if there are more than
ten principal partners, only the ten principal partners need to be
listed;
(c) A corporation, the application shall state whether it is organized
under the laws of California or is a foreign corporation and, if a
foreign corporation, the place of incorporation, the full name,
mailing address, and principal business or residential address, the
State Corporation or Federal Employer Identification Number, and
telephone number of the individual in charge of the local office of
the corporation and of three principal officers or directors of the
corporation;
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(d) An association, the application shall state mailing address, and
principal business or residential address, the State Corporation or
Federal Employer Identification Number, and telephone number of
the association and the full name, mailing address, and principal
business or residential address and the telephone number of three
principal members of the association. If the association is part of a
multi -state association, the mailing address and principal business
or residential address and telephone number of its central office
shall also be given.
5. The full name, mailing address, and principal business or residential
address and telephone number of each individual who will be in charge of
supervising the solicitation;
6. The full name of each individual who will be soliciting on behalf of the card
holder; 7. The time during the day when the solicitation will be made and
the dates for the commencement and termination of the solicitation;
7. A general outline of the method or methods to be used in conducting the
solicitation, including the number of solicitors to be used;
8. A statement that the registration card will not be used or represented in
any way as an endorsement by the City or any department, officer, or
employee thereof.
C. If, while the application is pending or during the term of any card provides
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 Police
Department in writing within twenty -four (24) hours after such change.
5.42.050 Registration Fee.
An applicant for a registration card shall, when the application is filed, pay the fee
established by resolution of the City Council. The filing fee shall not exceed the
administrative cost of processing the application and issuing the card.
SECTION 7: Section 5.42.060 of Chapter 5.42 is amended to read as follows:
5.42.060 Issuance of Registration Card.
The Police Department shall issue the card to the applicant within ten days after the
date the completed application is filed.
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5.42.070 Term of Registration Card.
A registration card shall be valid for the time period of time stated in the application but
in no case shall the time exceed a period of one year from the date of the issuance of
the permit.
5.42.080 Nontransferability of Registration Card.
No registration card issued pursuant to this Chapter shall be transferred or assigned,
and any attempted assignment or transfer shall be void.
SECTION 8: Section 5.42.090 of Chapter 5.42 is amended to read as follows:
5.42.090 Waiver of Requirements in Emergency.
The City Manager or Police Department may waive the requirements of this Chapter in
whole or in part when he /she /it determines that a waiver is necessary to allow the
solicitation of immediate aid in response to an emergency. (Ord. 98 -5 § 1 (part), 1998)
5.42.100 Handbills in Public Places.
No person shall distribute, deposit or place any handbill or any other written material in
or on any public place. The provisions of this Section shall not prohibit any person from
personally delivering a handbill in any public place to any person willing to accept the
handbill. (Ord. 98 -5 § 1 (part), 1998)
SECTION 9: Section 5.42.110 of Chapter 5.42 is amended to read as follows:
5.42.110 Placing Handbills in Vehicles.
No person shall distribute, deposit or place any handbill, or any other written material, in
or upon any automobile or other vehicle in the City that displays a sign stating "no
handbills" or sign with similar wording that indicates the vehicle's owner or driver does
not wish to receive such materials.
5.42.120 Distribution of Handbills on Residential Property.
No person shall distribute, deposit or place any handbill, or any other written material, in
or to any residential property which has displayed any sign indicating "No Solicitors" or
similar wording that no solicitation is desired by the occupant. All handbills distributed
to, or deposited or placed in any residential property shall contain a legible notice to the
effect that anyone who does not desire to receive additional handbills may notify the
person or organization responsible for the distribution whose name address and phone
number shall be listed on the handbill. Subsequent to receipt of notice that the occupant
does not desire additional handbills, the registration card holder(s) shall not distributed
handbills to that residential property.
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SECTION 10: Section 5.42.125 of Chapter 5.42 is amended to read as follows:
5.42.125 Residential Properties Displaying "No Soliciting" Signs – "No
Solicitation" list.
Occupants of residential properties who visibly display "no soliciting" signs, or signs with
similar wording, may annually request to have their addresses included on a registry of
residential properties whose occupants do not wish to receive unsolicited handbills or
solicitation. The registry shall be maintained by the City Manager's Office and through
the City's website, and shall be available on the City website to the public and all
potential commercial and noncommercial solicitors. It shall be a violation of this Section
for any commercial or noncommercial solicitor to solicit or distribute handbills at or to
any dwelling unit that is included on the City's "no soliciting" registry.
5.42.130 Posting on Public Property.
No person, except a public officer or employee in performance of a public duty, shall
place or fasten any handbill, sign, poster or notice of any kind on any lamp post, pole,
hydrant, bridge, wall, tree or other object in any public place, except as may be required
or allowed by law.
5.42.140 Posting on Street.
No person shall erect or construct any billboard or sign upon any street, sidewalk or
public right -of -way, or cause the same to be done, except as may be required or
allowed by law.
5.42.150 Handbill Exceptions.
The provisions of this chapter shall not apply to the distribution of mail by the United
States Post Office.
5.42.160 Publicly Soliciting Prohibited.
No person shall solicit in any public place by means of loud and unreasonable noise
that could reasonably be expected to disturb persons of ordinary sensitivity.
5.42.170 Time, Place and Manner of Solicitation— Prohibitions.
No person shall solicit in violation of any of the following provisions:
A. No solicitation is permitted between the hours of 9:00 p.m. and 8:00 a.m., except
by prior appointment;
B. No solicitation is permitted at any residential property at which a sign is displayed
indicating "No Solicitors' or a similar indication that no solicitation is desired by
the occupant(s);
C. No solicitor shall use profane or abusive language or verbal threats, during any
solicitation or following any refusal by the person solicited;
D. No solicitor shall step onto or over the threshold of a doorway, unless invited to
do so by the occupant(s);
E. No solicitor shall place his /her hands, legs, or any portion of the body in any
doorway or exit so that it would reasonably appear to the occupant that the door
may not be closed or the exit may not be accessible, unless the occupant grants
permission to do so;
F. No solicitor shall refuse to leave the premises when asked to do so by the
occupant(s);
G. No solicitation shall occur when the person to be solicited is in or on any of the
following places:
1. Any public pier, beach, parking lot or parking structure, dock or ferry
landing;
2. Any public transportation vehicle or facility;
3. Any vehicle on the public or private street, alleyway or public right -of -way;
4. Within fifty (50) feet of any automated teller machine;
5. Outdoor and /or indoor dining areas of restaurants or other dining
establishments serving food for immediate consumption without the
express permission of the restaurant owner, manager or operator; or
6. A queue of five or more persons waiting to gain admission to a place or
vehicle, or waiting to purchase an item or admission ticket;
H. No solicitor shall block or impede the path of the individual(s) being solicited;
No solicitor shall continue to solicit, follow, or accompany, any individual who has
been solicited after the individual has asked the solicitor to leave or after the
individual being solicited has declined the solicitation;
J. No solicitor shall touch the individual(s) being solicited without that individual(s)
consent;
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K. No solicitor shall make any statements, gesture, or other communication which a
reasonable person in the situation of the individual(s) being solicited would
perceive to be a threat and has a reasonable likelihood to produce in the victim a
fear that the threat will be carried out;
H. No solicitor shall knowingly make false statements or misrepresentations during
the course of the solicitation.
5.42.180 Violations.
Violations of this chapter shall be enforced in accordance with the provisions of Chapter
1.04 of the Newport Beach Municipal Code.
SECTION 11: If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 12: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 13: This ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach, held on the23ra day of march 2010, and adopted on
thel3th day of April , 2010, by the following vote, to wit:
AYES, COUNCILMEMBERS Selich. Bosansky. Henn, Webb _
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
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ATTEST:
1
LEILANI BROWN; CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
LE NIE MULVIHILL,
ACTING CITY ATTORNEY
11
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordinance No. 2010 -6 was duly and regularly introduced on the 23rd day of March, 2010, and
adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held
on the 13th day of April, 2010, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of April, 2010.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2010 -6 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following dates:
N11111
Introduced Ordinance: March 27, 2010
Adopted Ordinance: April 17, 2010
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In witness whereof, I have hereunto subscribed my name this 1 ' day of A
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V City of Newport Beach, California
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