Ordinance Number 305315
ORDINANCE NO. 305
REGULATING DOOR-TO-DOOR SOLICITATION
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DEFINING AND REGULATING SOLICITORS,
PROVIDING PENALTIES FOR THE VIOLATION THEREOF
AND REPEALING PORTIONS OF ORDINANCE NO. 171 IN
CONFLICT THEREWITH
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Solicitation Prohibited. Unless speci-
fically exempted by this Ordinance, it shall be unlawful for any
person to engage in the business as a solicitor, calling at
residences without the previous consent of the occupant for the
purpose of soliciting orders, sales, subscriptions, or business
of any kind.
SECTION 2. Exemptions. Any solicitation carried on
exclusively by means of the United States Postal Service or by
telephone shall be exempt from the provisions of this Ordinance.
Furthermore, solicitations for charitable or philanthropic
purposes shall be exempt from the prohibitions contained in
this Ordinance, provided that such solicitations are carried on
in accordance with the terms hereinafter set forth.
SECTION 3. Definitions.
"Soliciting" shall mean and include any one or
more of the following activites:
(1) Seeking to sell, or obtain orders for the
purchase of, goods, wares, merchandise,
foodstuffs, services, of any kind, character
or description whatever, for any kind of
consideration whatever; or
(2) Seeking to obtain prospective customers for
application or purchase of insurance of any
type, kind or character, or the sale,
purchase or lease of real property; or
(3) Seeking to sell or obtain subscriptions to
books, magazines, periodicals, newspapers
and every other type or kind of publication;
or
(4) Seeking to 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.
B. "Charitable and philanthropic purposes" shall
include social services, benevolent purposes and
patriotic purposes.
C. "Charitable or philanthropic associations" shall
include corporations and such other entity which
has been recognized and qualified as nonprofit
cha.ritab%q,and/or philanthropic associations by
either the Franchise Tax Board of the State of
California or the Internal Revenue Service of
the United States of America.
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SECTION 4. Registration of Charitable and Philanthropic
Solicitors. Prior to undertaking any solicitations, the responsi-
ble representative of the charitable or philanthropic association
shall first register with the City Clerk of the City of San Juan
Capistrano upon forms provided by that office. The registrant
shall give the full name of the association, the full name or
names of persons responsible for the solicitation within the
City, and the duration and proposed method of operation in the
City. If the City Clerk determines that the applicant is a
legitimate and qualified charitable and/or philanthropic associa-
tion, the applicant shall be furnished a certificate indicating
that the association is a registered solicitor and showing the
dates covered by such registration, which period shall in no
event exceed 90 days from the date of the approval.
Each person shall at all times while soliciting in the
City carry upon his person the registration certificate and the
same shall be exhibited by such registrant whenever he is
required to do so by any peace officer or by any person solicited.
SECTION 5. Revocation. Any registration secured
pursuant to this Ordinance may be revoked by the City because of
any violation by the registrant of this Ordinance or of any other
Ordinance of the City, or of any State or Federal law, or when-
ever the registrant shall cease to possess the qualifications and
character required in this Ordinance for the original registration.
SECTION 6. Consent of Occupant. The practice of going
in and upon private residences in the City by solicitors, peddlars,
hawkers, itinerant merchants or transient vendors of merchandise,
not having been requested or invited so to do by the owner or
owners, occupant or occupants of said private residences, for
the purpose of soliciting orders for sale of goods, wares and
merchandise and/or for the purpose of disposing of and/or
peddling or hawking the same, is declared to be a nuisance.
SECTION 7. Penalty. Any person violating any of the
provisions of this Ordinance shall, upon conviction thereof, be
punished by a fine not to exceed Five Hundred Dollars ($500.00),
or by imprisonment not to exceed six (6) months, or by both such
fine and imprisonment.
SECTION 8. Severance Clause. The provisions of this
Ordinance are declared to be severable and if any section,
sentence, clause, or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections,
sentences, clauses and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this
Ordinance shall stand notwithstanding the invalidity of any part
thereof.
SECTION 9. Repealing of Conflicting Ordinances. All
Ordinances or parts of Ordinances inconsistent with the provi-
sions of this Ordinance, be and the same are hereby repealed.
SECTION 10. Effective Date. This Ordinance shall
take effect thirty 30) days after its passage, as provided by
law.
PASSED, APPROVED AND ADOPTED this 7th day of Jules_,
1976, by the following vote, to wit:
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AYES: Councilmen Sweeney, McDowell., Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
ATTEST:
ITY CLERI'
DOUGLAS B SH, -MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, DO HEREBY CERTIFY that the foregoing is a true and
correct copy of Ordinance No. 305 , adopted by the City Council
of the City of San Juan Capistrano, California, at a regular
meeting thereof held on the 7th day of July , 1976.
(SEAL) -MARY ANN j ANOVER, CITY CLERK
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