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HomeMy WebLinkAboutORD 321ORDINANCE NO. 321 AN ORDINANCE OF THE CITY OF PALM DESERT REPEALING CHAPTER 5.84, (HANDBILLS) AND CHAPTER 5.88 (SOLICITING, HAWKING AND PEDDLING) AND PROVIDING FOR A NEW ORDINANCE REGARDING DISTRIBUTION OF LITERATURE, PEDDLING, AND SOLICITATION. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1. That Chapter 5.84 of the Code of the City of Palm Desert, California, ins hereby repealed and replaced with the following: Section 5.84.010. Purpose of Ordinance. Peddling and Solicitation. The City Council finds and declares as follows: 1. That the distribution of commercial advertising material upon residential property in the City creates widespread litter which is unsightly, unhealthy, and difficult to remove. 2. That door-to-door commercial solicitation of unwilling recipients by salesmen of goods and services jeopardizes the right of residents in this City to enjoy the privacy of their homes in tranquility and security, and serious public offenses have been committed by purported solicitors. 3. That such practices are injurious and inimical to the public health, safety and welfare of residents of this City and that such problems are becoming increasingly direct and substantial. 4. That such practices are, therefore, declared to be a public nuisance. 5. That such practices should be prohibited to protect the public health, safety, and general welfare of the residents of this City. Section 5.84.020. Distribution of Commercial Literature. It shall be unlawful to post, stick, stamp, paint, or otherwise fix, pass out, give away, circulate or deliver any printed or written handbill, circular, or advertising literature offering to sell or buy any goods, wares, merchandise, or commercial services or offering to buy, sell, or list any real property: 1. In any public place within the City; or 2. Into or upon any motor vehicle within the City; or 3. In a yard, grounds, or on the doorstep, porch, or vestibule of any residence, dwelling or apartment within the City; or 4. Upon any vacant lot or other private property within the City. This section shall not apply to noncommercial (political, religious, educational, charitable) literature. Section 5.84.030. Distribution of Non -Commercial Literature to Unwilling Recipients. It shall be unlawful to distribute, peddle, pass out, give away, or circulate any printed or written non-commercial literature of any kind whatsoever within the City when the intended recipient thereof, or the owner, occupant, or resident of any pro- perty where such literature is left or intended to be left, has notified the distributor or disseminator of such material that they do not wish to receive literature. Section 5.84.040. Notice to Peddlers, Solicitors and Distributors. The notice referred to in the preceding section may be given to a distributor or disseminator of printed or written material by an owner, occupant, or resident of Ordinance No. 321 property by one or more of the following means: 1. By posting the property on or near the front door or main entrance thereof with a sign at least twelve (12) square inches in area stating, in effect, "No Handbills," or words of similar meaning. 2. By written communication to the peddler, solicitor, or distributor of material. Section 5.84.050. Peddling and Solicitation. It shall be unlawful for any person, firm, corporation, association, club, partnership, society, or any other organization, commercially selling, offering for sale, or soliciting orders on any goods, wares, merchandise or commercial service; or offering to buy, sell, or list any real property or distributing commercial literature of the type described in Section 5.84.020, to telephone, to go upon, ring the bell or knock on the door of, or attempt to gain admittance to the premises of any residence, dwelling, or apartment within the City unless previous to such telephoning, entry, bell ringing, or knocking, such person has been requested or invited by the owner or adult occupant of the premises to telephone, or to be thereupon for such purposes. This section shall not apply to noncommercial (i.e. political, re- ligious, charitable) peddling and solicitation. Section 5.84.060. Littering. It shall be unlawful to throw, cast or scatter any printed or written material of any type whatsoever in or onto any public place; into, or upon any automobile, vehicle or conveyance, or into, or on the yard or grounds or on the doorstep, porch or vestibule of any residence, apartment or dwelling; or upon any vacant lot or other private property within the City. Section 5.84.070. Methods of Distribution. Any printed or written material which may, under this Ordinance, be passed out, given away, circulated or delivered in the City, shall be: 1. Placed in the hand of the intended recipient; or 2. Bound, folded or weighted in such a manner that the material cannot be blown away, scattered or fragmented by the action of the elements and/or normal pedestrial or vehicular traffic; or 3. Affixed to the premises for which it is intended by being tied to or slipped over a doorknob or other protrusion. Section 5.84.080. Newspapers Excepted. The foregoing provisions of this Ordinance shall not apply to the distribution of folded newspapers of general circulation, as the same are defined in the Government Code of the State of California, or other folded newspapers, articles, advertising supplements or articles which are routinely delivered on an established schedule and printed by a publisher of a general circulation newspaper. Section 5.84.090. Refusal to Leave Unlawful. It shall be unlawful for a peddler or solicitor or person distributing literature of any kind, to refuse to leave any residence, dwelling or apartment or other private property within the City when requested to leave by the owner, occupant, resident or other person in control thereof. -2- Ordinance No. 321 Section 5.84.100. Lawful Solicitation. Hour Limit. In the event a person is not prohibited by the provisions of this section from soliciting, for the sale of goods or merchandise, it nevertheless is unlawful for such person selling or pretending to sell, or offering for sale or demonstrating goods, wares or merchandise of any kind or character, or any article, material or substance, to ring the bell or knock on the door of or attempt to gain entry to any • residence, dwelling, flat, or apartment after 9:00 p.m. in the evening of any day and before 10:00 a.m, in the morning of any day, except Sunday and at any time ex- cept between 12 noon and 9:00 p.m. on Sundays. Section 2. That Chapter 5.88 of the Code of the City of Palm Desert, California, is hereby repealed. Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation printed, published and circulated within the City of Palm Desert, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this 28th day of October , 1982, by the City Council of the City of Palm Desert— , by the following vote, to wit: AYES: McPherson, Newbrander, Puluqi, Snyder & Wilson NOES: None ABSENT: None ABSTAIN: None ATTEST: JIILI L/1 1\. 41 LJG1\A!'ll\, V11 1 LLI\1\ City of Palm Desert, Ca ' ornia