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HomeMy WebLinkAbout98-5 - Repealing Chapters 5.09, 5.40 and 5.41, and Adding Chapter 5.42 to the Newport Beach Municipal Code Pertaining to Solicitationu • 0 ORDINANCE NO. 98 - 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REPEALING CHAPTERS 5.09, 5.40 and 5.41,AND ADDING CHAPTER 5.42 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SOLICITATION The City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: Chapter 5.42 of Newport Beach Municipal Code is hereby added to read as follows: CHAPTER 5.42 SOLICITATION Sections: 5.42.010 Findings and Purpose 5.42.020 Definitions 5.42.025 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 5.42.130 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 Solicitation - Prohibitions 5.42.180 Violations 1 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. 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. E. The provisions of this Chapter that require registration are for the purpose of identifying Solicitors and advising of the regulations relative to solicitation and, accordingly, registration is not required of those who have already provided the City with substantially all of the information required by the application. 5.42.020 Definitions. The words and terms used in this Chapter shall be defined as follows: r1 U FA A. Applicant shall mean the person applying to the City Manager for a • Registration Card. B. City Council shall mean the City Council of the City of Newport Beach. C. City Manager shall mean the City Manager of the City of Newport Beach or his /her designee. D. Handbill shall mean 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 non - commercial activity, event, organization or purpose. E. Newspaper shall mean and include 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 (4) issues per month and sold to the public. F. Registration Card shall mean the card, which authorizes a person to engage in solicitation; G. Person shall mean 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. 0 3 H. Residential Property shall mean any dwelling, house, building or other • structure, designed or used in whole or in part for residential purposes and shall includes any yard, walkway or driveway appurtenant to the structure. I. Public Place shall mean and include all publicly owned and maintained streets, sidewalks, alleys, parks, beaches, grounds and buildings. j. Solicit and Solicitation shall mean request for, or offer of, money, services, opinion, support, information or property. K. Solicitor shall mean an individual who solicits. 5.42.025 Registration Card Required. A. Except as provided in Section 5.42.030, no person shall solicit 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 solicitation on behalf of, and under the immediate direction and control of, the applicant. 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. 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; 4 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, magazines, or by direct solicitation through United States mail; Solicitation conducted solely by means of radio or television broadcasts; F. 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; G. Person or business entity that has a Newport Beach business license, and their employees and independent contractors are exempt from the provisions of Sections 5.42.025 and 5.42.040 through 5.42.090 when soliciting on behalf of the business licensee. 5.42.040 Application for Registration Card. A. An application for a Registration Card shall be made to the City Manager on forms supplied by the City. The applicant shall verify the application for a card under penalty of perjury and file it with the City Manager at least ten (10) days prior to the date the Applicant intends to begin soliciting. The City Manager may, for good cause shown, • 5 allow the filing of an application less than ten (10) 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 (10) principal partners, only the ten (10) principal partners need to be listed; 9 (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.; (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; • 7 6. The full name of each individual who will be soliciting contributions • 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; 8. A general outline of the method or methods to be used in conducting the solicitation, including the number of solicitors to be used; 9. 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 City Manager 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. 5.42.060 Issuance of Registration Card. The City Manager shall issue the card to the applicant within ten (10) days after the date the completed application is filed. 5.42.70 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 (1) year from the date of • the issuance of the permit. 8 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. 5.42.090 Waiver of Requirements in Emergency. The City Manager may waive the requirements of this Chapter in whole or in part when he /she determines that a waiver is necessary to allow the solicitation of immediate aid in response to an emergency 5.42.100 Handbills in Public Places. No shall 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 . • 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. 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 • 9 not desire additional handbills, the Registration Card holder(s) shall not distributed • handbills to that Residential Property. 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; 10 E 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 feet (50') 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 (5) 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; 11 I. No Solicitor shall continue to solicit, follow, or accompany, any individual 10 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; 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 making 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 2: This Chapter shall not apply to any matter to which it concerns to the extent that the regulation of such matter is preempted by State law. SECTION 3: Chapters 5.09, 5.40 and 5.41 of the Newport Beach Municipal Code are hereby repealed. SECTION 4: 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 12 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 of the sections, subsections, sentences, clauses and phrases may be declared unconstitutional. SECTION 5: 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 within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of March , 1998, and adopted on the 23rd day of March , 1998 by the following vote, to wit: AYES, COUNCILMEMBERS Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards NOES, COUNCILMEMBERS None ABSENT, COUNCILMEMBERS Absent MAYOR ATTEST: rf,q r1a-"� m . CITY CLERK • 0 • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, 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. 98 -5 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23rd day of March, 1998, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Glover, Noyes, and Mayor Edwards Noes: None Absent: Hedges Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said.Qity this 24th dhy of March, 1998. ". P�A * ) V l /� f' City Clerk of the City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF` CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF NEWPORT BEACH ) I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 98 -5 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 date, to wit: March 28, 1998. In witness whereof, I have hereunto subscribed my name this 6L day of '1998. rl 016v vv—, \ WY V� -' City Clerk of the City of Newport Beach, California