HomeMy WebLinkAboutOrdinance #3623 ORDINANCE NO. 3623
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH MUNICIPAL CODE BY DELETING CHAPTER 9.64 IN ITS
ENTIRETY (REGISTRATION OF CANVASSERS)AND ADDING CHAPTER 9.90
RELATING TO DOOR-TO-DOOR SOLICITATION
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Chapter 9.64 is hereby deleted in its entirety.
SECTION 2. That Chapter 9.90 is hereby added to the Huntington Beach Municipal
Code, said chapter to read as follows:
Chapter 9.90
DOOR-TO-DOOR SOLICITATION
Sections
9.90.010 Definitions
9.90.020 Regulations applicable to all soliciting
9.90.030 Provisions nonexclusive
9.90.010 Definitions
(a) "Soliciting" shall mean, for the purposes of this ordinance, offering a good or service,
seeking contributions of any kind, for whatever purpose or cause, or soliciting support
for or opposition to any person, cause, organization,philosophy or venture. This shall
include,but not be limited to, commercial solicitors and peddlers as defined in Chapter
5.04 of this Code. This definition includes persons approaching a residence to solicit
or disseminate information of any kind.
(b) "Private property" shall mean a privately owned building, either a residence or
commercial enterprise.
9.90.020 Regulations gplicable to all soliciting
(a) No person shall engage in solicitation upon any private property after having been
asked by the owner or occupant thereof to leave such property.
(b) Unless invited by the legal occupants or owners of a private property, it shall be
unlawful for any person to engage in solicitation upon any private premises or
residence or business located thereon if such premises or residence is posted against
solicitation by means of a notice, prominently displayed upon which is printed:
0 3ord/mc9-90ord 1
Ord. No. 3623
SOLICITING AT THIS LOCATION IS A VIOLATION OF LAW
For purposes of the preceding sentence, a private property, either residence or
business, shall be deemed to be posted against solicitation if there is exhibited, on or
near the main entrance to the property or on or near the main door to any structure
located thereon, above ground level, a sign conspicuously posted, which bears the
above legend.
(c) No person who engages in solicitation shall use any plan, scheme or ruse or make any
statement which indicates or implies that the purpose of such person's solicitation is
other than to obtain orders for or to make sales of goods or services.
(d) No person who engages in solicitation shall misrepresent the right of a buyer to
rescind or cancel a sale under the provisions of applicable law. -
(e) It shall be unlawful for any person to engage in solicitation at any time of day if such
time of day is clearly posted on the no soliciting sign posted pursuant to this
Ordinance.
(f) No solicitor shall solicit by shouting or by using any sound device in connection with
soliciting, including bells or amplifying systems.
(g) No solicitor shall step onto or over the threshold of a doorway of a residence, unless
invited to do so by the occupant or place hands, legs or any portion of the solicitor's
body in the doorway so that it reasonably appears that the door may not be closed, _
unless allowed to do so by the occupant.
(h) It shall be unlawful to make false statements or misrepresentations about the purpose
of the solicitation.
9.90.030 Provisions nonexclusive. Nothing in this chapter shall be construed as to replace or
eliminate any of the provisions or requirements of Title 5 of the Huntington Beach Municipal
Code requiring business licenses.
03ord/mc9-90ord 2
Ord. No. 3623
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of December , 2003.
Mayor
ATTEST: APPROVED AS TO FORM:
699AL44'e—
City Clerk Cit Attorney ,
INITIATED AND APPROVED:
REVIEWED AND APPROVED:
a� C�. Chief of Police
City imstrator
03ord/mc9-90ord 3
Ord. No. 3623
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a regular meeting thereof held on the 17th day of November, 2003, and was again read
to said City Council at a regular meeting thereof held on the 1st day of December,
2003, and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on 1 Ith
December,2003.
In accordance with the City Charter of said City --�
Connie Brockway, City Clerk City Clerk and ex-officio erk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California