HomeMy WebLinkAboutOrdinance 3623 - Relating to Door-to-Door Solicitation - Del 6X_A-i1fi -C- tt-71
Council/Agency Meeting Held: /
Deferred/Continued to: nPTep
X
❑Approved Conditionally Approved ❑ Denied _
ft V ity Clerk's Signature
Council Meeting Date: 11/17/03 Department ID Number: CA 03-16
71
CITY OF HUNTINGTON BEACH o
REQUEST FOR COUNCIL ACTION z _
i o-i-cam
SUBMITTED TO: HONORABLE MAYOR ND CITY COUNCIL MEMBERS
mCD
D� C.
SUBMITTED BY: JENNIFER MCGRAT , ity Attorney
PREPARED BY: JENNIFER MCGRA , ity Attorney c 2'
SUBJECT: Adoption of Ordinance No_3>Ua3 An Ordinance Amending the
Huntington Beach Municipal Code to Add Chapter 9.90 Relating to
Door-to-Door Solicitations
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Should the City repeal HBMC Chapter 9.64 which regulates
registration of canvassers and replace it with a more updated ordinance which conforms to
current state and federal law and is therefore more enforceable.
Funding Source: N/A
Recommended Action: Adopt Ordinance No. �31v 3 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
Solicitations "j A " K-Is, 3N%t\-'q p J�'v Nov a-0(33
Alternative Action(s): Do not adopt Ordinance No.
Analysis: Chapter 9.64 of the HBMC, regulating soliciting, is 25 years old, in most part
pre-dating numerous Federal and State judicial decisions which impacted it and, in the case
of sections 9.64.070 and 9.64.015, evidently having been enacted despite disapproving case
law (see e.g., Van Nuys Publishing Co. v. City of Thousand Oaks (1971) 5 Cal.3d 817;
Gospel Missions of America v. Bennett (CD Cal 1997) 951 F. Supp. 1429; Hillman v. Britton
(51h dist. 1980) 168 Cal. Rptr. 852; Watchtower Bible and Tract Society of New York v.
Village of Stratton (2002) 122 S.Ct. 2080). Some ordinances in other cities that have been
ruled unconstitutional in these cases are virtually identical to portions of Chapter 9.64.
G_1 �D
*QUEST FOR COUNCIL AC#N
MEETING DATE: 11/17/03 DEPARTMENT ID NUMBER: CA 03-16
For a number of years, the Police Department has had a policy of not enforcing the
unconstitutional provisions. After numerous attempts to revise the ordinance as it is now
written, the City Attorney's Office has concluded that repealing the current suspect
ordinance and replacing it with a new way of regulating soliciting would better serve to
withstand a challenge in court. For that reason, it is suggested that the City Council repeal
the current system of registering solicitors, and replace it with an ordinance which makes it
a violation of law to solicit the occupants of residences and business where a sign has
been conspicuously posted that prohibits solicitation. The time place and manner of
solicitation in other places and in certain forms has also been prohibited in this ordinance.
While there are no guarantees in the realm of the 1 st Amendment (constitutionally
guaranteed freedom of expression), research reveals that the ordinance as now rewritten is
constitutionally defensible.
Environmental Status: N/A
Attachment(s):
NumberCity Clerk's
Page •
. Description
0
1 Legislative Draft of HBMC 9.64
2. Or-7-A", No. lo`a 3
RCA Author: SCS
solictors -2- 11/3/03 3:28 PM
ATTACHMENT # 1
ORDINANCE NO. 3
LEGISLATIVE DRAFT
CI..,. ter-9.64
REGISTRATION OF CANVASSFAS
seetionso
9.Ei4.01 0 v�macivzr�
44 ' ,,+;,, c+ +v..,..o�+
6d nnT-v ry Deeeptienss inlawfur
n 6n non c lieking �z�,.;++e „+ rod
U., o 0
"Agent"
�u
r_„]�r..fiptiens e ki fig sales e basis,
,
n n
means any per-sen net having an established plaee of business in the eity whe,
fef
ef as an
> agent of anethef,
> > > ,
> >
ef the sale�7., n n "peddlef
" and rr n
Title
5 of made. n BeaEYi-Y'P unieipa-C dl as .7 .7...
"Established n -
day Te.da�,dtniiigefdiiia fy bttssiiiess heiifs. 1 O 6A 01 C D �eor-vn T T e pfa f geifig in afid iyen�l'�a�e�esidenccs in
vt oz�—r-iz'r'ir� cry —�rvrsmree---�� C-��6� ,7
the
> >
,
makingar-subsefiptien is taken ef the sale, fflade, unless he shall hm,e pfevietisly registered with the
MJ'sales in the J, I" J YYeaf befefe the Chief of Peliee of the J y his
legisdrf/mc0964LD/11/4/03 1
at least the fellowifig infefma4iofii
(a) Name ;n f,11.
(v) Address, vvcil pvlalauile er-,
\V/ ♦,11V LL1V1 of 11VL LL1V 1VgIJLL has been eeavieted of a felony, a v
7
7
7
rvl,'.T;�,,.s a .ten+;,.„ the r n address of stie . r fir,n. r.,+;. l ,har-;+.,b.l
V LV V U Vl�^ Vll L11V 11LLL11V—CLISR-UQQIl � �, 7 ^ 7
r-eli
b
,
(h) in addition to the r-egistfatien statemeRt as herein 7
,)f the filing of the r strati, r..,;+ .,n .,11,.w the Chief of D,.liee ef his ,...+L.,._:..e
VL LL1V lliall�, Vl L11V 1� � ��
misstatements,9.64.040 Deeeptions unlawful. it is unlawful for-any eanvassef te make ef pefpetfate any
,
statement.
(746 MG)
9.64.050 Exeeptions to provisio-2. This ehaptef shall net apply te salesmen or- selieitefs
nthef mayeh.nts .�,1uefi,, ., ra „1 1 0 tablis .1 1 v f b th + C
Luaw vvuu uv ulag u avow �GsICLL�ITJII�G-U'„pICT2GT,j-lTr[il�, ,tTC� �7�ty�
Cede-r-e s lieens (725— ^�n0)
9.64.070 Solieffine Written eon-sent reguiFaq. Ne pefs-en shall seek beg, selieit ,
7 ,
ther-eefi. (22 R� -
9-64.080 Solieitin$'on eity prove Ne pef56n shall seek,beg-visvheit eirsteffl,puirvrluge—,
sales,
in any building, Of in of a u:ly pfopeftT under-the , „+r 1 Af this ;+. , ifieluding the
f the Chip-f f D 1' 422%n Ana)
legisdrf/mc0964LD/11/4/03 2
ATTACHMENT 2
ORDINANCE NO.
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 applicable 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:
03ord/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:
Cau/c ''
City Clerk C4 Attorney �Ja
INITIATED AND APPROVED:
REVIEWED AND APPROVED:
�a r� LA—
Chief of Police
City AASmrstrator
03ordl=9-90ord 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 17 day or 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 I Ith
December,2003.
In accordance with the City Charter of said City
Connie Brockwa,City Clerk City Clerk and ex-officio 6lerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
6 •
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adoption of Ordinance No. An Ordinance Amending
the Huntington Beach Municipal Code to Add Chapter 9.90
Relating to Door-to-Door Solicitations
COUNCIL MEETING DATE: 11/17/03
RCA ATTACHMENTS
TU STA S
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome ) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorne Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
, "E PLANATION F11'OR MISSING ATTACHMENTS
1
REUIEWEp RETURNED ,:FOR DED
Administrative Staff
Assistant City Administrator (initial) ( ) )
City Administrator Initial
City Clerk ( )
EXPLANATION ,FOR RETURN OF ITEM:
(BelowOnly)
RCA Author: