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HomeMy WebLinkAbout433 0 • ORDINANCE NO. 433 ORDINANCE OF THE COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 5 "PUBLIC WELFARE, MORALS AND CONDUCT" OF THE LOS ALTOS MUNICIPAL CODE BY AMENDING CHAPTER 5 PERTAINING TO SOLICITING AND PEDDLING WHEREAS, in January 2004 police in the nearby municipalities of Menlo Park, Los Altos and Palo Alto arrested peddlers and solicitors on charges of sexual assault, battery,making criminal threats, and burglary; and WHEREAS, adopting laws which protect the safety and security of Town residents while in their residences is of great importance to the Council and is within the police power of the Council; and WHEREAS, the Council has determined that the Town's existing ordinance regulating peddling and soliciting, should be amended to reflect the United States Supreme Court's most recent opinions on the constitutionality of laws regulating peddlers and solicitors as well as applicable state laws and regulations; and NOW THEREFORE, the City Council of the Town of Los Altos Hills does ordain as follows: SECTION 1. Chapter 5 of Title 5 of the Los Altos Hills Municipal Code is hereby deleted in its entirety and replaced as follows: 5-5.01.Definitions For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: (a) "Peddler" shall mean any person who goes from house to house, or from place to place, in the Town (i) selling or taking orders for the immediate delivery of, or (ii) offering for sale or taking orders for immediate delivery of, any goods, wares, merchandise, services or anything of value in the possession of the peddler. (b) "Solicitor" shall mean any person who goes from house to house, or from place to place, in the Town (i) selling or taking orders for the future delivery of, or(ii) offering to sell or take orders for the future delivery of, goods, wares, merchandise, services or other things of value. o 0 5-5.02.License Required It shall be unlawful for any person to engage in business as a peddler or solicitor within the Town unless such person has obtained a permit to do so. Such permit shall be carried by a person engaging in business as a peddler or solicitor at all times. 5-5.03.Application Any person desiring to conduct any of the activities set forth in Section 5-5.01 of this chapter shall file with the City Clerk a verified application on a form furnished by the Town, setting forth the following information: (a) The name of the applicant. (b) The legal and local (if any) address of the applicant. (c) A brief description of the nature of the business, and the goods, wares, merchandise and services to be sold or furnished. (d) If employed, the name and address of the employer, together with evidence establishing the exact relationship. (e) The length of time the applicant wishes to do business within the Town (up to thirty(30) days). (f) If a vehicle is to be used, a description of the same, together with license number or other means of identification. (g) A statement as to whether or not the applicant has been convicted of a crime, felony or misdemeanor, the nature and date of the offense and the punishment or penalty assessed therefore. 5-5.04.Investigation The original copy of the application shall be promptly referred to the City Manager, or his or her designee, who shall promptly make an investigation of the applicant's character and business responsibility. The City Manager, or his or her designee, shall deny a permit if the applicant has been convicted of a felony or other offense involving fraud, misrepresentation, theft, battery, or assault or if the applicant or his or her employer is not authorized to conduct business in the State of California. Upon a determination by the City Manager or his or her designee to deny the application, the City Clerk shall notify the applicant that his or her application is disapproved and that no license will be issued. If the City Manager, or his or her designee, finds that the applicant's character and business responsibility are satisfactory and that none of the grounds set forth above for denial exist, the City Manager, or his or her designee, shall approve the application and return it to the finance officer, who shall promptly issue the license and identification card. 2 o 5-5.05 Appeals Any person who has been denied the permit required by this chapter may appeal to the Council by filing a written notice of appeal to the City Clerk within five (5) days after receiving notice of the rejection. The matter shall be heard at the next regular meeting of the Council at which time the Council shall hear and receive evidence, written and oral upon all matters involved. The decision of the Council shall be final upon all parties concerned. 5-5.06 Hours of Soliciting and Peddling A permit issued for peddling and soliciting under the provisions of this chapter shall be valid only between the hours of 8 a.m. and 5:30 p.m. Monday through Saturday. 5-5.07 Posted Premises No person shall solicit or attempt to solicit at any residential premises where the occupant has posted a sign clearly and obviously visible from an access way used by the solicitor which states in letters at least three-fourths of an inch in height on a contrasting background, "No Soliciting," "Soliciting Prohibited," "No Soliciting Allowed" or "No Solicitors Allowed." Nor shall any person peddle or attempt to peddle at such premises where the occupant has posted in such a manner a sign which states in substance the same prohibition with reference to peddlers. 5-5.08 Permit Display The permit issued under the provisions of this chapter shall be worn in a prominent place on the outer clothing, clearly legible to all persons with whom the permittee is soliciting or peddling. 5-5.09 Revocation Permits issued under the provisions of this chapter may be suspended or revoked by the City Manager, or his or her designee, for any of the following reasons: (a) Misrepresentation or false statements contained in the application for the permit. (b) Misrepresentation or false statement made in the course of carrying on the business of peddling or soliciting. (c) Conviction of any crime or misdemeanor involving moral turpitude. (d) Conducting the business of peddling or soliciting in an unlawful manner, or in such a manner as to constitute a breach of the peace and to constitute a menace to the health, safety and morals or general welfare of the public. (e) Any violation of this chapter. 3 0 • 5-5.10 Revocation; Appeal Upon revocation of any permit issued under the provisions of this chapter, the City Manager shall make the findings and reasons for revocation and transmit them to the City Clerk who shall notify the permittee. The permittee whose permit has been revoked may appeal to the Council by filing a written notice of appeal to the City Clerk within five (5) days after the notification of the revocation. 5-5.11 Term Each permit issued under the provisions of this chapter shall be valid for thirty (30) days unless otherwise revoked as provided in this chapter. SECTION TWO: This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: February 19, 2004 PASSED: March 4, 2004 AYES: Mayor Emily Cheng, Mayor Pro Tem Mike O'Malley, Councilmember Bob Fenwick, Councilmember Breene Kerr and Councilmember Dean Warshawsky NOES: None ABSENT: None ABSTENTIONS: None ATTEST: _ City Clerk Mayor �j APPROVE S,TO FORM: ROVED: City AttorAje City Manager 680246-4 4