L. A. City Solicitation Ordinance

 EC. 41.43.1. DOOR TO DOOR SELLING OR SOLICITING.

(Amended by Ord. No. 181,642, Eff. 5/31/11.)

No person shall solicit, sell or offer to sell, demonstrate or take orders for the sale of goods, wares or any form of merchandise, by entering upon the premises of another for such purpose except in compliance with the provisions of this Section.

(a) "Solicitation". As used in this Section, shall mean to sell or offer to sell, demonstrate or take orders for the sale of goods, wares or any form of merchandise or services.

(b) No person shall enter upon the premises of another for the purpose of solicitation between the hours of 8:00 p.m. and 8:00 a.m. of the following day.

(c) Any person over the age of 16 who engages in door-to-door solicitations shall carry a form of photo identification and must present such photo identification upon request of any person being solicited, any peace officer or other person charged with enforcement of the laws pertaining to such solicitations. The photo identification must include the person's date of birth and be issued by a governmental agency or educational institution. Acceptable identification includes a state driver's license, state identification card, school identification card, or any government issued identification card.

(d) Any person engaged in door-to-door solicitations shall present the original or a copy of the Business Tax Registration Certificate required under Los Angeles Municipal Code Section 21.06 upon request of any person being solicited, any peace officer, or other person charged with enforcement of the laws pertaining to such solicitations.

(e) The provisions of this Section shall not apply to vendors or solicitors who have previously been invited or requested to appear at such premises by the owner or lawful occupant thereof, or to persons making charitable solicitations in accordance with Article 4 of Chapter IV of the Los Angeles Municipal Code.

SEC. 41.59. PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION.

(Amended by Ord. No. 173,705, Eff. 1/27/01)

(a) Definitions. For purposes of this section:

(1) "Solicit, ask or beg" shall include using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

(2) "Public place" shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway,

entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.

(b) Aggressive Solicitation prohibited.

(1) No person shall solicit, ask or beg in an aggressive manner in any public place.

(2) "Aggressive manner" shall mean any of the following:

(A) Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to

(i) fear bodily harm to oneself or to another, damage to or loss of property, or

(ii) otherwise be intimidated into giving money or other thing of value;

(B) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging;

(C) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

(D) Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;

(E) Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

(F) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.

(c) All solicitation prohibited at specified locations.

(1) Banks and ATMs. No person shall solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within 15 feet of any automated teller machine during the time it is available for customers’ use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.

(A) Definitions. For purposes of this section:

(i) "Bank" means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.

(ii) "Savings and loan association" means any federal savings and loan association and any "insured institution" as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.

(iii) "Credit union" means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.

(iv) "Check cashing business" means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with section 12000.

(v) "Automated teller machine" shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.

(vi) "Automated teller machine facility" shall mean the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

(B) Exemptions. The provisions of Subdivision (c)(1) shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.

(2) Motor vehicles and parking lots.

(A) Motor vehicles. No person shall approach an operator or occupant of a motor vehicle for the purpose of soliciting, asking or begging while such vehicle is located in any public place.

(B) Parking lots. No person shall solicit, ask or beg in any public parking lot or structure any time after dark. "After dark" means any time from one-half hour after sunset to one-half hour before sunrise.

(C) Exemptions. Subdivision (c)(2) shall not apply to any of the following:

(i) to solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;

(ii) to solicitations related to the lawful towing of a vehicle; or

(iii) to solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.

(3) Public transportation vehicles.

(A) "Public transportation vehicle" shall mean any vehicle, including a trailer bus, designed, used or maintained for carrying 10 or more persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire.

(B) Any person who solicits, asks or begs in any public transportation vehicle is guilty of a violation of this section.

(d) Penalty. A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney’s discretion.

(e) Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.

(f) Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.

SEC. 42.09. SOLICITING PATRONAGE – MANNER OF.

No person shall solicit custom or patronage upon any street or sidewalk in a loud, noisy or boisterous tone of voice or manner, or cry out or lay hands upon the person or baggage of any person without the express consent of such person, or obstruct the movement of any person or follow any person for the purpose of soliciting custom or patronage.

SEC. 42.14. SOLICITING – USE OF CITY NAME.

No person shall use the name of any department or officer of the City in the solicitation of funds for any private business or in the sale or offer for sale of advertising space or matter in any newspaper, magazine, book, periodical, pamphlet or any publication of any kind or character, or state to any other person from whom funds are being so solicited to whom such offer to sell or sale is made or to be made, either orally, in writing, or in printed matter, that such solicitation of such advertising medium bears the endorsement or approval of any department or officer of the City.

SEC. 42.19. MAGAZINE SUBSCRIPTIONS – SALES FOR FUTURE DELIVERY – WHERE SOLICITATION PROHIBITED.

(a) No person shall, on any public street, sidewalk or parkway, in this city, or in any doorway or entrance way immediately abutting thereon, solicit the sale of any subscription to any magazine, periodical or other publication, or the sale of any tangible personal property for delivery at a subsequent time.

The foregoing section at one time had a Subsection (b) which provided that the section should cease to be effective six months after the cessation of hostilities in the war. However, such subsection was repealed and the section is now enforceable as it stands. The cases cited below, although tried before the repeal of Subsection (b), are still applicable to the present ordinance.

The ordinance is not an unlawful interference with interstate commerce and it does not interfere with freedom of speech and the press, although the portion which prohibits solicitation from doorways and entrance ways abutting on the streets may be invalid for the reasons held to invalidate a similar ordinance in McKay Jewelers v. Bowron, 19 Cal. 2nd 595, but that provision is plainly severable so that if one is struck down it does not necessarily drag the other down with it.

People v. Carver, CR A 2119.

CR A 2119.

See also Pittsford v. City of Los Angeles, 50 Cal. App. 2d. 25,32.

In re Mares, 75 A.C.A. 909.

75 A.C.A. 909.

citing: People v. Carver supra, which opinion is adopted by the District Court of Appeals.

See also: Freedom of Speech and Commercial Solicitation, 39 Cal. Law Rev. 655.