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HomeMy WebLinkAbout2191 ORDINANCE NO. 2191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 6611 THROUGH SECTION 6614.4, DIVISIONS] THROUGH 5, CHAPTER 6, PART I, ARTICLE VI OF THE ARCADIA MUNICIPAL CODE REGARDING DOOR-TO-DOOR PEDDLING, SOLICITING AND CANV ASS]NG WHEREAS, the City of Arcadia, consistent with First Amendment principles, wishes to fashion a regulation of door-to-door peddling and soliciting in order to protect residents frorn fraud and crime and to preserve residents' privacy in their homes; and WHEREAS, unregulated door-to-door peddling and soliciting constitutes a serious concern for many modem municipalities, including the City of Arcadia; and 'vVHEREAS, the goal of protecting residents from fraud and crime and thereby promoting the safety and privacy of residences within the City is a legitimate, urgent, and substantial governmental objective; and WHEREAS, the City has a legitimate interest in preventing ll-audulent or criminal activities which may result from unregulated peddling and soliciting; and WHEREAS, the City has a legitirnate interest in protecting individuals' privacy by preventing peddling, soliciting and canvassing which they do not desire forced upon them; and 2191 WHEREAS, the City has a legitimate interest in protecting individuals' safety and privacy by reasonably limiting the hours of soliciting, peddling and canvassing in a content neutral manner; and WHEREAS, all of these goals may properly be served by a narrowly tai lored and less restrictive regulation which requires peddlers and solicitors to obtain a permit prior to engaging in any peddling or soliciting within the City, reasonably limits the hours of activities and restricts peddling, soliciting and canvassing of occupants where residents have posted a "No Solicitation", "No Peddling" or "No Canvassing" sign; and WHEREAS, the United States Supreme Court, in Cantwell v. Connecticut (1940) 310 U.S. 296, 306, recognized the right to protect citizens from fraudulent solicitation by requiring a solicitor to establish his identity and purpose before engaging in solicitation of funds; and \VHEREAS, placing the initial burden of obtaining a license will not destroy First Arnendmenl rights; and WHEREAS, the City may properly punish those who call at a location in defiance of the previously expressed will of the occupant. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: 2 2191 SECTION 1. Sections 6611 through 6614.4, Divisions I through 4, Chapter 6, Part I, Article VI of the Arcadia Municipal Code are hereby amended in their entirety to read as follows: DIVISION 1. DEFINITIONS 6611. Definitions. Unless it is apparent from the context that another meanmg is intended, the following words, when used in this Part, shall have the meaning ascribed to them by the following subsections. 6611.1 Peddling. The word "peddling," as used in this chapter includes the acts of any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions offering and exposing the same for present sale, or making sales and delivering articles to purchasers or offering services to be performed immediately. 6611.2 Soliciting. As used in this chapter, "soliciting" includes the act of any person, whether a resident of the city or not, traveling either by foot, wagon, automotive vehicle, or , ~ 2191 any other type of conveyance, from place to place, from house to house, or from street to street, requesting money or personal property, or taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be performed in the future, whether or not such person has, carries, or exposes for sale a sample of the subject of such sale, or whether such person is collecting advance payment on such sale or not. 6611.3 Canvassing. As used in this chapter, "canvassing" includes the act of any person, whether a resident of the city or not, traveling either by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, advocating or proselytizing on behalf of a religious, charitable, social or political cause. 6611.4 Person. Person shall mean any individual, group, firm, partnership, corporation, company, association, church, sect, denomination, society, organization or league. 4 2191 DIVISION 2, CITY MANAGER'S DUTIES 6612. Duties. It shall be the duty of the City Manager or designee to investigate each application for a permit as hereinafter provided by the provisions of this Chapter. He or she shall maintain each application on file, together with his or her decision thereon, all of which shall be subject to public inspection at any reasonable time. 6612.1 Powers. The City Manager or designee shall have the power to issue and deny permits as hereinafter provided; to summon witnesses; to demand production of documents and things; to take testimony and to direct investigations as hereinafter provided; and to do and to perfom1 all other acts that may be necessary or proper within the scope of his or her duties and functions. DIVISION 3 REGULA TION OF SOLICITING AND PEDDLING 6613. Permit--Required. No person shall exercise, practice or engage In any activity as described in Sections 6611.1 or 6611.2 unless such person obtains a permit, as provided in this chapter, and pays the application and permit fees required by this chapter. 5 2191 6613.1 Permi t -- A P P lie a tio n --Co n ten ts. Each and every person desiring to practice, exercIse or engage 111 any of the activities described in Sections 6611.1 or 6611.2 shall personally appear before the City Manager or designee and file with him or her a written, signed and acknowledged application, showing: A. The true and fictitious names, aliases and residences of the applicant if an individual; the true and fictitious names, aliases and residences of all members of the applicant if applicant is a firm, association or partnership; the true and fictitious names, aliases and residences of the principal officers of the applicant if the applicant is a corporation; B. The length of service of the applicant with such firm, association, partnership, corporation or organization. C. The place of birth, birth date and social security number of each and every person enumerated in subsection A; D. The city, county and state where the persons, enumerated in subsection A, practiced or conducted any of the activities described in Sections 6611.1 and 661 1.2, or any business or practice kindred thereto within twelve (12) months previous to the date of said application, and the name undcr which the same was conducted; E. The length of rcsidence of thc persons enumcratcd in subscction A within the City, if applicable; F. A statement of the nature and character of applicant's proposed practice or activity; G. Thc nature and character of thc goods, wares, merchandisc or serviccs to be offcrcd by the applicant; H. Whether the persons enumerated in subsection A have ever been convicted of a felony involving murder, manslaughter, fraud, burglary, or any sex crime as defined by California Penal Code 11105.2; if so, applicant shall state the nature of each offense, date of conviction, the sentence received therefore, and the court in which each conviction and sentence was entered; I. Such other reasonable information as to the identity and background of the persons enumerated in subsection A as the chief of police may require, including but not limited to a photograph or photographs of said persons. 6 2191 6613.2. Permit --Applica tio n-- Fee. The fee that may be established by resolution of the City Council shall be paid simultaneously with the filing of each application for a permit required under this chapter, for the purpose of defraying the expenses incidental to processing said application, including the expenses of investigating applicant's character and background. 6613.3 Form of Permit. Pern1its issued under this chapter shall bear the name and address of the person to whom it is issued, the number of the certificate, the date issued, the certificate's expiration date, and the City Manager's or designee's signature. 6613.4 Time of Issuance. The City Manager or designee shall either grant or deny the requested certificate within ten (10) days of the date the application is made. If the City Manager or designee fails to act within the time prescribed, the permit shall be deemed granted. 6613.5. Permi t --G ra n ti ng --Denial. A. After the receipt of a properly completed and filed application, the City Manager or designee shall issue a permit, numbered and in due forn1, allowing the applicant to practice the activities proposed in said application 7 2191 upon payment of the prescribed permit fee, unless the applicant has been convicted of one of the crimes enumerated in Section 6613.1 (H). B. The application may be rejected if the activities sought to be permitted do not comply in every way with the rules, regulations and laws applicable thereto, or if the City Manager or designee determines, after investigation, that the applicant's character or background is unsatisfactory. If the application is rejected, the City Manager or designee will notify the applicant in writing, giving the reason for the same and shall refund all the fee made with the application, save and except for costs incurred by the city in investigating the same. 6613.6. Permit-- Transfer. No permit issued pursuant to this chapter shall be transferable to any person. 6613.7 Term of Permit. Certificates issued hereunder shall be valid for a period of one hundred eighty (180) days unless revoked pursuant to the provisions of this chapter. A new application must be made for each certificate. 6613.8 Permit --Caneella tion. Upon the discovery of any false or misleading statements in the application or any misrepresentation by the applicant in procuring said permit, the City Council may, 8 2191 upon five (5) days' notice to said applicant, cancel and annul said permIt; whereupon the applicant shall be subject to the penalties prescribed in this code from and after the date of the cancellation as though the permit had never been granted. 6613.9 Permit--Revocation, Suspension. A. Any permittee who commits any of the Cflmes specified in Section 6613.I(H) is liable to have his or its permit suspended or revoked by the City Council. The City Council shall also have the right to suspend or revoke such permit whenever it is shown to the satisfaction of the City Council that the activities so licensed are being conducted in a manner that is detrimental to the public health, morals, peace, welfare or safety of the community. However, no suspension or revocation shall be ordered until the City Council has, upon its own motion, served or caused to be served upon the permittee a written notice specifying the grounds for said proposed suspension or revocation and fixing a time, date and place at which the City Council shall hear and determine the factual basis for the grounds of the proposed suspension and revocation, which time and date shall not be less than three (3) days from the date of the service of the notice, at which time, date and place the pern1ittee shall have the opportunity to be heard and to make his or her defense against any complaints and allegations made as to 9 2191 ORDINANCE NO. 2191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 6611 THROUGH SECTION 6614.4, DIVISIONS] THROUGH 5, CHAPTER 6, PART I, ARTICLE VI OF THE ARCADIA MUNICIPAL CODE REGARDING DOOR-TO-DOOR PEDDLING, SOLICITING AND CANV ASS]NG WHEREAS, the City of Arcadia, consistent with First Amendment principles, wishes to fashion a regulation of door-to-door peddling and soliciting in order to protect residents frorn fraud and crime and to preserve residents' privacy in their homes; and WHEREAS, unregulated door-to-door peddling and soliciting constitutes a serious concern for many modem municipalities, including the City of Arcadia; and 'vVHEREAS, the goal of protecting residents from fraud and crime and thereby promoting the safety and privacy of residences within the City is a legitimate, urgent, and substantial governmental objective; and WHEREAS, the City has a legitimate interest in preventing ll-audulent or criminal activities which may result from unregulated peddling and soliciting; and WHEREAS, the City has a legitirnate interest in protecting individuals' privacy by preventing peddling, soliciting and canvassing which they do not desire forced upon them; and 2191 WHEREAS, the City has a legitimate interest in protecting individuals' safety and privacy by reasonably limiting the hours of soliciting, peddling and canvassing in a content neutral manner; and WHEREAS, all of these goals may properly be served by a narrowly tai lored and less restrictive regulation which requires peddlers and solicitors to obtain a permit prior to engaging in any peddling or soliciting within the City, reasonably limits the hours of activities and restricts peddling, soliciting and canvassing of occupants where residents have posted a "No Solicitation", "No Peddling" or "No Canvassing" sign; and WHEREAS, the United States Supreme Court, in Cantwell v. Connecticut (1940) 310 U.S. 296, 306, recognized the right to protect citizens from fraudulent solicitation by requiring a solicitor to establish his identity and purpose before engaging in solicitation of funds; and \VHEREAS, placing the initial burden of obtaining a license will not destroy First Arnendmenl rights; and WHEREAS, the City may properly punish those who call at a location in defiance of the previously expressed will of the occupant. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: 2 2191 SECTION 1. Sections 6611 through 6614.4, Divisions I through 4, Chapter 6, Part I, Article VI of the Arcadia Municipal Code are hereby amended in their entirety to read as follows: DIVISION 1. DEFINITIONS 6611. Definitions. Unless it is apparent from the context that another meanmg is intended, the following words, when used in this Part, shall have the meaning ascribed to them by the following subsections. 6611.1 Peddling. The word "peddling," as used in this chapter includes the acts of any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions offering and exposing the same for present sale, or making sales and delivering articles to purchasers or offering services to be performed immediately. 6611.2 Soliciting. As used in this chapter, "soliciting" includes the act of any person, whether a resident of the city or not, traveling either by foot, wagon, automotive vehicle, or , ~ 2191 any other type of conveyance, from place to place, from house to house, or from street to street, requesting money or personal property, or taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be performed in the future, whether or not such person has, carries, or exposes for sale a sample of the subject of such sale, or whether such person is collecting advance payment on such sale or not. 6611.3 Canvassing. As used in this chapter, "canvassing" includes the act of any person, whether a resident of the city or not, traveling either by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, advocating or proselytizing on behalf of a religious, charitable, social or political cause. 6611.4 Person. Person shall mean any individual, group, firm, partnership, corporation, company, association, church, sect, denomination, society, organization or league. 4 2191 DIVISION 2, CITY MANAGER'S DUTIES 6612. Duties. It shall be the duty of the City Manager or designee to investigate each application for a permit as hereinafter provided by the provisions of this Chapter. He or she shall maintain each application on file, together with his or her decision thereon, all of which shall be subject to public inspection at any reasonable time. 6612.1 Powers. The City Manager or designee shall have the power to issue and deny permits as hereinafter provided; to summon witnesses; to demand production of documents and things; to take testimony and to direct investigations as hereinafter provided; and to do and to perfom1 all other acts that may be necessary or proper within the scope of his or her duties and functions. DIVISION 3 REGULA TION OF SOLICITING AND PEDDLING 6613. Permit--Required. No person shall exercise, practice or engage In any activity as described in Sections 6611.1 or 6611.2 unless such person obtains a permit, as provided in this chapter, and pays the application and permit fees required by this chapter. 5 2191 6613.1 Permi t -- A P P lie a tio n --Co n ten ts. Each and every person desiring to practice, exercIse or engage 111 any of the activities described in Sections 6611.1 or 6611.2 shall personally appear before the City Manager or designee and file with him or her a written, signed and acknowledged application, showing: A. The true and fictitious names, aliases and residences of the applicant if an individual; the true and fictitious names, aliases and residences of all members of the applicant if applicant is a firm, association or partnership; the true and fictitious names, aliases and residences of the principal officers of the applicant if the applicant is a corporation; B. The length of service of the applicant with such firm, association, partnership, corporation or organization. C. The place of birth, birth date and social security number of each and every person enumerated in subsection A; D. The city, county and state where the persons, enumerated in subsection A, practiced or conducted any of the activities described in Sections 6611.1 and 661 1.2, or any business or practice kindred thereto within twelve (12) months previous to the date of said application, and the name undcr which the same was conducted; E. The length of rcsidence of thc persons enumcratcd in subscction A within the City, if applicable; F. A statement of the nature and character of applicant's proposed practice or activity; G. Thc nature and character of thc goods, wares, merchandisc or serviccs to be offcrcd by the applicant; H. Whether the persons enumerated in subsection A have ever been convicted of a felony involving murder, manslaughter, fraud, burglary, or any sex crime as defined by California Penal Code 11105.2; if so, applicant shall state the nature of each offense, date of conviction, the sentence received therefore, and the court in which each conviction and sentence was entered; I. Such other reasonable information as to the identity and background of the persons enumerated in subsection A as the chief of police may require, including but not limited to a photograph or photographs of said persons. 6 2191 upon payment of the prescribed permit fee, unless the applicant has been convicted of one of the crimes enumerated in Section 6613.1 (H). B. The application may be rejected if the activities sought to be permitted do not comply in every way with the rules, regulations and laws applicable thereto, or if the City Manager or designee determines, after investigation, that the applicant's character or background is unsatisfactory. If the application is rejected, the City Manager or designee will notify the applicant in writing, giving the reason for the same and shall refund all the fee made with the application, save and except for costs incurred by the city in investigating the same. 6613.6. Permit-- Transfer. No permit issued pursuant to this chapter shall be transferable to any person. 6613.7 Term of Permit. Certificates issued hereunder shall be valid for a period of one hundred eighty (180) days unless revoked pursuant to the provisions of this chapter. A new application must be made for each certificate. 6613.8 Permit --Caneella tion. Upon the discovery of any false or misleading statements in the application or any misrepresentation by the applicant in procuring said permit, the City Council may, 8 2191 his or her activities pursuant to this chapter; and provided, further, however, that when such permit is suspended or revoked, the City Council shall notify the permittee in writing and give the reason for such suspension and revocation. Such written notice shall be served in accordance with the provisions of Code of Civil Procedure Section 1094.6. B. When a permit has been revoked, no other pem1it shall be issued under the provisions of this chapter to the same permittee within one calendar year of the date of revocation. 6613.10 Compliance Required. No person shall commence, engage in, carryon, exercise, practice or advertise that he will engage in, carryon, exercise or practice any activity, as described in Sections 6611.1 or 6611.2, without first having procured a permit as required by the permit provision of this chapter, or without complying with any and all regulations of such activity contained in this or any other provisions of this code, or any city ordinance. Engaging in or practicing any activity described in Sections 6611.1 or 6611.2 without first having procured such a permit when required to do so, or without complying with any and all regulations of such activity contained in this chapter, this code, or the city's ordinances, constitutes a nuisance and a separate violation of this chapter for each and every day that such activity is so advertised, engaged in or carried on. 10 2191 his or her activities pursuant to this chapter; and provided, further, however, that when such permit is suspended or revoked, the City Council shall notify the permittee in writing and give the reason for such suspension and revocation. Such written notice shall be served in accordance with the provisions of Code of Civil Procedure Section 1094.6. B. When a permit has been revoked, no other pem1it shall be issued under the provisions of this chapter to the same permittee within one calendar year of the date of revocation. 6613.10 Compliance Required. No person shall commence, engage in, carryon, exercise, practice or advertise that he will engage in, carryon, exercise or practice any activity, as described in Sections 6611.1 or 6611.2, without first having procured a permit as required by the permit provision of this chapter, or without complying with any and all regulations of such activity contained in this or any other provisions of this code, or any city ordinance. Engaging in or practicing any activity described in Sections 6611.1 or 6611.2 without first having procured such a permit when required to do so, or without complying with any and all regulations of such activity contained in this chapter, this code, or the city's ordinances, constitutes a nuisance and a separate violation of this chapter for each and every day that such activity is so advertised, engaged in or carried on. 10 2191 6613.11 Appeals to City Couneil. Any applicant for a permit may appeal the City Manager's or designee's refusal thereof to the City Council by filing with the City Clerk a written statement of such appeal. Such appeal must be filed within twenty (20) days after the City Manager's or designee's denial of the permit and the City Council shall hear the appeal at its next regular meeting that is at least fifteen (15) days after any such appeal is filed. At the time of the hearing of the appeal, the City Council shall hear all relevant evidence pertaining to the specific issues raised by the appeal and shall determine whether the permit shall be denied and shall render a written decision within three (3) days of said hearing. Such written decision shall be served in accordance with the provisions of Code of Civil Procedure Section 1094.6. The City Manager or designee shall have the burden of proof on any appeal. The decision of the City Council may be final upon all parties concerned. 6613.12 Permit--Exemptions. The provisions of Sections 6613 through 6613.10 shall not apply to any person having an established route in the city, to solicitation at wholesale on business premises within the city, or to charitable or religious solicitations that are conducted solely by members of said charity or religion, at regular assemblies, meetings, services or otherwise. 11 2191 6613.13 Peddler and Solicitor- Permit and Badge to be Carried on Person. Each applicant for a permit must at all times keep on his person the permit issued by the City Manager or designee. No person shall fail to wear a badge (as described herein) on his/her chest over the heart that indicates the nllmber of the solicitation pern1it, its expiration date and the name of the permit holder; all badges to be white with black lettering that is legible at a distance of five feet (5') and to contain a photograph of the individual wearing each badge that has been taken within the previous six (6) months of the date of solicitation. 6613.14 Prohibited Acts While Solieiting, Peddling or Canvassing. For the purposes of Section 6613.14, the perforn1ance of one solicitation of any person by one individual contrary to any subsection of this section shall constitute a separate violation. (a) No person shall represent in any manner that the City, its departments or officers have endorsed the permit holder or the products, services or causes on behalf of which individuals are being solicited, peddled or canvassed. (b) No person shall affix any object to, or place any object on, the body of any person to whom any solicitation, peddling or canvassing is directed without that , person s express consent. (c) No person shall touch, brush up against, or otherwise voluntarily come into physical contact with any person without that person's express consent. 12 2191 (d) No person shall willfully obstruct the movement of any person on any street, sidewalk or other public place. (e) No person shall solicit, peddle or canvass any person that has objected, by words or conduct, to such soliciting, canvassing or peddling. (f) No person shall represent in any manner that the soliciting or peddling is conducted for anyone other than the permit holder. (g) No person shall refuse to identify the permit holder on whose behalf tIle soliciting or peddling is being conducted when requested to do so by any person contacted by the solicitor or peddler, or fail to truthfully state the uses any solicited items will be put to, when requested to do so by any person being solicited. (h) No person shall threaten any injury or damage to any person who declines to be subject to any soliciting, peddling or canvassing or who declines to make a purchase, donation or contribution. (i) No person shall accept food stamps as a contribution. (j) No person shall misrepresent one's physical or mental health while soliciting, peddling, or canvassing. 6613.15 Sign posting. A. No peddler shall ring the bell of, or knock on the door of, or attempt to gain admittance to any residence, dwelling, or apartment whereon a sign bearing the words "No Peddlers" is painted, affixed or exposed to public view. 13 2191 B. No solicitor shall ring the bell of, or knock on the door of, or attempt to gain admittance to any residence, dwelling, flat or apartment whereon a sign bearing the words "No Solicitors" is painted, affixed or exposed to public vIew. C. No canvasser shall ring the bell of, or knock on the door of, or attempt to gain admittance to any residence, dwelling, flat or apartment whereon a sign bearing the words "No Canvassers" is painted, affixed or exposed to public vIew. D. No peddler or solicitor shall ring the bell of, or knock on the door of, or attempt to gain admittance to any residence, dwelling, flat or apartment whereon a sign bearing the words "No Peddlers or Solicitors" or words of similar import indicating that peddlers or solicitors are not wanted on said premises is painted, affixed or exposed to public view. E. This section shall not apply to any peddler, solicitor or canvasser who rings the bell of, or knocks on the door of any residence, dwelling, flat or apartment at the invitation of or with the consent of some adult member of the household of any such residence, dwelling, flat or apartment. 6613.16 Hours. No person shall practice or engage m peddling, soliciting or canvassmg, as described in Sections 6611.1, 6611.2 and 66] 1.3, whether for profit or for a non- 14 2191 profit purpose, by traveling from place to place, or from street to street, between the hours of dusk and eight a.m. of any day. 6613.17 Distribution of Handbills- Excluded. Nothing in this chapter shall prohibit persons from distributing handbills door-to- door within the City without a permit. Distribution of handbills is subject to the requirements of Section 6421, Division I, Chapter 4, Part 2, Article VI, of the Arcadia Municipal Code. 6613.18 Charitable, Religious and Political Canvassing Excluded. Nothing in this chapter shall prohibit persons from canvassing door-to-door within the City without a permit, subject to the regulations set forth in this chapter. Additionally, solicitation of donations made incidental to such canvassing is excluded from the permit requirements of this section, but not the provisions of Section 6613.14. 6613.19 Use of sound-making, sound-amplifying deviees. No person shall peddle, solicit or canvass by driving, operating, propelling, stopping or parking. any wagon, cart, automotive vehicle or any other type of conveyance with a sound-making device, sound- amplifying device, or loudspeaker thereof in use or operation or by making any outcry, blowing a horn, ringing a bell or using any sound device or musical instrument upon any of the streets, alleys, parks or other public places of the city: 15 2191 A. Whenever any such sound can be heard for a distance greater than three hundred feet; B. When passing a hospital at any time or a place of worship during the hour services are being held therein; C. Within five hundred feet of the nearest property line of any property on which a school building is located during the hours school is in session; D. Between the hours of dusk and eight a.m. of any day. Notwithstanding the provisions of this section, all persons who are permitted by the city to sell goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, candy, ice cream, popcorn, peanuts, or any other edibles from a wagon, cart, automotive vehicle or any other type of conveyance, and whose conveyances are equipped with sound apparatus emitting sounds and amplifying sounds, including but not limited to music, shall not operate or use said apparatus unless such sounds, including but not limited to music, emitted therefrom do not exceed ninety decibels measured at a distance of ten feet from the speaker of said apparatus. 16 2191 DIVISION 4 GENERAL REGULATION 6614 Permit Holder's Books and Records. Every person who engages in soliciting or peddling as permitted, shall maintain a system of accounting whereby all monies collected by such person are entered upon the books or records of such person. 6614.1 Investigation of Solicitors and Peddlers. The City Manager or designee is authorized to investigate the affairs of any person engaged in soliciting or peddling under a permit or certificate issued under the provisions of this chapter. 6614.2 Misrepresentation Prohibited No person shall, directly or indirectly, solicit, peddle or canvass for any purpose by misrepresentation of his name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any misstatement, deception or fraud in connection with any soliciting, peddling or canvassing for any purpose in the City. 6614.3 False Applieation. No person shall file or cause to be filed an application for a permit containing false or fraudulent statements. 17 2191 6614.4 Separate Violations. Each separate act of soliciting or peddling for any purpose without a permit shall constitute a nuisance and a separate offense for each day such act is committed. SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after it adoption. This Ordinance shall take effect on the thirty- first (3151) days after its adoption. Passed, approved and adopted this 20th day of July, 2004. ATTEST: ~, INs ity Clerk -----.., APPROVED AS TO FORM: ~r~ City Attorney 18 2191 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2191 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said COLlncil held on the 20th day of July, 2004 and that said Ordinance was adopted by the following vote, to wit: A YES: Councilmember Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None ~c(~~ City Clerk of thc City of Arcadia 19 2191