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ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING CHAPTER 5.20 OF THE ATHERTON MUNICIPAL CODE RELATING TO
SOLICITING AND CANVASSING
WHEREAS, the Town has a solicitation and canvassing ordinance that requires a proposed solicitor to obtain a permit before being allowed to solicit or canvass to residents; and, WHEREAS, the Town periodically receives complaints from residents who do not want any solicitation; and
WHEREAS, the Town wishes to amend the municipal code to allow residents to opt out of being solicited; and
WHEREAS, the Town wishes to amend the municipal code to reflect that permits are valid for 30 days.
The City Council of the Town of Atherton does hereby ordain as follows:
SECTION 1: Recitals.
The above recitals are true and correct and incorporated herein fully.
SECTION 2: Amendment. Atherton Municipal Code Chapter 5.20 Canvassing and Solicitation, is hereby amended to read as follows:
Section 5.20.010 Purpose and Permit Required
The City Council finds that door-to-door solicitation, including appointments arranged through cold calling residents of the City, historically have generated complaints regarding the sale of goods, services, securities, investments, and other products. With unfortunate frequency, many solicitation schemes prey upon the elderly and infirm of the community. Without the requirement that such solicitors obtain a permit from the City, residents are exposed to higher risk of unfair sales and business practices by businesses and organizations with no physical presence in the City and therefore less accountability for their business practices. For these reasons, the City Council licensing of such businesses and their solicitor agents is required to protect the public, safety, and welfare. It is unlawful for any person or persons to enter in or upon any private residence, apartment, property or premises in the town for the purpose of soliciting or canvassing the owner or occupants thereof for orders for goods, wares, merchandise or services of any character or description, or for the purpose of offering to give or furnish any goods, wares, merchandise or services to any such owner or occupant in order to induce or invite any such order or orders, or for the purpose of soliciting subscriptions for books, newspapers, periodicals, magazines, or any other thing, or donations of money unless such person or persons shall have first applied for and received from the chief of police of the town a permit so to do.
Section 5.20.015 Definitions
For the purposes of this Chapter, the word “solicitor” includes all employees, agents, solicitors or representatives of any firm, irrespective of the form of organization, subject to the solicitation license requirement of this chapter.
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Section 5.20.050 Permit—Term—Revocation
A. All permits issued under the provisions of this chapter shall be issued for a period of thirty (30) days from the date thereof, and each such permit shall specify upon its face its expiration date.
B. A permit issued pursuant to this chapter may be immediately suspended or revoked during its term if the Police Chief or his/her designee finds in writing that one (1) or more of the following grounds exists:
1. That information in the latest application was untrue;
2. That the Town has acquired information supporting a finding that the applicant/permittee has a criminal conviction or a criminal conviction previously undisclosed; or,
3. That the applicant/permittee has violated one or more conditions imposed.
Section 5.20.060 Permit—Display
All permits issued under the provisions of this chapter shall be issued for a period of thirty (30) days from the date thereof, and each such permit shall specify upon its face its expiration date and any other special conditions as to hours of the day or days of the week during which such solicitation may take place. Any such permit may be revoked by the chief of police on proof that applicant or his employer are not of good character or reputation, or do not possess moral integrity, including proof of violation by the holder thereof of this chapter, or of any other ordinance of the town, or of any state or federal law, or of any false statement or misrepresentation in the application for such permit.
Section 5.20.070 Opt Out
A. Any resident or occupant wishing to opt out of being solicited or canvassed must send a written notice to the Police Chief clearly stating that 1.) they wish to opt out of being solicited or canvassed,
2.) state their address, and 3.) provide their printed name and signature. Upon receipt, the Police Chief will place their name and address on a "Do Not Solicit" list. This opting out will be valid until December 31 of each year and any subsequent opting out will need to be renewed in the same manner as set forth in this section. The resident or occupant must also display a sign refusing solicitors and/or solicitation in one (1") inch or larger letters.
B. Upon receiving a permit to solicit or canvass, the Town will provide the permittee with a copy of the "Do Not Solicit" list. No permittee shall knowingly contact or attempt to make contact with a resident or occupant of a residence on the "Do Not Solicit" list and the solicitor saw or was aware of, or reasonably should have seen or been aware of, any sign refusing solicitors and/or solicitation.
Section 5.20.080 Violations—Misdemeanor
It is unlawful, a public nuisance, and a misdemeanor punishable by not more than six (6) months in jail and/or a One Thousand and no/100ths ($1,000.00) Dollar fine for any person employed or working on behalf of a business engaged in a solicitation business to engage in the solicitation activities as defined herein or violate any section of this code without first having, upon written application, procured a solicitor permit from the Police Chief or his/her designee.
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SECTION 3: Severability. If any section, subsection, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases may be declared invalid or unconstitutional.
SECTION 4: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
Introduced on the ___ day of ___, 2026.
Passed and adopted as ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the ___ day of ___, 2026 by the following vote:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
ABSTAIN COUNCILMEMBERS:
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Elizabeth Lewis, Mayor
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Anthony W. Suber, City Clerk