Item No. 10
Town of Atherton
4925-7248-6331.1 014537.007
CITY COUNCIL STAFF REPORT – PUBLIC HEARING
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: STEVEN D. MCCULLEY, CHIEF OF POLICE
DATE: September 16, 2026
SUBJECT: WAIVE THE FIRST READING AND INTRODUCE BY TITLE
ONLY AN ORDINANCE OF THE TOWN OF ATHERTON
AMENDING CHAPTER 5.20 OF THE ATHERTON MUNICIPAL
CODE RELATING TO SOLICITING AND CANVASSING
AUTHORIZING THE CHIEF OF POLICE TO CREATE AND
MAINTAIN A “DO NOT SOLICIT” LIST
RECOMMENDATION
Waive the first reading and introduce by title only an ordinance to amend Chapter 5.20 of the Atherton Municipal Code, relating to soliciting and canvassing, authorizing the Chief of Police to create and maintain a “Do Not Solicit” list.
BACKGROUND
Chapter 5.20 of the Atherton Municipal Code regulates solicitation within the Town. Under Section 5.20.010, any person wishing to solicit or canvass at a private residence must first apply for and receive a permit from the Chief of Police. The Town's broad police powers, as established in the California Constitution, allow the Town to enact regulations to protect the public health, safety and welfare. To that end, the regulations set forth in Chapter 5.20 are intended to prevent the risk of unfair sales and business practices, scams, and unwanted disruptions.
The ordinance establishes a detailed permit process, including:
• Written application requirements (AMC 5.20.020), including identity, employer information, purpose of solicitation, and fingerprints. • Mandatory background investigation by the Chief of Police (AMC 5.20.030). • Issuance of a permit unless disqualifying criminal history or prior violations exist. • Appeal rights to the City Council (AMC 5.20.040).
Authorization for the Chief of Police to create and maintain a “do not solicit” list 07-15-2026
4925-7248-6331.1 014537.007
• Permit term, revocation standards, and display requirements (AMC 5.20.050–060).
While the existing ordinance clearly regulates solicitor conduct and establishes the Chief’s authority to issue, deny, and revoke permits, it does not explicitly address resident preferences regarding solicitation. Many Atherton residents prefer not to receive uninvited contact at their homes, and the Police Department frequently receives requests for a centralized opt-out mechanism.
ANALYSIS
The creation of a Do Not Solicit List is consistent with the Town’s regulatory authority under Chapter 5.20 and supports the ordinance’s purpose of protecting public health, safety, and welfare.
Legal and Administrative Basis
• Chapter 5.20 already authorizes the Chief of Police to regulate solicitation activity, including setting conditions of operation for permitted solicitors. • A Do Not Solicit List is an administrative tool that supplements existing enforcement and provides clarity to both residents and permitted solicitors. • The list does not restrict lawful solicitation; it simply identifies addresses where solicitation is prohibited based on resident request and is narrowly crafted to achieve its purpose. • Solicitors who receive a permit can be required—as a condition of that permit—to avoid addresses listed on the Do Not Solicit registry but must renew that request each year.
Operational Implementation
If authorized, the Police Department will:
• Maintain a secure list of addresses whose residents request “Do Not Solicit” status. • Provide the list to all permitted solicitors at the time of permit issuance. • Update the list as residents request additions or removals. • Enforce violations as breaches of permit conditions under AMC 5.20.050 and 5.20.060.
Residents may request to be added to the list by contacting the Police Dispatch Center at 650-688-6500.
POLICY CONSIDERATIONS
The proposed authorization:
• Enhances resident privacy and aligns with community expectations. • Provides clarity and consistency for permitted solicitors.
Authorization for the Chief of Police to create and maintain a “do not solicit” list 07-15-2026
4925-7248-6331.1 014537.007
• Does not modify the underlying ordinance or require meet-and-confer. • Supports enforcement of existing solicitation regulations.
FISCAL IMPACT
Minimal. Administration of the list will be handled by existing Police Department staff using current resources.
GOAL ALIGNMENT
Goal E – Strengthen Community Engagement and Transparency Goal F – Be a Forward-Thinking, Well-Managed, Well-Planned Town
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item listed, at least 72 hours before the meeting, both in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders, including but not limited to media outlets, school districts, Menlo Park Fire District, service providers (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item ____ has or __X___ has not been before a Town Committee or Commission. ____ Audit/Finance Committee (meets every other month)
____ Bicycle/Pedestrian Committee (meets as needed)
____ Civic Center Advisory Committee (meets as needed)
____ Environmental Programs Committee (meets every other month) ____ Park and Recreation Committee (meets each month)
____ Planning Commission (meets each month)
____ Rail Committee (meets every other month)
____ Transportation Committee (meets every other month) ____ Tree Committee (meets each month)
ATTACHMENTS
1. Ordinance of the Town of Atherton amending Chapter 5.20 of the Atherton Municipal Code relating to soliciting and canvassing, authorizing the Chief of police to create and maintain a “do not solicit” list.