Item No. 2
AGENDA REPORT
DATE: November 10, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Servi - /City Clerk 41/5' Trevor Benson, Public Safety Manager
SUBJECT: Second Reading of Ordinance No. 467
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 467, an Ordinance of the City Council of the City of Yucaipa, California, Adding Chapter 9.28 Regarding Peddling and Soliciting in the City of Yucaipa.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Ordinance No. 467
Approved by
ATTACHMENT 1
ORDINANCE NO. 467
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 9.28 REGARDING PEDDLING AND SOLICITING
IN THE CITY OF YUCAIPA
THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Municipal Code Amendment: Chapter 9.28 Added.
Chapter 9.28 is hereby added to the Yucaipa Municipal Code to read as follows:
CHAPTER 9.28
9.28.010 Purpose.
9.28.020 Definitions.
9.28.030 "No Peddling" or "No Soliciting" signs.
9.28.040 Hours for peddling or soliciting.
9.28.050 Violations.
9.28.010 Purpose.
The Yucaipa City Council fmds that persons and organizations have been and are visiting private residential properties in the City of Yucaipa for the purpose of peddling and/or soliciting orders for the sale of goods, wares, merchandise or services, and that many residents find such visits and the tactics used by such visitors to be bothersome and highly intrusive. The Yucaipa City Council further fmds that a variety of misrepresentations and other frauds are at times employed in such activities. The Yucaipa City Council further finds that the public safety, welfare and convenience necessitates the exercise of the police power of the City of Yucaipa through the enactment and enforcement of this Chapter for the purpose of protecting the privacy of residents and preventing aggressive, threatening, abusive and fraudulent practices by persons representing themselves as peddlers and solicitors.
9.28.020 Definitions.
"Peddling" includes the act of any person, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place of residence to place of residence carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden or truck farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers.
"Soliciting" includes the act of any person, traveling either by foot, wagon, automotive vehicle, or any other type of conveyance, from place of residence to place of residence 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 furnished or 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.
"Sunset" means the time of apparent sunset for the City's geographic location on a given date, defined as the moment the upper limb of the sun is 0.833 degrees below the true horizon accounting for standard atmospheric refraction, expressed in local civil time. The City may rely on tables or calculators published by NOAA, the National Weather Service, or a comparable authoritative source, using the coordinates of City Hall unless otherwise specified.
(a) Those persons peddling and/or soliciting on behalf of: (1) any institution or organization recognized by a tax board of the State of California and the Internal Revenue Service of the United States, which institution or organization is conducted wholly for the benefit of charitable, religious, political or nonprofit purposes and from which profit is not derived, either directly or indirectly, by any person, or (2) any governmental agency, shall be exempted from the requirements of this Chapter.
(b) All persons vending food within the City, shall comply with Yucaipa Municipal Code section 5.12 and all applicable subsections.
9.28.030 "No Peddling" or "No Soliciting" signs.
(a) No person who is exercising, practicing or engaging in any activity as described in Section 9.28.020 hereof, shall ring the bell of, or knock on the door of, or attempt to gain admittance to any place of residence, including but not limited to any residence, dwelling, homeowners' association, mobile home park, or apartment complex whereon a sign bearing the words "No Peddling", or similar words, which indicate that peddlers are not wanted on the premises is painted, affixed or exposed to public view.
(b) No person who is exercising, practicing or engaging in any activity as described in Section 9.28.020 hereof, shall ring the bell of, or knock on the door of, or attempt to gain admittance to any place of residence, including but not limited to any residence, dwelling, homeowners' association, mobile home park, or apartment complex whereon a sign bearing the words "No Soliciting" or similar words, which indicate that solicitors are not wanted on the premises is painted, affixed or exposed to public view.
(c) No person who is exercising, practicing or engaging in any activity as described in Section 9.28.020 shall ring the bell of, or knock on the door of, or attempt to gain admittance to any place of residence, including but not limited to any residence, dwelling, homeowners' association, mobile home park, or apartment complex whereon a sign bearing the words "No Peddling or Soliciting" or similar words, which indicate that peddlers or solicitors are not wanted on the premises is painted, affixed or exposed
to public view.
(d) This section shall not apply to any peddler or solicitor who rings the bell of, or knocks on the door of any place of residence, including but not limited to any residence, dwelling, homeowners' association, mobile home park, or apartment complex at the invitation of or with the consent of the owner, occupant, or some adult member of the household of any such place of residence.
9.28.040 Hours for peddling or soliciting.
No person shall practice or engage in peddling or soliciting as described in Section 9.28.020 to any place of residence, including but not limited to any residence, dwelling, homeowners' association, mobile home park, or apartment complex, between the hours of Sunset and 8:00 a.m. (local time) of any day, except upon the express invitation of, or an appointment with, the owner, occupant, or some adult member of the household of any such place of residence.
9.28.050 Violations.
(a) Each and every violation of this Chapter is hereby deemed unlawful and declared a public nuisance
(b) Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code. Additionally, as a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, any permit issued pursuant to this Chapter shall be deemed null and void, disgorgement and payment to the City for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City may also pursue any and all remedies and actions available and applicable under state and local laws for any violations. (c) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail for a period of not more than six (6) months, or by both such fine and imprisonment. The City Attorney, in his or her sound discretion, may prosecute a violation of this Chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under the provisions of this Chapter shall be punished by a fine not exceeding one hundred dollars ($100) for the first violation, a fine not exceeding two hundred dollars ($200) for a second violation within one year, and a fine not exceeding five hundred dollars ($500) for a third violation within one year. A fourth violation of this Chapter within one year shall be charged as a misdemeanor and may not be reduced to an infraction. Each day a violation is committed or permitted to continue shall constitute a separate offense.
(d) The remedies provided herein are cumulative and not exclusive. The City is authorized to pursue any proceedings or remedies provided by law.
Section 2. Effective Date
This ordinance shall become effective on the thirty-first(31St) day following passage by a majority of the City Council.
PASSED, APPROVED and ADOPTED this loth day of November, 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM:
Ana V. Sauseda, MMC Steven Graham Pacifico
Director of General Services/City Clerk City Attorney