In the City’s municipal code, section 5.5.302 – 322, are the regulations pertaining to individuals who enter upon private property, particularly private residential property, for the purpose of peddling, soliciting or vending goods, wares, merchandise, food or services.
“Peddler” means and includes any person carrying, conveying or transporting food, goods, wares, merchandise or other personal property of any nature whatsoever, offering or exposing the same for sale or making sales and delivering articles to purchasers. “Peddler” means and includes the words “hawker” and “huckster.”
“Solicitor” means and includes any person taking or attempting to take subscriptions, contracts for sale, or orders for the sale of food, goods, wares, merchandise or other 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 he/she collects advance payments on such sales or not.
“Vendor” means and includes any person selling, or offering and exposing for sale or solicitation of offers to purchase or causing to be sold for cash or consideration or soliciting, exposing, or offering for sale for delivery at a later time any property, foodstuffs or service by any person from public property or the public right-of-way within the City at any location other than a building or structure constructed on a permanent foundation which is rented, leased, or owned by the person selling, offering to sell, or soliciting the sale of the property. “Vendor” includes “street vendors,” “mobile food vendors,” “ice cream vendors,” “itinerant merchants,” and “street merchants,” “Vendor” also means and includes any person traveling by foot or vehicle from street to street, or from place to place for the purpose of vending.
Except for the exceptions listed below, it is unlawful for any person to engage in the business of peddler, solicitor, or vendor, or to go from door to door or home to house or street to street for the purpose, direct or indirect, without first obtaining a City issued permit and paying the applicable fees.
- Retails Sales persons selling at retail locations;
- Persons with a valid City issued permit;
- Public agencies, such as Federal, State or Local agencies supported by tax funds;
- Any person operating a regular route not less than once a week for newspapers or such goods as egg, dairy or bakery products, or for laundry or dry cleaning services;
- Persons delivering or soliciting for a newspaper of general circulation;
- Licensed real estate persons;
- Persons solely distributing literature, writings or merchandise which seek to inform or persuade the listener to support particular causes or particular views on economic, political or social issues;
- Persons solely soliciting signatures for referenda, recall, initiative, candidates for public office or similar electoral processes; and
- Persons soliciting funds for any religious, patriotic, philanthropic, social service, environmental, fraternal, or charitable purposes.
With these few exceptions everyone who knocks on your door must carry a City issued permit and show it when asked. These permits will include a photo of the permittee, are non-transferable and will have an expiration date.
The code specifically states that solicitors, excluding the exceptions, are not allowed on any premise with a clearly posted sign bearing the words “No Solicitors or Peddlers” or any other words stating a similar restriction.
As of Tuesday night’s Council meeting the hours of operation were limited to 10am to 5pm.
If you should have issues with solicitors, peddlers and/or vendors you can call Oakley Code Enforcement during business hours at 625-7000 or Oakley PD at anytime at 625-8060.