TITLE IV—PUBLIC WELFARE, MORALS AND CONDUCT

CHAPTER 2—OTHER VIOLATIONS

ARTICLE 1—OBSTRUCTING TRAFFIC

Sec. 4111 Obstructing Traffic.

The assembling or congregating of persons upon the streets, sidewalks, or public places of the City of Arcata at such times and places, and in such numbers and manner as to obstruct and impede public travel thereon, or to injuriously effect or interfere with the business of any person or persons on such streets, sidewalks, or public places is hereby prohibited; it is hereby made the duty of any police officer, to order all such assemblages or congregations of persons to disperse quietly, and the failure or refusal of any person or persons to promptly obey said order of such police officer is hereby declared a misdemeanor.

ARTICLE 2—FIREARMS

Sec. 4113 Sale to Minors.

Except as otherwise provided in this article, no person shall sell, give, loan, or in any way furnish to any person under the age of 16 years any firearm, air gun, gas-operated gun, sling, sling shot, bow and arrow, or other device designed or intended to discharge, or capable of discharging, any dangerous missile.

Sec. 4115 Possession by Minors.

Except as otherwise provided in this Article, no person under the age of 16 years shall have in his possession, care, custody, or control within the corporate limits of the City of Arcata any firearm, air gun, gas-operated gun, spring gun, sling, sling shot, bow and arrow, or other device designed or intended to discharge, or capable of discharging, any dangerous missile.

Sec. 4116 Exceptions.

Nothing in this Article shall be deemed or construed to prohibit the furnishing or possession of a firearm or a bow and arrow for the purposes of, and while actually engaged in, bona fide organized and supervised youth activity. Nor shall anything in this Article be deemed or construed to prohibit the furnishing to, or the possession by, a holder of a valid hunting license issued to such person in accordance with the provisions of the Fish and Game Code of the State of California a firearm or a bow and arrow while going to or returning from a lawful hunting expedition.

Sec. 4117 Discharge of Weapons.

Except as otherwise noted provided in this Article, or any law, no person shall fire, discharge, shoot, or operate, or assist or participate in the firing, discharging, shooting, or operating of any firearm, air gun, gas-operated gun, spring gun, sling, sling shot, bow and arrow, or other device designed or intended to discharge, or capable of discharging any dangerous missile.

Sec. 4118 Firing Range.

Nothing in Section 4117 of this Article shall be deemed or construed to prohibit the firing or shooting of a firearm or a bow and arrow at a duly established range in conformance with the regulations set forth for that range.

Sec. 4119 Use of Weapon by Peace Officer.

Nothing in this Article shall be deemed or construed to restrict or prohibit the use of any weapon or device by any peace officer in the performance of his duty, nor by any person while lawfully engaged in protecting life or property.

Sec. 4120 Upland Game Hunting.

Nothing in this Article shall be deemed or construed to restrict or prohibit the use of a shotgun while engaged in the lawful pursuit of upland game or migratory water fowl, provided that all applicable Federal and State laws pertaining thereto are complied with, and further provided that it shall be lawful to pursue said game only within the following described areas: Areas zoned agricultural pursuant to the Zoning Map of said City, those parcels used as agricultural lands which exceed five (5) acres; on public facility lands where authorized by the City Manager.

a.    For the purpose of this Section, a shotgun means a weapon designed or redesigned, made or remade, to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore a number of ball shots.

Sec. 4121 Penalty.

Any person convicted of violation of this Article shall be deemed guilty of a misdemeanor and shall be punished as provided in the Arcata Municipal Code.

ARTICLE 3—SPITTING

Sec. 4125 Spitting.

It is hereby declared to be an infraction for any person to discharge any spittle or other salival matter, or to spit or expectorate, upon any sidewalks, crosswalk, or upon any part of the Plaza or walks therein, in the City of Arcata.

ARTICLE 4—CURFEW

(Amd. Ord. 1280, eff. 5/01/1998)

Sec. 4130 Definitions.

Unless the context requires otherwise, the definitions in this section govern the construction of this ordinance. The definition of a word applies to any of the word’s variants.

"Curfew hours" means the period from 11:00 p.m. any evening of the week, until 5:00 a.m. the following day.

"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Guardian" means (1) a person who, under court order, is the guardian of a person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.

"Minor" means any person who has not attained his or her eighteenth (18th) birthday.

"Parent" means a person who is a natural parent, adoptive parent, or stepparent of another person.

"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

"Responsible adult" means a person at least eighteen (18) years of age, authorized by a parent or guardian to have the care and custody of a minor.

"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

Sec. 4131 Curfew Restrictions.

A.    It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Arcata during curfew hours.

B.    It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control, to allow the minor to be present in any public place or on the premises of any establishment within the City during curfew hours.

C.    It is a defense to prosecution under this ordinance that the minor was:

(1)    accompanied by the minor’s parent or guardian, or by a responsible adult;

(2)    on an errand at the direction of the minor’s parent or guardian, or the responsible adult, without any detour or stop;

(3)    in a motor vehicle involved in interstate travel;

(4)    engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5)    involved in an emergency;

(6)    on the sidewalk abutting the minor’s residence;

(7)    returning home from within one-half (1/2) hour of the termination of a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event;

(8)    exercising First Amendment rights protected by the United States Constitution; or

(9)    emancipated pursuant to law.

D.    Before taking any enforcement action under this Section, a police officer shall ask the apparent offender’s age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under Section 4131 is present or applicable.

E.    Each violation of this section shall constitute a separate offense.

Sec. 4132 Penalty.

A.    Any minor violating the provisions of this ordinance shall be guilty of a misdemeanor.

B.    Any parent, guardian or responsible adult who willfully or negligently permits or allows a minor to violate the provisions of this ordinance shall be guilty of an infraction.

ARTICLE 5—BINGO

Sec. 4140 Bingo permitted.

To the extent allowed by law, bingo games for charity shall be lawful in the City.

Sec. 4141 Bingo defined.

As used in this Article, "BINGO" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card, which conforms to numbers or symbols, selected at random.

Sec. 4142 Organizations permitted to conduct Bingo games. (Ord. No. 913, eff. 1/19/1979)

No person, organization or other legal entity shall be permitted to conduct Bingo games in the City of Arcata unless such persons, organizations or other legal entities are exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701h of the Revenue and Taxation Code and by mobile home park associations and senior citizen organizations, and provided that the proceeds of such games are used only for charitable purposes, and possess a valid permit issued pursuant to the provisions of this article.

Sec. 4143 Minors.

No minors shall be allowed to participate in any Bingo game.

Sec. 4144 Open to the public.

All Bingo games shall be open to the public, not just to the members of the nonprofit charitable organization.

Sec. 4145 Staffing and operation.

A Bingo game shall be operated and staffed only by members of the nonprofit charitable organization, which organized it. Only an organization authorized to conduct a Bingo game by permit issued pursuant to this Article shall operate such game, or engage in the promotion, supervision, or any other phase of such game.

Sec. 4146 No profit, wage or salary. (Ord. 913, eff. 1/19/1979)

No person or agent of such person shall receive a profit, wage, salary, or other income from any Bingo game authorized by this Article, except as a bona fide prize received as a participant in such Bingo game. It shall likewise be unlawful for any person to pay a profit, wage, salary or other income from any Bingo game authorized by this article, except as a bona fide prize to be received by a participant in such Bingo game.

Sec. 4147 Where Bingo may be conducted. (Ord. 913, eff. 1/19/1979)

An organization authorized to conduct Bingo games pursuant to Section 4142 shall conduct a Bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

Sec. 4148 Bingo equipment.

All equipment used in the operation of Bingo games shall be owned by the organization authorized by permit and license to conduct such Bingo games.

Sec. 4149 Financial interest.

No individual corporation, partnership, or other legal entity except the organization authorized by permit to conduct a Bingo game shall hold a financial interest in the conduct of such Bingo game.

Sec. 4150 Separate fund.

All profits derived from a Bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account.

Sec. 4151 Records.

Each organization conducting a Bingo game shall maintain detailed records of all profits, expenditures, prizes and other expenses associated with the operation of Bingo games. Said records shall be retained for such period of time as required by state and federal law and for a period of three (3) years for purposes of this Article.

Sec. 4152 Total value of prizes.

The total value of prizes awarded during the conduct of any Bingo games shall not exceed Two Hundred and Fifty Dollars ($250.00) in cash or kind, or both, for each separate game that is held.

Sec. 4153 Physical presence at Bingo game required.

No person shall be allowed to participate in a Bingo game unless such person is physically present at the time and place at which the Bingo game is being conducted.

Sec. 4154 Hours of Operation.

All Bingo games shall be conducted only during the hours of noon to midnight.

Sec. 4155 Violations, penalties.

(a)    Any person who violates any of the provisions of this Article shall be guilty of an infraction, and any person, upon conviction thereof, shall be punishable as provided in this Code.

Sec. 4156 Authority to inspect premises and records.

(a)    The Chief of Police or his representative shall have the authority to inspect the premises in order to insure that the operation of Bingo games at the premises does not constitute a violation of any state or federal law or provision of this Article.

(b)    The Chief of Police or his designated representative may inspect the records and special bank accounts containing profits derived from Bingo games of any organization conducting Bingo games whenever deemed reasonable and appropriate to insure compliance with the provisions of this Article.

Sec. 4157 Permit required.

No person or organization shall conduct a Bingo game without first obtaining a permit from the City Council to do so.

Sec. 4158 Application for permit required. (Ord. 913, eff. 1/19/1979)

Written application for a required by this Chapter shall be made by affidavit under penalty of perjury and filed with the City Clerk. Such application shall contain:

(a)    Name of organization; names, signatures and addresses of all the officers of the organization.

(b)    Days and hours of operation of Bingo games.

(c)    Attached copies of certificate or letters evidencing exempt status under the Revenue and Taxation Code and the Internal Revenue Code, received from the Franchise Tax Board and the Internal Revenue Service.

(d)    Address of premises where Bingo games will be conducted.

(e)    Statement of ownership or lease of premises.

(f)    Purpose(s) for which such premises are used by the organization.

(g)    Statement of ownership of Bingo equipment used in the operation of Bingo games.

(h)    Statements of consent for City to inspect any bank accounts containing profits derived from Bingo games.

(i)    Name of each individual, corporation, partnership or other legal entity that has a financial interest in the conduct of Bingo games.

(j)    Name of person responsible for the operation of the Bingo games.

(k)    Such further information as may be required by the City Council.

Sec. 4159 Permit Fee. (Amd. Ord. 1193, eff. 7/31/1992)

Each application for a permit shall be accompanied by a fee as set forth in the Schedule of Fees adopted by resolution of the City Council. If the application for a permit is denied, one-half of the fee paid shall be refunded to the organization.

Sec. 4160 Notice and hearing by City Council. (Ord. 913, eff. 1/19/1979)

The City Clerk shall set the time and place for public hearing on each application for a Bingo permit and shall mail notice thereof to the applicant and to any other person who has filed a written request for such notice.

Sec. 4161 Final action by the City Council. (Ord. 913, eff. 1/19/1979)

(a)    At the time and place set for public hearing on the application for a Bingo permit the City Council shall consider the records, papers, files and any other evidence it deems relevant and shall render its decision either granting or denying the permit.

(b)    If the permit is approved, the City Council may include such restrictions and conditions in the permit as the Council deems reasonable and necessary under the circumstances to insure compliance with the purposes and intent of this Article.

Sec. 4162 Denial of permit.

The City Council may refuse to issue a permit if, after consideration of the application and any other papers, records and files it deems relevant, it is determined that the operation of a Bingo game would be injurious to the health, safety and morals of the people of the City, or that the permit application or proposed mode of operation of the Bingo game is not in compliance with the provisions of this Article.

Sec. 4163 Permits and license: Non-transferable.

Permits granted under this Article shall not be transferable, either as to the permittee or the location. Any attempt to transfer shall render the permit in question invalid.

Sec. 4164 Revocation, suspension of permit authorized.

Any permit issued under this Article may be suspended or revoked by the City Council on its own motion or an application of the Chief of Police for violation of any of the provisions of this Article, or any provisions of federal or state law.

Sec. 4165 Notice, hearing on revocation, suspension.

The holder of a Bingo permit shall be given prompt notice of revocation or suspension of said permit and shall immediately desist from conducting or operating any Bingo game. Said notice shall fix a time and place, not less that five (5) nor more than sixty (60)days after service thereof, at which time the holder of said permit may appear before the City Council and be granted a hearing upon the merits of said suspension or revocation.

Sec. 4166 Regulations.

The City may, from time to time by resolution, adopt such rules and regulations as are necessary or appropriate to regulate Bingo games within the City.

ARTICLE 6—ALCOHOL CONSUMPTION IN CERTAIN AREAS OF THE CITY

(Ord. 1202, eff. 12/4/1992; Amd. Ord. 1224, eff. 7/1/1994; Ord. 1324, eff. 10/5/2001; Ord. No. 1329, eff. 6/14/2002)

Sec. 4170 Alcohol consumption prohibited.

It shall be unlawful for any person to consume, drink, or possess an open container of any alcoholic or intoxicating beverage in the following places listed below except at locations as designated by resolution of the City Council.

For purposes herein "open container" shall include, but is not limited to, any bottle, can, thermal jar or jug, vessel, or other receptacle which is open, has been opened, or which has a seal broken, or the contents of which have been partially removed.

(a)    Upon any public street, sidewalk, parking lot, or any other property owned or leased by the City, or in which the City holds a right-of-way easement, and which is open to members of the general public.

(b)    Within the Arcata Marsh and Wildlife Sanctuary, except at designated picnic locations.

(c)    Within the Arcata Redwood Park and Community Forest.

(d)    Within the outer perimeter and on any adjacent sidewalk of all City parks containing either playground areas or outdoor sports areas, and within all outdoor sports areas. For purposes of this chapter, "outdoor sports areas" means outdoor sports complexes, fields, gymnasiums, swimming pools, roller or ice rinks, skateboard parks, ball parks, basketball courts, tennis courts and other similar places where members of the general public assemble. (Ord. 1202, eff. 12/4/1992; Ord. 1224, eff. 7/1/1994; Ord. 1324, eff. 10/5/2001; Ord. 1329, eff. 6/14/2002; Ord. 1450, eff. 12/19/2014)

Sec. 4171 Restricted areas defined.

(a)    The Arcata Marsh and Wildlife Sanctuary is defined as that area bordered by Jolly Giant Creek to the north, G Street to the east, the Humboldt Bay to the south and I Street including Gearheart Marsh to the west.

(b)    The Arcata Redwood Park and the Arcata Community Forest is defined as that area east of Union Street at 14th Street and north of Fickle Hill Road generally referred to as the Arcata Redwood Park and Community Forest. (Ord. 1202, eff. 12/4/1992; Ord. 1224, eff. 7/1/1994; Ord. 1324, eff. 10/5/2001; Ord. 1329, eff. 6/14/2002; Ord. 1450, eff. 12/19/2014)

Sec. 4172 Exception.

It shall not be unlawful to consume any alcoholic beverage in any prohibited area during such times as a permit issued by the City Council or its designated representative is in effect. (Ord. 1202, eff. 12/4/1992; Ord. 1450, eff. 12/19/2014)

Sec. 4173 Violation: Infraction.

Violation of any of the provisions of this Article is declared to be an infraction.

ARTICLE 7—DISRUPTING A BUSINESS

Sec. 4180 Disrupting a Business.

No person shall enter a building, public or private, and interfere with, obstruct or disrupt any lawful business engaged therein by the owner of the property or his agent, or the public generally.

ARTICLE 8—MISCELLANEOUS PROVISIONS

Sec. 4190 Definitions: Peddlers and Solicitors.

In the construction of this Code and all the ordinances of the City, the following definitions of "peddler" and "solicitor" shall be observed, unless such definition would be inconsistent with the manifest intent of the City Council or the context clearly requires otherwise:

Peddler. "Peddler" means a person who engages in the business of going from house to house selling and making immediate delivery of goods and merchandise. Vendors selling food and drink to regular customers along established routes (e.g., catering trucks) are specifically excluded from the definition.

"Solicitor" means a person who engages in the business of going from house to house selling goods and merchandise for future delivery.

Sec. 4191 Police Certificates.

All peddlers and solicitors shall be required to obtain from the Arcata Police Department a valid Police Certificate prior to peddling or soliciting. Such a certificate shall require valid current identification of the person responsible for the sale of such wares or items, and verification that they are, in fact, who they say they are.

A reasonable fee, as set from time-to-time by the City Council, may be charged for the processing of an application for a certificate.

Sec. 4200 Findings.

(a)    Apartment buildings, rental property and owner occupied property in the City of Arcata are used by drug dealers and users to sell and use illegal and dangerous drugs.

(b)    Some owners of such properties are aware of such activity, but fail to take action to stop it, while other owners are unaware of such activity.

(c)    Regulating such activity has consumed significant resources of the Arcata Police Department.

(d)    The existence of such properties in the City poses a serious threat to the health, safety, welfare and security of the citizens of Arcata, including innocent inhabitants of those properties and their neighbors.

(e)    Because of the immediate danger associated with drug related activities occurring at such properties to the citizens of Arcata, this Ordinance is urgently needed for the immediate protection of the public peace, health and safety.

Sec. 4201 City Manager’s Authority to Order Corrective Action by Property Owners.

(a)    Whenever the City Manager or her/his designee finds by a preponderance of the evidence, that the unlawful sale, storage, manufacturing, selling or giving away of a controlled substance, precursor or analog, as defined in the California Health and Safety Code, has occurred in or about any privately owned property, she/he may order the property owner to take corrective action to abate the activity pursuant to this Article.

(b)    Corrective action which may be ordered hereunder at the discretion of the City Manager or her/his designee may include, but is not limited to, one or more of the following:

1.    Capital improvements including by way of example only, security gates and doors;

2.    Improved interior/exterior lighting;

3.    Security guards;

4.    Posting of signs;

5.    Property rules which regulate entrance upon and egress from the property by nonresidents;

6.    The commencement of appropriate legal proceedings including unlawful detainer to remove any tenant, resident or person engaging in such illegal conduct on or about the premises; or

7.    Boarding up any structure on the property to make such structure inaccessible.

(c)    Prior to commencement of any abatement action hereunder, the City Manager or her/his designee shall give notice to the owner of the property (the "abatement notice") requesting that the owner abate the matter or take action designated in the abatement notice within a reasonable time after receipt of the abatement notice. A "reasonable time" shall mean thirty (30) days, unless the City Attorney determines that there is good cause to shorten the time of notice or forego notice entirely. For purposes of this paragraph "good cause" includes, but is not limited to, unavailability of the owner or evasion of service by the owner. The abatement notice, if required hereunder, shall contain as enclosures, documentation establishing the basis on which the City Manager, or her/his designee, has determined that abatement action is required hereunder. The abatement notice shall be served on the owner by personal service or by certified mail at the address of the owner as shown on the latest equalization assessment roll.

(d)    If the abatement notice identifies a particular tenant as responsible for the nuisance activity or recommends action that will have a significant adverse effect on the tenant’s right of possession, the City Manager, or her/his designee, shall also serve a copy of the abatement notice and supporting documentation on that tenant. Service shall be by personal service or by certified mail to the tenant at the property address. Said notice shall not be required if the City Attorney determines that there is good cause to forego notice. For purposes of this paragraph "good cause" includes, but is not limited to, unavailability of the tenant or evasion of service by the tenant.

(e)    The determination of the City Manager, or her/his designee, to order the abatement of any matter hereunder shall be based on a finding that a pattern or practice of illegal drug related activity exists on or about the property taking into account the totality of circumstances including, but not limited to, any one of the following:

1.    An excessive number of short term visitors for periods of 15 minutes or less within any twenty-four (24) hour period; or

2.    Information received from informants including, without limitation, confidential informants; or

3.    The presence of known drug users or traffickers on or about the premises.

(f)    Any person served with an abatement notice hereunder or any person whose interest in the property may be affected by abatement action taken pursuant to this Article, shall have the right to protest to the City Manager, or her/his designee’s, determination to take action hereunder as follows:

1.    Said protest shall be in writing and shall be delivered to the City Manager within thirty (30) days of the date of receipt of the abatement notice, unless a shorter time for filing such protest is otherwise indicated in the abatement notice;

2.    Said protest shall be in writing and shall set forth the facts on which the protest is based and recommended alternative action to be taken in sufficient detail to enable the City Manager, or her/his designee, to understand the nature of the protest;

3.    Unless the time is extended by mutual agreement of the parties, the matter shall be reviewed by the City Manager, or her/his designee, within five (5) business days of the date of receipt of the protest;

4.    No additional evidence or testimony shall be considered other than that contained in the written protest, unless the City Manager, or her/his designee, shall elect to hear additional testimony on the matter;

5.    No filing fee shall be required;

6.    The decision of the City Manager shall be final and shall be effective immediately; and

7.    The City Manager, or her/his designee, may take into consideration in reviewing the protest, the prompt, good faith commencement and prosecution of eviction proceedings by the property owner or the prompt and good faith commencement of other appropriate remedial action to remedy the conditions described in the abatement notice.

Sec. 4203 Remedies, Civil Penalties, Non-Exclusive.

(a)    The remedies provided under this section are in addition to any the City or any person might have under applicable law.

(b)    Any property owner shall be liable to the City for a civil penalty of $100.00 per day for each day the property owner fails to comply with any action finally ordered by the City Manager, or her/his designee, pursuant to this Article.

(c)    Failure to comply with any order of the City Manager, or her/his designee, hereunder, is hereby declared a nuisance and the City Attorney, upon presentation to and at the direction of the City Council, may bring a civil action under this Article or under Health and Safety Code #11570 et seq., for injunctive and other relief.

(d)    The unlawful sale, storage, manufacture, selling or giving away of a controlled substance, precursor or analog on private property is hereby declared to be a nuisance. Whether or not the City Manager, or her/his designee, orders a private property owner to take corrective action, any person aggrieved by such nuisance may bring an independent civil action against the owner of the property or any other person creating such nuisance for all appropriate relief including damages, costs and attorney’s fees, which she/he may have incurred as a result of such activity. A person aggrieved prevailing in such action shall be entitled to the minimum sum of $500.00 on account of damages, costs and attorney’s fee, plus such additional sum as the Court shall deem appropriate.

1.    A "person aggrieved" is anyone who owns or occupies any premises that cannot be quietly used and enjoyed due to the unlawful sale, storage, manufacture, selling or giving away of a controlled substance, precursor or analog on or in any property or dwelling unit, other than their own.

2.    Every day that a person aggrieved cannot quietly use and enjoy their premises is a separate and distinct nuisance.

Sec. 4204 Effective date.

This Ordinance, being an urgency measure necessary for the immediate preservation of the public peace, health or safety, adopted pursuant to Government Code #36937(b) shall be and is hereby effective immediately upon three-fourths (3/4) vote of the City Council.

ARTICLE 9—SITTING OR LYING ON SIDEWALKS, OBSTRUCTING MOVEMENT

(Ord. 1320, eff. 2/02/2001)

Sec. 4260 Sitting or Lying on Public Sidewalks.

A.    Prohibition. No person shall sit or lie down upon a public sidewalk, curb or street in the following areas:

1.    The Downtown Business District, defined as that area bordered by 7th Street to the south, 11th Street to the north, J Street to the west, and Highway 101 to the east. The bordering streets and their adjacent sidewalks are considered to be within the restricted area;

2.    Beginning at 11th Street, extending northward from the westerly side of H Street and Highway 101 to Sunset Avenue, inclusive of sidewalks, and additionally including the 18th Street bridge and pathway crossing Highway 101 from G Street to L. K. Wood Blvd.

B.    Exceptions. The prohibitions of Subsection A shall not apply to any person or persons:

1.    Who is sitting or lying down on a public sidewalk due to a medical emergency;

2.    Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk; or

3.    Who is standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance, rally, demonstration, meeting or similar event conducted in accordance with this Code or for which an appropriate permit has been duly issued by City. (Ord. 1399, eff. 4/16/2010)

Sec. 4270 Obstruction of Movement in Public Ways.

A.    Prohibition. No person shall occupy any portion of a public street, sidewalk, curb or other public place so as to obstruct or interfere with the flow of pedestrian or vehicular traffic thereon, whether such person does so alone or together with one or more persons, or with equipment or personal property of any nature, and whether such person does so by standing, sitting, lying, or in any other manner.

B.    Parade Viewing Excepted. This Chapter shall not apply to persons engaged in viewing a parade or other event duly authorized by the City. (Ord. 1399, eff. 4/16/2010)

ARTICLE 10—UNLAWFUL PANHANDLING

Sec. 4280 Findings.

The City Council finds as follows:

A.    Within the last few years there has been a substantial increase in aggressive solicitation or panhandling throughout the City of Arcata as well as an increase in targeted panhandling in certain areas of the City.

B.    Aggressive panhandling, which usually includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic, is extremely disturbing and disruptive to residents and businesses and contributes not only to the loss of access and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder.

C.    The increase of targeted panhandling at locations where residents are captive audiences, in which it is impossible or difficult for them to exercise their own right to decline to listen to or avoid solicitation from others, intimidates persons who are approached, interferes with privacy and security, impedes traffic flow, causes congestion, and negatively impacts businesses within the City. Such places include buses and bus shelters, parking lots, major intersections where cars and bicyclists must stop for traffic, and pedestrian foot bridges where pedestrians are unable to take an alternate route.

D.    Aggressive and targeted panhandling of commercial customers as they enter and exit retail establishments, including restaurants, bars and cafes, has become increasingly disturbing to residents and business, has generated an enhanced sense of fear, intimidation and disorder, and has caused many retail customers to avoid shopping or dining within the City. This situation threatens the economic vitality of the City.

E.    This law is timely and appropriate because current laws and City regulations are insufficient to address the above-mentioned problems. The restrictions contained herein are neither overbroad nor vague, and are narrowly tailored to serve a substantial governmental interest.

F.    The goal of this law is to protect citizens from fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome and overwhelming presence in the City, and to restore an atmosphere of mutual respect within the community. (Ord. 1399, eff. 4/16/2010)

Sec. 4281 Definitions.

For purposes of this article, the following words shall have the following meaning, unless the context clearly indicates otherwise:

A.    "Aggressive manner" shall mean:

1.    Approaching or speaking to a person, or following a person before, during or after panhandling, if that conduct is likely to cause a reasonable person to:

(i)    Fear bodily harm to oneself or to another, damage to or loss of property; or

(ii)    Otherwise be intimidated into giving money, goods or other things of value;

2.    Approaching an occupied vehicle by entering into the roadway when traffic is either stopped or moving, before, during or after panhandling;

3.    Knocking on the window of, or physically reaching toward or into, an occupied vehicle before, during or after panhandling;

4.    Continuing to solicit from a person after the person has given a negative response to such panhandling;

5.    Intentionally touching or causing physical contact with another person without that person’s consent in the course of panhandling;

6.    Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact before, during or after panhandling;

7.    Using violent or threatening gestures toward a person before, during or after panhandling;

8.    Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during or after panhandling;

9.    Following a person while panhandling, with the intent of asking that person for money, goods or other things of value.

B.    "Automated teller machine" shall mean a device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.

C.    "Automated teller machine facility" shall mean the area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers after regular banking hours.

D.    "Check cashing business" shall mean any person duly licensed by the Attorney General to engage in the business of cashing checks, drafts or money orders for consideration pursuant to Section 1789.31 of the California Civil Code.

E.    "Intersection" shall mean the intersection of the lateral curb lines, or if none, the lateral boundary lines of the roadway, of two roads that join one another at approximately right angles.

F.    "Panhandling" shall mean asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Panhandling shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value.

G.    "Public place" shall mean a place where a governmental entity has title or to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, parking lot, transportation facility, shopping center, school, place of amusement, park, or playground. (Ord. 1399, eff. 4/16/2010)

Sec. 4282 Unlawful Panhandling.

It is unlawful and a public nuisance for any person to:

A.    Panhandle in an aggressive manner in any public place;

B.    Panhandle within twenty (20) feet of any check cashing business, or within twenty (20) feet of any automated teller machine; provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility;

C.    Panhandle within twenty (20) feet of the entrance to a supermarket, retail store, restaurant or bar;

D.    Panhandle in any public transportation vehicle, or within twenty (20) feet of a bus stop or bus shelter;

E.    Panhandle in any City-owned parking lot or parking structure accessible to the general public, or within twenty (20) feet of the entrance or exit to any parking lot or parking structure;

F.    Panhandle while on any public pedestrian foot bridge, or within twenty (20) feet of the entrance or exit to a public pedestrian foot bridge; or

G.    Panhandle within twenty (20) feet of any intersection. (Ord. 1399, eff. 4/16/2010; Ord. 1418, eff. 7/6/2012)