Chapter 9.06
PROHIBITION ON AGGRESSIVE SOLICITATION

Sections:

9.06.010    Definitions.

9.06.020    Prohibition of aggressive soliciting.

9.06.025    Prohibition of solicitation from specified locations.

9.06.030    Demand for services.

9.06.040    Free speech.

9.06.060    Violation—Penalty.

9.06.010 Definitions.

A. General Definition. For the purposes of this chapter, an individual (solicitor) coerces, threatens, hounds, or intimidates another (solicitee) when:

1. The solicitor’s conduct would cause a reasonable person in the position of the solicitee to fear for his or her safety; or

2. The solicitor intentionally blocks the path of the solicitee; or

3. The solicitor persists in following the solicitee closely, while the solicitor continues to demand money or other thing of value, after the solicitee has informed the solicitor by words or conduct that the solicitee does not want to give money or other thing of value to the solicitor to which the person demanding payment is not entitled under law.

B. “Solicit” means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means.

C. “Solicitor” is one who solicits as defined in subsection (B) of this section.

D. “Fear for Safety” Defined. The following facts, among others, may be considered in deciding whether a reasonable person would be caused to fear for his or her safety:

1. The occurrence of threatening gestures or other threatening conduct of the solicitor, including following the solicitee.

2. The proximity of the solicitor to the solicitee and the duration of the solicitation.

3. The making of physical contact with the solicitee.

E. “Intentionally block” means to walk, stand, sit, lie or place an object in such a manner as to block passage by another person or a vehicle or to require another person or driver of a vehicle to take evasive action to avoid physical contact. (Ord. 1243 § 1 (part), 1993)

9.06.020 Prohibition of aggressive soliciting.

It shall be unlawful for any person on the streets, sidewalks, or other places open to the public, whether publicly or privately owned, to intentionally coerce, threaten, hound, or intimidate another person for the purposes of soliciting alms. (Ord. 1243 § 1 (part), 1993)

9.06.025 Prohibition of solicitation from specified locations.

A. In order to promote the safe and orderly flow of traffic and to prevent the harassment and intimidation of citizens and visitors in the vicinity of cash dispensing institutions or facilities, and commercial and retail establishments, no person may solicit or beg for any moneys, goods or services, including offering any services in exchange for moneys, goods or services, while located:

1. Within twenty-five feet of any ATM or similar cash machine, bank, or savings and loan; or

2. Within six feet of the entrance to a commercial establishment or driveway thereto, or a driveway serving a shopping center; or

3. Within ten feet of any intersection of city streets, including intersections of city streets and state highways or state highway on- or off-ramps; or

4. On any median in any city street; or

5. On the roadway of any city street intended for the use of vehicular traffic, including approaching and/or attempting to interfere with the movement of any occupied vehicle while such vehicle is being operated on any city street.

B. This section shall not apply to a registered nonprofit organization conducting a fundraising activity within a commercial parking area with the permission of the owner, provided such activity does not interfere with the safe and orderly flow of traffic entering or exiting the parking area onto city streets and said organization has obtained all necessary permits. (Ord. 1491 § 1, 2006)

9.06.030 Demand for services.

This chapter is not intended to proscribe any demand for payment for services rendered or goods delivered. (Ord. 1243 § 1 (part), 1993)

9.06.040 Free speech.

This chapter is not intended to restrict the exercise of protected free speech. (Ord. 1243 § 1 (part), 1993)

9.06.060 Violation—Penalty.

Any person who violates any provision of this chapter is guilty of an infraction and is subject to punishment as provided for in Chapter 1.12 of this code. (Ord. 1243 § 1 (part), 1993)