Chapter 9.28
AGGRESSIVE AND INTRUSIVE SOLICITATION
Sections:
9.28.010 Findings and purpose.
9.28.030 Aggressive and intrusive solicitation prohibited.
9.28.035 Unlawful solicitation from a vehicle not legally parked.
9.28.010 Findings and purpose.
A. The purpose and intent of this chapter is to protect the safety and welfare of the general public and improve the quality of life and economic vitality of the city of Fortuna by imposing reasonable time, place and manner restricting aggressive and intrusive solicitation while respecting the constitutional rights of free speech for all citizens.
B. Aggressive and intrusive solicitation typically includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian vehicular traffic. The city council finds that there has been an increase in aggressive solicitation throughout the city of Fortuna and that such behavior has become disturbing and disruptive to residents and businesses. It has also contributed to the loss of access to and enjoyment of places open to the public and has created an enhanced sense of fear, intimidation and disorder.
C. The city council finds that solicitation from people in places where they are a “captive audience” in which it is impossible or difficult for them to exercise their own right to decline to listen to or to avoid solicitation from others is problematic and presents a risk to the health, safety and welfare of the public. Such places include public transportation vehicles and their designated locations for stops, as well as gasoline stations.
D. The city council finds that solicitation on roadway median strips, at traffic intersections, and in the public roadway is unsafe and hazardous for solicitors, drivers, pedestrians and the general public. Soliciting on roadway median strips, at traffic intersections, and in the public roadway increases the risk of drivers becoming distracted from their primary duty to watch traffic which may result in automobile accidents, congestion and blockage of streets, delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.
E. The city council finds that the practice of solicitation near driveways accessing shopping centers, retail, and business establishments is unsafe and hazardous for solicitors, drivers, pedestrians and the general public. The location of the solicitor near the driveway compromises the solicitor’s safety, impedes visibility, and impairs a driver’s ability to safely enter and exit. Drivers also become distracted which may result in automobile accidents, congestion and blockage of streets, delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.
F. This law is timely and appropriate because current laws are insufficient to address the aforementioned problems. The restrictions contained herein are neither overbroad nor vague and they are narrowly tailored to serve a substantial governmental interest. Furthermore, in enacting the ordinance codified in this chapter, the city council recognizes the availability of community service and other sentencing alternatives, which may be appropriate remedies for violations of this law. The goal of this law is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome presence in the city of Fortuna. (Ord. 2016-723 § 2).
9.28.020 Definitions.
For purposes of this chapter:
A. “Aggressive manner” shall mean any of the following:
1. Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to:
a. Fear bodily harm to oneself or to another, damage to or loss of property; or
b. Otherwise be intimidated into giving money or other thing of value;
2. Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging;
3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
4. Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;
5. Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or
6. Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.
B. “Automated teller machine” means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.
C. “Automated teller machine facility” means the area comprised of one or more automated teller machines and an adjacent space which is made available to banking customers after regular banking hours.
D. “Bank” means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
E. “Credit union” means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.
F. “Check cashing business” means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with Section 12000.
G. “Donation” shall mean a gift of money or other item of value.
H. “Intrusive” shall mean to thrust or force oneself in without invitation, permission, welcome and cause physical contact, block the path of travel or behave in a threatening manner.
I. “Public place” means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, public alley, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.
J. “Public transportation vehicle” means any vehicle, including a trailer bus, designed, used or maintained for carrying 10 or more persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire.
K. “Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.
L. “Solicit” shall mean to ask, beg, request, and/or panhandle using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. (Ord. 2016-723 § 2).
9.28.030 Aggressive and intrusive solicitation prohibited.
A. No person shall solicit in an intrusive or aggressive manner in any public place.
B. All solicitation is prohibited at the following specified locations:
1. Banks and ATMs. No person shall solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within 15 feet of any automated teller machine during the time it is available for customers’ use. However, when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance of the automated teller machine facility; provided further, that no person shall solicit within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this subsection shall be construed to prohibit the lawful vending of goods and services within such areas.
a. Exemptions. The provisions of this subsection (B)(1) shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports and school buildings; provided, that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.
2. Motor Vehicles. No person shall solicit from an operator or occupant traveling in a motor vehicle while such vehicle is located within 200 feet of any intersection in which at least one corner is controlled by an official traffic signal of the type set forth in California Vehicle Code Section 21450, or by any sign regulating the flow of traffic such as a stop sign or yield sign.
3. Median Strips. No person shall solicit on a median strip or in any manner or location that is inconsistent with the provisions of the California Vehicle Code.
4. Driveways Accessing Shopping Centers, Retail, and Business Establishments. No person shall solicit from an operator or occupant traveling in a motor vehicle while such vehicle is located within 50 feet of a driveway providing vehicular access to a shopping center, retail, or business establishment.
5. Public Transportation Vehicles and Stops. No person shall solicit in any public transportation vehicle or within 50 feet of any designated or posted public transportation vehicle stop.
6. Gasoline Stations and Fuel Pumps. No person shall solicit from an operator or occupant of a motor vehicle while such vehicle is stopped in a gasoline station or at a gasoline pump. (Ord. 2016-723 § 2).
9.28.035 Unlawful solicitation from a vehicle not legally parked.
A person commits the offense of unlawful solicitation if the person:
A. While a driver or passenger in a vehicle on a highway, road or street within the boundaries of the city of Fortuna, gives or relinquishes possession or control of, or allows another person in the vehicle to give or relinquish possession or control of, any item of property to a pedestrian;
B. While a pedestrian accepts, receives or retains possession or control of any item of property from a driver or passenger in a vehicle on a highway, road or street within the boundaries of the city of Fortuna;
C. This section does not apply if the vehicle is legally parked. (Ord. 2016-724 § 2).
9.28.040 Exemptions.
A. Nothing in this chapter shall be construed to prohibit the lawful vending of goods and services.
B. These provisions shall not apply to solicitations related to business authorized by and/or conducted by the property owner, business owner, or employees thereof on the premises.
C. The provisions of this chapter shall not apply to any law enforcement officer, Humboldt County mental health officer, or social worker while engaged in the performance of their duties. (Ord. 2016-724 § 2; Ord. 2016-723 § 2).
9.28.050 Penalty.
Each act of unlawful solicitation is a separate violation of this chapter and shall constitute a separate offense. A violation of this chapter is punishable as a misdemeanor or infraction, chargeable pursuant to FMC 1.08.010. (Ord. 2016-724 § 2; Ord. 2016-723 § 2).