Chapter 11.12
AGGRESSIVE SOLICITATION
Sections:
11.12.010 Definitions.
For the purposes of this chapter the following terms shall be defined as set forth in this section:
“Aggressive manner” shall mean any of the following:
1. Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into giving money or other thing of value;
2. Continuing to solicit from a person after the person has given a negative response to such soliciting;
3. Intentionally touching or causing physical contact with another person without that person’s consent in the course of soliciting;
4. 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;
5. Using violent or threatening gestures toward a person solicited; or
6. Following the person being solicited, with the intent of asking that person for money or other things of value.
“Median strip” shall mean a paved or planted area of public right-of-way that divides a street or highway according to the direction of travel.
“Public place” shall mean a place where a governmental entity has title, to which the public or a substantial group of persons has access, including but not limited to any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground.
“Public transportation vehicle” shall mean any vehicle, including a trailer bus, designated, used, or maintained for carrying ten (10) or more persons, including the driver, or a passenger vehicle designed for carrying fewer than ten (10) persons, including the driver, and used to carry passengers for hire.
“Solicit” or “soliciting” 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. Soliciting 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 or soliciting the sale of goods or services. [Ord. 15-008 § 1.]
11.12.020 Prohibited acts.
A. No person shall solicit in an aggressive manner in any public place.
B. No person shall solicit an operator or other occupant of a motor vehicle for the purpose of soliciting while such vehicle is located within five hundred (500) feet of a highway on-ramp or off-ramp.
C. No person shall stand or walk in a public street or obstruct the passage of vehicles on a public street for the purpose of obtaining the attention of an operator or occupant of a motor vehicle to solicit.
D. 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.
E. No person shall solicit in any public transportation vehicle.
F. No person shall solicit in public parking lots after dark. After dark shall mean from one-half hour after sunset to one-half hour before sunrise. This prohibition shall not apply to solicitation related to business which is being conducted on the subject premises by the owner or lawful tenants, to solicitations related to the lawful towing of a vehicle, or to solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.
G. The prohibitions in this section do not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle. [Ord. 15-008 § 1.]
11.12.030 Penalty.
A violation of this chapter is an infraction and shall be punishable as set forth in Chapter 1.06 DMC. [Ord. 15-008 § 1.]
11.12.040 Exemptions.
Nothing in this chapter shall be construed to prohibit the lawful vending of goods and services. [Ord. 15-008 § 1.]
11.12.050 Severability.
The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of the application to other persons or circumstances. [Ord. 15-008 §1.]