Chapter 7.09
AGGRESSIVE PANHANDLING
Sections:
7.09.020 Aggressive panhandling prohibited.
7.09.030 All panhandling, asking or begging prohibited at specific locations.
7.09.010 Definitions.
(A) “Panhandling, asking or begging” means any request made in person seeking an immediate donation of money or other item of value. A person shall not be deemed to be in the act of panhandling when he or she passively displays a sign or gives any other indication that he or she is seeking donations without addressing his or her panhandling to any specific person, other than in response to an inquiry by that person.
(B) “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, 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, hotel or motel not constituting a room or apartment designed for actual residence. (Ord. CCO-11-01 § 2, 2011)
7.09.020 Aggressive panhandling prohibited.
(A) No person shall panhandle, ask or beg in an aggressive manner in any public place.
(B) “Aggressive manner” means any of the following:
(1) Approaching or speaking to a person, or following a person before, during or after panhandling, 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 the person’s consent in the course of panhandling, 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 panhandled before, during, or after panhandling, asking or begging;
(5) Persisting in closely following or approaching a person, after that person panhandled has been panhandled and informed the panhandler by words or conduct that such person does not want to be panhandled or does not want to give money or any thing of value to the panhandler; or
(6) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after panhandling. (Ord. CCO-11-01 § 2, 2011)
7.09.030 All panhandling, asking or begging prohibited at specific locations.
(A) Banks and ATMs. No person shall panhandle, ask or beg within 30 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 30 feet of an automated teller machine during the time it is available for customer’s use. 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 automated teller machine facility. Provided further, that no person shall panhandle, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have 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 (1) the lawful vending of goods and services in such areas, or (2) panhandling, asking or begging within the restricted area after obtaining the permission of the owner or tenant.
(B) Entrances and Exits to Any Building. No person shall panhandle, ask or beg within 15 feet of any entrance into or exit from any building open to the public other than those buildings subject to subsection (A) of this section. This prohibition shall not apply if the owner or tenant of the building grants permission to panhandle, ask or beg within the restricted area.
(C) Motor Vehicles and Parking Lots.
(1) Motor Vehicles. No person shall approach an operator or occupant of a motor vehicle for the purpose of panhandling, asking or begging while such vehicle is located in any public place.
(2) Parking Lots. No person shall panhandle, ask or beg in any public parking lot any time after dark. “After dark” means any time from one-half hour after sunset to one-half hour before sunrise.
(3) Exemption. Subsection (C) of this section shall not apply to any of the following:
(a) To panhandle related to business that is being conducted on the subject premises by the owner or lawful tenant;
(b) To panhandle related to the lawful towing of a vehicle; or
(c) To panhandle related to emergency repairs requested by the operator or other occupant of a vehicle.
(D) Public Transportation Vehicles and Stops.
(1) “Public transportation vehicle” means any vehicle 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.
(2) Any person who panhandles, asks or begs in any transportation vehicle, or within 10 feet of any designated or posted public transportation vehicle stop, is guilty of a violation of this section if:
(a) He or she remains there after being asked to leave by the owner, driver, or operator of a public transportation vehicle; the agent of the owner, driver or operator of a public transportation vehicle; the owner or manager of a public transportation facility; a member of a security force employed by the public transportation facility; or by a peace officer, as defined in Cal. Penal Code Title 3, Chapter 4.5 (commencing with Section 830); or
(b) Within the immediately preceding 30 days, he or she engaged in panhandling at that location and had been asked to leave by a person specified in subsection (D)(2)(a) of this section.
(E) Restaurants. Any person who panhandles, asks or begs in any indoor or outdoor dining area of a restaurant or other establishment serving food for immediate consumption is guilty of a violation of this section if:
(1) He or she remains there after being asked to leave by the owner, manager or supervisor of the restaurant or other food establishment; the agent of the owner, manager or supervisor of the restaurant; a member of a security force employed by the restaurant; or by a peace officer, as defined in Cal. Penal Code Title 3, Chapter 4.5 (commencing with Section 830), acting at the request of any of the persons specified in this subdivision; or
(2) Within the immediately preceding 30 days, he or she engaged in panhandling at that location and had been asked to leave by a person specified in subsection (E)(1) of this section. (Ord. CCO-11-05 § 16, 2011; Ord. CCO-11-01 § 2, 2011)
7.09.040 Penalty for violation.
Repealed by Ord. CCO-20-04. (Ord. CCO-11-01 § 2, 2011)