Chapter 11.35
AGGRESSIVE SOLICITATION
Sections:
11.35.030 Prohibition Against Aggressive Solicitation.
11.35.035 Locations Where Solicitation Is Prohibited.
11.35.010 Purpose.
The purpose of this chapter is to protect the safety of the general public against certain aggressive conduct of persons engaged in solicitation, by imposing reasonable time, place, and manner restrictions on solicitation while respecting the constitutional rights of free speech of all citizens. (Ord. 15-3 § 1, 5/12/15)
11.35.020 Definitions.
For purposes of this chapter, the following definitions apply:
“Aggressive solicitation” 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 fear bodily harm to oneself or to another, damage to or loss of property, or otherwise be intimidated or coerced into giving money or other things of value;
2. Intentionally touching or causing physical contact with another person or 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 that person has been solicited and has 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.
“Automated teller machine (ATM)” shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.
“Automated teller machine facility” shall mean the area comprised of one (1) or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
“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 in which the deposits are insured by the Federal Deposit Insurance Corporation.
“Business” means and includes any type of product, goods, service, performance, or activity which is provided or performed or offered to be provided or performed in exchange for money, labor, goods, or any other form of consideration.
“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.
“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.
“Pedestrian” means any individual who is utilizing a public street, sidewalk, roadway, alley, or public or private parking area while traveling without the benefit of any vehicle, as defined herein, or traveling on a bicycle.
“Person” means any individual, company, corporation, association, business, or other legal entity.
“Private parking area” means privately owned property which is designed or used primarily for the parking of vehicles, and which adjoins one (1) or more commercial establishments or adjoins any property in a nonresidential zone, including, but not limited to, driveways, setbacks, and portions of that area that are landscaped.
“Private property” shall mean any land not owned by the government or designated for the public use as a public place.
“Public place” shall mean a place or property owned by the government, or to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, roadway, parkway, 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, or hotel, not constituting a room or apartment designed for actual residence.
“Public transportation facility” shall mean any location or structure within the City designated for the use of public transportation. Such facilities include, but are not limited to, commuter train stations, bus stations or rest areas, transfer stations, or other designated transportation hubs.
“Solicit or solicitation” shall include 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 things of value, or soliciting the sale of goods or services.
“Vehicle” means a vehicle as defined in California Vehicle Code Section 670 as the same now reads or may hereafter be amended. (Ord. 15-3 § 1, 5/12/15)
11.35.030 Prohibition Against Aggressive Solicitation.
No person shall engage in aggressive solicitation, so as to intimidate or cause fear for harm with the intent of coercing a donation or contribution in any public place. (Ord. 15-3 § 1, 5/12/15)
11.35.035 Locations Where Solicitation Is Prohibited.
No person shall solicit, ask, or beg on sites limited to banks and ATMs, public transportation facilities, and private property.
A. Banks and ATMs. No person shall solicit, ask, or beg within thirty (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 thirty (30) feet of any ATM during the time it is available for customers’ use. Provided, however, that when an ATM is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. No person shall solicit, ask, or beg without the consent of the owner or other person legally in possession of such facilities.
B. Public Transportation Facilities. It is unlawful to solicit, ask, or beg within thirty (30) feet of any bus or other public transportation vehicle stop or designated public transportation facility.
C. Private Property. It is unlawful to solicit, ask, or beg on private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted signs clearly indicating solicitation is not permitted on the property. (Ord. 15-3 § 1, 5/12/15)
11.35.040 Violation—Penalty.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor. (Ord. 15-3 § 1, 5/12/15)