Chapter 9.05
PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE AND UNSAFE SOLICITATION IN STREET MEDIANS AND OTHER PLACES
Sections:
9.05.010 Purpose and findings.
9.05.030 Prohibited solicitation.
9.05.010 Purpose and findings.
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 in the city of Seaside by imposing reasonable time, place, and manner restrictions on aggressive, intrusive, or unsafe solicitation activities while respecting constitutional rights of free speech.
B. Aggressive and intrusive solicitation may include approaching or following pedestrians, using abusive language, making unwanted physical contact, or blocking pedestrian and vehicular traffic. The city council finds that these behaviors disturb residents, disrupt commerce, and contribute to fear and intimidation in public spaces.
C. Solicitation in places where individuals are a “captive audience” – such as public transportation vehicles, stops, and gasoline stations – presents a significant risk to public safety. Similar concerns exist with solicitation near ATMs and financial institutions due to perceived threats to person and property.
D. Solicitation in median strips, intersections, and active public roadways is inherently hazardous to panhandlers, drivers, and pedestrians, contributing to vehicle collisions, roadway obstruction, and traffic delays.
E. Solicitation near commercial driveways compromises driver visibility and pedestrian safety, contributing to traffic conflicts and disruption of free-flowing vehicle movement.
F. These regulations are necessary and appropriate to address behaviors not adequately covered by existing Seaside laws. The restrictions are narrowly tailored and not overbroad or vague. The city aims to protect the public from coercive or unsafe solicitations while preserving constitutional rights. (Ord. 2038 § 5 (Exh. A), 2025)
9.05.020 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. “After dark” means any time from one-half hour after sunset to one-half hour before sunrise.
B. “Aggressive” means any of the following:
1. Conduct intended or likely to cause a reasonable person to fear imminent bodily harm to oneself or to another, to fear damage to or loss of property, or otherwise to 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 solicitation, 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. Persisting in closely following or approaching a person, after the person has informed a panhandler that such person does not want to be solicited or does not want to give money or any other thing of value to the panhandler;
5. Using violent or threatening gestures toward a person; or
6. Using profane, offensive or abusive language that is inherently likely to provoke an immediate reaction either before, during or after solicitation.
C. “Automated teller machine (ATM)” means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.
D. “Automated teller machine facility” means the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
E. “Donation” means a gift of money or other item of value.
F. “Financial institution” means any of the following: bank, savings and loan association, credit union, and/or check cashing business.
G. “Intrusive” means to thrust or force oneself in without invitation, permission, or welcome and cause physical contact, block the path of travel, or behave in a threatening manner.
H. “Median strip” means a paved or planted area of public right-of-way that divides a street or highway according to the direction of travel.
I. “Solicitation” or “solicit” means to ask, beg, or request using the spoken, written, or printed word, or bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money, goods/services or other thing of value.
J. “Public place” means a place to which the public or a substantial group of persons has access, including but not limited to streets, sidewalks, parks, plazas, transit stops, and entrances of business establishments.
K. “Public transportation vehicle” means any vehicle, including buses or shuttles, used for carrying passengers for hire. (Ord. 2038 § 5 (Exh. A), 2025)
9.05.030 Prohibited solicitation.
A. No person shall solicit in an aggressive or intrusive manner in any public place.
B. All solicitation is prohibited at the following specified locations:
1. Motor Vehicles. No person shall physically enter a traffic lane to solicit from an operator or occupant traveling in a motor vehicle while such vehicle is located within one hundred feet of any intersection in which at least one corner is controlled by an official traffic signal or traffic control sign.
2. Median Strips. No person shall remain on a median strip for greater than five minutes or obstruct traffic or in any manner inconsistent with the provisions of the California Vehicle Code.
3. Driveways Accessing Shopping Centers or Businesses. No person shall solicit from an operator or occupant of a vehicle located within twenty feet of a driveway providing vehicular access to a shopping center or business.
4. Public Transportation Vehicles and Stops. No person shall solicit in any public transportation vehicle or within twenty feet of any designated or posted transit stop.
5. Gasoline Stations and Fuel Pumps. No person shall solicit from a motor vehicle while it is stopped in a gasoline station or at a gasoline pump, unless authorized by the business operator.
6. After Dark. No person shall solicit in a manner causing reasonable alarm after dark in any public place unless on private property with the express permission of the owner or business operator.
C. Nothing herein prohibits solicitation where: (1) The solicitor is stationary on a sidewalk without blocking passage; (2) No physical contact occurs; and (3) No repeated requests are made after refusal. (Ord. 2038 § 5 (Exh. A), 2025)
9.05.040 Penalty.
A. Any person who violates any provision of this chapter shall be punished pursuant to Chapter 1.12 SMC.
B. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations. (Ord. 2038 § 5 (Exh. A), 2025)
9.05.050 Severability.
The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, phrase, sentence, or section shall not affect the validity of the remainder of this chapter, or its application to other persons or circumstances. If any provision is invalidated by a court, the city shall enforce remaining provisions to the maximum extent permitted under the First Amendment. (Ord. 2038 § 5 (Exh. A), 2025)