Chapter 9.08
AGGRESSIVE SOLICITATION PROHIBITED
Sections:
9.08.010 Purpose and findings.
9.08.030 Aggressive solicitation prohibited.
9.08.040 Locations where solicitation prohibited.
9.08.010 Purpose and findings.
(a) It is the intent of the Council in enacting the ordinance codified in this chapter to improve the quality of life and economic vitality of the City, and to protect the safety of the general public against certain abusive conduct of persons engaged in aggressive solicitation (panhandling), by imposing reasonable restrictions on aggressive solicitation while respecting the constitutional rights of free speech for all citizens.
(b) The Council finds that an increase in aggressive solicitation throughout the City has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places, but also in certain circumstances to an enhanced sense of fear, and disorder. Aggressive solicitation directed at residents and visitors to the City of Concord unquestionably threatens their safety and welfare. Aggressive solicitation also undermines the public’s inherent right to use and enjoy public places without being accosted by persons demanding money or goods in a forceful manner. The actions of individuals engaged in aggressive solicitation likewise can create a climate of intimidation and anxiety among members of the public, who when confronted legitimately fear harm if they refuse to give in to the solicitations of individuals engaged in this type of conduct.
(c) Aggressive solicitation usually includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrians. The Council further finds that the presence of individuals who solicit from persons at or near banks or automated teller machines (and similar retail financial businesses), in parking lots, at transit stops and in certain other public locations is especially threatening and dangerous. Such activity often carries with it an implicit threat to both person and property.
(d) The Council further finds as abusive the solicitation of 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. Such places include parking lots and structures, transit stops and outdoor dining areas. Aggressive and targeted solicitation of commercial customers as they enter and exit restaurants, bars and cafes has become increasingly disturbing to residents and business, and threatens the economic vitality of the City. Restricting solicitation in such locations will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid solicitation, and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations.
(e) The restrictions contained herein are neither overbroad nor vague and are narrowly tailored to serve a substantial governmental interest. Furthermore, in enacting this legislation, the Council recognizes the availability of warnings, community service or other sentencing alternatives, which may be appropriate remedies for violations of this law.
(Code 2002 § 90-410. Ord. No. 13-9, § 1)
9.08.020 Definitions.
(a) “Solicit” or “solicitation” shall mean any request made in person seeking an immediate donation of money or other item of value, using the spoken, written, or printed word, or bodily gestures, signs, or other means. A person shall not be deemed to be in the act of solicitation 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 solicitation to any specific person, other than in response to an inquiry by that person.
(b) “Donation” means a gift of money or other item of value.
(c) “Aggressive solicitation” means to do one or more of the following while engaging in solicitation or immediately thereafter:
(1) Coming closer than three feet to the person solicited unless and until the person solicited indicates that he or she wishes to make a donation;
(2) Blocking or impeding the passage of the person solicited;
(3) Following the person solicited by proceeding behind, ahead or alongside of him or her after the person solicited declines to make a donation;
(4) Threatening the person solicited with physical harm by word or gesture, either before, during or after solicitation;
(5) Abusing the person solicited with words which are offensive and inherently likely to provoke an immediate violent reaction;
(6) Touching the solicited person without that person’s consent;
(7) Engaging in solicitation activity in any of the prohibited places specified in this chapter.
(d) “Public place” means a place to which a governmental entity has ownership or to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, parking lot, transportation facility, shopping center, school, place of amusement, park, or playground.
(e) “Automated teller machine” shall mean a device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
(f) “Automated teller machine facility” shall mean the area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers after regular banking hours.
(g) “Check cashing business” shall mean any person duly licensed by the Attorney General to engage in the business of cashing checks, drafts or money orders for consideration pursuant to Section 1789.31 of the California Civil Code.
(h) “Public transportation vehicle” shall mean 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.
(Code 2002 § 90-411. Ord. No. 13-9, § 1)
9.08.030 Aggressive solicitation prohibited.
It shall be unlawful for any person to engage in aggressive solicitation (as defined in Section 9.08.020(c)) on a public street or sidewalk or in another place open to the public, whether publicly or privately owned.
(Code 2002 § 90-412. Ord. No. 13-9, § 1)
9.08.040 Locations where solicitation prohibited.
Solicitation shall be prohibited when the person solicited is in any of the following locations:
(1) Within 50 feet of any entrance or exit of any automatic teller machine, automated teller machine facility, bank, savings and loan association, credit union, or check cashing business during its business hours or within 30 feet of any automated teller machine during the time that it is available for customers’ 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 to the automated teller machine facility. Nothing in this subsection shall prohibit the lawful vending of goods and services within such areas.
(2) Within 30 feet of any bus or other public transportation vehicle stop.
(3) Within any public parking lots or structures.
(4) Within 30 feet of any outdoor dining areas of restaurants, cafes or other dining establishments serving food for immediate consumption.
(5) Within 30 feet of a queue of five or more persons waiting to gain admission to a place or vehicle, or waiting to purchase an item or admission ticket.
(Code 2002 § 90-413. Ord. No. 13-9, § 1)
9.08.050 Penalty.
Violation of this chapter is punishable as an infraction. Any person who violates any section of this chapter three times or more within a one-year period may be charged with a misdemeanor.
(Code 2002 § 90-414. Ord. No. 13-9, § 1)