CHAPTER 9.26
AGGRESSIVE SOLICITATION PROHIBITED
Section
9.26.040 Penalty for violation
9.26.010 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE MANNER.
1. Approaching or speaking to a person, or following a person before, during or after panhandling, if that conduct 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; or if the conduct is intended to have these effects.
2. Approaching an occupied vehicle by entering into a public street or private roadway when traffic is either stopped or moving, before, during, or after panhandling;
3. Knocking on the window of, or physically reaching toward or into an occupied vehicle before, during, or after panhandling;
4. Continuing to solicit from a person after the person has given a negative response to the panhandling;
5. Intentionally touching or causing physical contact with another person without that person’s consent in the course of panhandling;
6. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact before, during, or after panhandling;
7. Using violent or threatening gestures toward a person before, during, or after panhandling;
8. Using profane, offensive, or abusive language toward a person before, during, or after panhandling;
9. Panhandling while under the influence of alcohol or any illegal narcotic or controlled substance; or
10. Closely following a person while panhandling, with the intent of asking that person for money, goods, or other things of value.
PANHANDLING or PANHANDLE. Asking, soliciting, or begging for money or objects of value, with the intention that the money or object be immediately paid or transferred at that time, and at that place. PANHANDLING 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.
PUBLIC PLACE. A place where a governmental entity has title or 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, shopping center, school, place of amusement, park, or playground.
PUBLIC TRANSPORTATION VEHICLE. Any vehicle designed, used, or maintained for carrying eight (8) or more passengers for hire.
(Ord. 852, § 2, passed -- 2005)
9.26.020 PURPOSE OF ORDINANCE.
The intent of the City Council in enacting this ordinance, and the purpose of this ordinance, is 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 panhandling in all places and all forms of panhandling in certain locations, by imposing reasonable manner and place restrictions on panhandling while respecting the constitutional rights of free speech for all citizens.
(Ord. 852, § 2, passed -- 2005)
9.26.030 UNLAWFUL PANHANDLING.
It is unlawful and a public nuisance for any person to:
A. Panhandle in an aggressive manner in any public place;
B. Panhandle an operator or other occupant of a motor vehicle while the vehicle is located at an intersection of any street or highway, or at a driveway; provided, however, that this paragraph shall not apply to services rendered in connection with emergency services or repairs requested by the operator or passenger of the vehicle;
C. Panhandle in any public transportation vehicle, or in any public or private parking lot or parking structure; and/or
D. Panhandle in a restaurant, including any outdoor or indoor dining area of a restaurant, or other establishment serving food for immediate consumption, or within 20 feet of the entrance to or exit from the restaurant or other establishment serving food for immediate consumption, if the person soliciting, asking, or begging remains there after being asked to leave by the owner, manager, supervisor, or other authorized agent of the restaurant or other establishment.
(Ord. 852, § 2, passed -- 2005)
9.26.040 PENALTY FOR VIOLATION.
Any violation of this chapter shall be deemed an infraction, and upon conviction thereof shall be punishable as provided in Chapter 1.12.
(Ord. 874, § 21, passed 8-25-2008)