Chapter 9.44
ABUSIVE SOLICITATION
Sections:
9.44.030 Locations where solicitation is prohibited.
9.44.035 Soliciting prohibited.
9.44.040 Violation and penalties.
9.44.010 Purpose.
It is the intent of this chapter to impose reasonable place and manner limitations on solicitation, as defined herein, in order to protect the safety of the general public against abusive solicitation while respecting the constitutional right of free speech.
(Ord. 2011-01, Added, 02/01/2011)
9.44.020 Definitions.
The following words or phrases as used in this chapter shall have the following meanings:
A. “Solicitation” means any request made in person seeking an immediate donation of money or other item of value.
B. “Donation” means a gift of money or other item of value and shall also include the purchase of an item for an amount far exceeding its value under circumstances where a reasonable person would understand that the purchase is in substance a gift.
C. “Abusive solicitation” means to do one (1) or more of the following while engaging in solicitation or immediately thereafter:
1. Coming closer than three (3) feet to the person solicited unless and until the person solicited indicates that he or she wishes to make a donation;
2. Blocking or interfering with the safe or free passage of the person solicited or vehicle occupied by the person solicited by any means, including unreasonably causing the person or vehicle operator to take evasive action to avoid physical contact;
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. Acting in a manner that 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 into giving money or other thing of value;
5. Threatening the person solicited with physical harm by word or gesture;
6. Abusing the person solicited with words which are offensive and inherently likely to provoke an immediate violent reaction;
7. Touching the solicited person or a vehicle occupied by the solicited person without the solicited person’s consent; or
8. Engaging in solicitation activity in any of the prohibited places specified in Section 9.44.030.
(Ord. 2011-01, Added, 02/01/2011)
9.44.030 Locations where solicitation is prohibited.
Solicitation shall be prohibited when the person solicited is in any of the following locations:
A. Within thirty (30) feet of a posted bus stop;
B. Within a public bus;
C. Within a vehicle on public streets or alleyways;
D. In a public parking lot, except in designated locations;
E. Within an outdoor dining area of a restaurant or other dining establishment serving food for immediate consumption;
F. Within thirty (30) feet of an automated teller machine;
G. Within thirty (30) feet of any of the entrances to the Galt Market, except in designated locations; or
H. On private property, including private parking lots, if the owner or tenant has asked the person not to solicit on the property, or has posted a sign stating that solicitations are not allowed on the property.
(Ord. 2012-03, Amended, 05/01/2012; Ord. 2011-01, Added, 02/01/2011)
9.44.035 Soliciting prohibited.
Abusive solicitation shall be prohibited.
(Ord. 2011-01, Added, 02/01/2011)
9.44.040 Violation and penalties.
A. Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, licenses, or causes a violation thereof, and shall be punished accordingly.
B. It is unlawful and a public nuisance to violate any of the provisions of this chapter. Any person who engages in solicitation at a prohibited location or engages in abusive solicitation shall be subject to the following penalties:
1. The first violation of this chapter is an infraction punishable by a fine not to exceed one hundred dollars ($100.00).
2. A second violation of this chapter within one (1) year, or the continued violation of this chapter after being directed to cease and desist the unlawful activity, is a misdemeanor.
C. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.
D. In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth in Title 21 of the Galt Municipal Code.
(Ord. 2011-01, Added, 02/01/2011)