Chapter 9.72
AGGRESSIVE AND UNSAFE SOLICITING
Sections:
9.72.010 Purpose and findings.
9.72.030 Aggressive solicitations prohibited.
9.72.040 All solicitations prohibited at specified locations.
9.72.060 Regulations nonexclusive.
9.72.010 Purpose and findings.
A. This chapter is intended to protect the safety and welfare of the general public and to improve the quality of life and economic vitality of the City by imposing regulations against aggressive and unsafe soliciting. This chapter imposes reasonable time, place, and manner limitations on aggressive and unsafe soliciting while respecting the constitutional rights of free speech for all citizens.
B. Soliciting in the public roadway is unsafe and subjects solicitors, pedestrians, and vehicles to an unacceptable level of danger. Drivers become distracted from their primary duty to watch traffic, which results in the delay and obstruction of the public’s free flow of travel. These activities further result in the congestion and blockage of streets when such persons approach vehicles in the public right-of-way to solicit or negotiate with the occupants. The most severe impacts are experienced when money or other items of value are directly and immediately exchanged, hand-to-hand, in the public right-of-way as a result of the solicitation. Distracted drivers are more prone to be involved in automobile accidents, and accidents on the public streets constitute a substantial traffic safety problem.
C. The practice of soliciting near driveways that provide access to shopping centers, retail and business establishments and other public places presents an unacceptable level of danger for solicitors, pedestrians, and vehicles. The location of the solicitor near the driveway interferes with a driver’s vision and ability to safely enter and exit the driveway and results in the delay and obstruction of motorists’ free flow of travel when such person approaches the vehicles to solicit or negotiate with the occupants. Furthermore, drivers become distracted from their duty to watch traffic as they maneuver to avoid a solicitor who is preventing safe access to and from the driveway, causing vehicular congestion and blockage of traffic. This not only inconveniences parking lot patrons, but potentially increases the occurrence of traffic accidents. As set forth above, distracted drivers are more prone to automobile accidents and the safety risk to the solicitors is also increased.
D. Aggressive soliciting, including approaching or following pedestrians, the use of threatening or abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic, is abusive and detracts from the rights of citizens to the quiet enjoyment of public places. The City Council further finds as abusive the solicitation of people in places where they are a “captive audience” such as banks or automated teller machines and facilities, and public transportation vehicles, in which it is impossible or difficult for such persons to exercise their own right to decline to listen to or to avoid solicitation from others. Solicitation at such places often carries with it an implicit threat to both persons and property and increases the vulnerability to intimidation to the people being solicited since they must frequently have cash out or readily available at such sites, creating an unacceptable risk of loss of property and to such people’s safety and welfare. Restricting solicitation in such places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid such solicitations, and will help avoid or diminish the threat of violence in such unwarranted and unreasonable intrusions.
E. The ordinance codified in this chapter is timely and appropriate because current laws and City regulations are insufficient to address the aforementioned problems. Furthermore, in enacting the ordinance codified in this chapter, the City Council recognizes the availability of community service and other sentencing alternatives which may be appropriate for persons who violate this chapter. The restrictions contained herein are neither overbroad nor vague, and are narrowly tailored to serve a substantial governmental interest, which is to protect citizens from traffic safety problems, along with intrusive conduct and personal intimidation that accompany certain kinds of solicitation that have become an unwelcome and oppressive presence in the City.
F. Reasonable time, place, and manner limitations on aggressive and unsafe soliciting will avoid these negative effects and will not unreasonably restrict the expressive activity of people engaging in solicitation.
G. Whenever any reference is made herein to any local law or regulation or to any state or federal statute, regulation or other law, the reference includes any subsequent amendment or superseding provision of such statute, regulation or law.
(Ord. 1881, Added, 04/14/15)
9.72.020 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another meaning or intent:
“Aggressive manner” shall mean any of the following conduct in the course of soliciting, or occurring immediately before or after a solicitation:
1. Approaching or speaking to a person, or following a person before, during or after soliciting, if that conduct is intended or 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 to such person;
2. Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s or occupant’s consent in the course of soliciting;
3. Intentionally blocking, delaying 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 or motions toward a person solicited either before, during or after soliciting;
5. Persisting in closely following or approaching a person, after the person 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 other thing of value to the solicitor; or
6. Using profane, offensive, or abusive language which is inherently likely to provoke fear or an immediate violent reaction in another person, either before, during or after soliciting that person.
“Automated teller machine” shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or savings account.
“Automated teller machine facility” shall mean the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers before, during or after regular banking hours.
“Commercial driveway” shall mean any driveway that provides vehicular access to a shopping center, retail or business establishment or other public place from a public street or highway.
“Financial institution” shall mean any of the following entities:
1. “Bank” means any member of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or any other banking institution organized or operated under the law of the United States, and any banks the deposits of which are insured by the Federal Deposit Insurance Corporation.
2. “Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.
3. “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.
4. “Check cashing business” means any person duly licensed as a check seller, commencing with Section 12000 of the California Financial Code.
“Median” or “median strip” shall mean a paved, unpaved or planted area of public right-of-way, dividing a public street or highway into opposing lanes of travel.
“Public place” shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, 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 street or highway” shall mean all of that area dedicated to public use for vehicular travel, including but not limited to roadways, parkways and median strips.
“Public transportation vehicle” shall mean (1) any vehicle, including a trailer bus or shuttle, that is designed, used or maintained for carrying 10 or more persons, including the driver, or (2) a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire.
“Solicit” or “soliciting” shall mean the use of spoken, written, or printed words, or bodily gestures, signs or other methods for the purpose of obtaining a direct and immediate receipt of money or other thing of value or soliciting the direct and immediate sale of goods or services. “Solicit” or “soliciting” shall not include such activities that merely involve communications and informational exchanges that do not involve or call for the direct and immediate receipt of money or other thing of value.
“Solicitation” shall mean the act of soliciting.
(Ord. 1881, Added, 04/14/15)
9.72.030 Aggressive solicitations prohibited.
No person shall solicit in an aggressive manner in any public place.
(Ord. 1881, Added, 04/14/15)
9.72.040 All solicitations prohibited at specified locations.
A. Public Streets or Highways.
1. No person shall stand in a public street or highway and solicit from the driver or occupant of any unparked motor vehicle, or from any motor vehicle that is stopped in, or blocking, a lane of traffic.
2. No person, while the driver or occupant of an unparked motor vehicle or a motor vehicle that is stopped in, or blocking, a lane of traffic, shall solicit from any person who is on a public street or highway.
3. The foregoing restrictions shall not apply to any motor vehicle that is legally parked.
B. Soliciting or Loitering in Median Strip. Except as otherwise permitted by law, it is unlawful for any person to solicit or loiter in or on a median strip within a public street or highway. For the purposes of this section, “loiter” shall mean to linger or remain in or on a median strip for any purpose unrelated to safely traversing a street or other roadway, except in an emergency. This section shall not apply to authorized City personnel or contractors who are repairing or maintaining the median strip or adjacent roadway.
C. Commercial Driveways. No person shall solicit within 15 feet of a commercial driveway. The 15-foot distance shall be measured from the edge of the driveway.
D. Public Transportation Vehicles. No person shall solicit in any public transportation vehicle.
E. Financial Institutions and Automated Teller Machines. No person shall solicit:
1. Within 15 feet of any entrance or exit of any financial institution during its business hours.
2. Within 15 feet of any automated teller machine, automated teller machine facility, or person standing in line to use any automated teller machine or facility during the time 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 of the automated teller machine facility.
3. Within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility.
4. The foregoing restrictions shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary function is unrelated to banking activities, including but not limited to supermarkets and other retail businesses; provided, that such automated teller machine is only available for use during the regular hours of operation of the building, structure or space in which such machine is located.
(Ord. 1881, Added, 04/14/15)
9.72.050 Penalty.
Every violation of this chapter is an infraction, except that a violation may be charged as a misdemeanor after five or more convictions for violation of any provision of this chapter within a 36-month period.
(Ord. 1881, Added, 04/14/15)
9.72.060 Regulations nonexclusive.
The provisions of this chapter are not intended to be exclusive and nothing in this chapter in any way limits or precludes the enforcement of any other applicable laws, or any other remedy that may be available to the City for conduct that violates this chapter.
(Ord. 1881, Added, 04/14/15)