Antioch Municipal Code Art. 3 Solicitation of Motorists

The City Council finds that solicitors, as defined herein, create the following traffic safety issues when they are present in the center median or in the middle location of streets:

(A) Seatbelted drivers, when reaching for their wallets or money, or when lowering windows, can ease up on their brake pedals, causing their vehicle to roll past the limit line and into an intersection;

(B) Drivers who may feel intimated by the close proximity of the solicitor may stop well behind or well beyond the limit line, thus either confusing drivers behind or not triggering a traffic signal device or entering into opposing traffic;

(C) Drivers who wish to give the solicitor money, while reaching for monies or rolling down a window, may not observe that their traffic signal has turned green, creating the potential for delays and possible accidents from vehicles behind;

(D) With the solicitor in close proximity to the driver, drivers can become distracted by the solicitor and may not observe other traffic hazards such as signals, pedestrians or other vehicles;

(E) By remaining for long periods of time in the center of the street, solicitors increase the danger to themselves that they may be struck by an errant vehicle.

(F) Solicitors who are holding or wearing advertising or directional signs are distracting to drivers when they stand and move about with their signs in the median or center areas of streets;

(G) The Council, in enacting this article, does so pursuant to its police power as stated in Article XI, Section 7 of the California Constitution, in addition to the power set forth in Cal. Penal Code § 647(f). This article is timely and appropriate because current state laws and city ordinances are insufficient to address the stated problems.

(H) This article is not intended to limit any person from exercising their constitutional right to solicit funds, protest or engage in other constitutionally protected activity. Rather, its goal is to protect citizens and solicitors themselves from various traffic safety concerns as expressed herein.

(Ord. 1066-C-S, passed 1-24-06)

As used in this article:

SOLICIT means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication such as by merely standing or sitting in the designated area for an extended period of time. SOLICIT also means to hold or wear a sign advertising or providing direction for commercial purposes.

SOLICITOR means any person who stands, sits or remains at or near the center of a street or highway, either in a median strip or otherwise, to solicit.

(Ord. 1066-C-S, passed 1-24-06)

It is unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services, or to hold or wear an advertising or directional sign:

(A) From at or near the center of a street or highway, in a median strip or otherwise;

(B) From at or near the center of a privately-owned driveway which intersects with a public street where the solicitor is located within the public right-of-way;

(C) From at or near the center of a privately-owned driveway which intersects with a public street when the agent in charge of such property has filed a written request for enforcement of this article with the Chief of Police and where such private property is signed and designated for public enforcement pursuant to § 4-5.411 of this code.

(Ord. 1066-C-S, passed 1-24-06) Penalty, see §§ 1-2.01 et seq.