Bakersfield Municipal Code Ch. 9.32 Panhandling/Soliciting

Sections: 9.32.010 Definitions. 9.32.020 Unlawful solicitation. 9.32.030 Solicitation under false pretenses prohibited. 9.32.040 Exemptions. 9.32.050 Penalty. 9.32.060 Severability.

For the purpose of this chapter, the following words shall have the following meanings, unless the context clearly indicates otherwise:

A. “After dark” means any time from one-half hour after sunset to one-half hour before sunrise.

B. “Aggressive manner” means any of the following:

1. Approaching or speaking to a person, or following a person before, during or after soliciting, 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, goods, or other things of value;

2. Approaching an occupied vehicle by entering into the roadway when traffic is either stopped or moving,
before, during or after soliciting;

3. Knocking or tapping on the window of, or physically reaching towards or into an occupied vehicle before,
during or after soliciting;

4. Continuing to solicit from a person after the person has given a negative response to such solicitation;

5. Intentionally touching or causing physical contact with another person without that person’s consent in
the course of soliciting;

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 soliciting;

7. Using violent or threatening gestures toward a person before, during or after soliciting;

8. Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent
reaction, either before, during or after soliciting;

9. Following a person while soliciting, with the intent of asking that person for money, goods, or other
things of value.

C. “Automated teller machine” means 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.

D. “Bank” means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.

E. “Check cashing business” means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code.

F. “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.

G. “Median” means the dividing area, either paved or landscaped, between opposing lanes of traffic on a highway or street.

H. “Public place” means 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, transportation facility, school, place of amusement, park, playground.

I. “Public transportation vehicle” means any vehicle, including a trailer bus, designed, used, or maintained for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire.

J. “Solicit” means to ask for money or objects of value, with the intention that the money or object be transferred at the time, and at that place. Soliciting 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. (Ord. 4768 § 1, 2014)

It is unlawful for any person to:

A. Solicit in an aggressive manner in any public place.

B. Solicit within twenty feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours.

C. Solicit within twenty feet of any automated teller machine.

D. Solicit in any public transportation vehicle, or within twenty feet of a bus stop or bus shelter.

E. Solicit in any public or private parking lot or structure any time after dark.

F. Solicit while located in any public median strip on roadways. (Ord. 4768 § 1, 2014)

No person shall knowingly make a false or fraudulent representation or use false pretenses to obtain money, goods, or things of value. (Ord. 4768 § 1, 2014)

The following actions are exempted from this chapter:

A. Solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;

B. Solicitations related to the lawful towing of a vehicle;

C. Solicitations related to emergency repairs requested by the operator or other occupant of a vehicle; or

D. Solicitations otherwise allowed by law. (Ord. 4768 § 1, 2014)

Any person who violates any provision of this chapter is subject to any and all penalties subject to Title 1 Section 1.40.010 of the Bakersfield Municipal Code. (Ord. 4768 § 1, 2014)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of the chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid under law. (Ord. 4768 § 1, 2014)