Beaumont Municipal Code Ch. 9.36 Panhandling, Soliciting and Aggressive Solicitation

The City Council finds that the problems of panhandling, solicitation, and aggressive solicitation are among the most difficult and vexing faced by the City and that prior approaches have failed.

The City Council finds that aggressive solicitation in public and private places threatens residents' and visitors' safety, privacy and quality of life. The City Council desires to establish a policy that preserves citizens' right to enjoy public spaces free from fear and harassment while protecting the free speech rights of individuals and groups.

(Ord. 943)

The following definitions shall apply to the terms used herein:

A. "Soliciting" or "panhandling" shall mean to approach with a request or plea, to ask for the purpose of receiving, to endeavor or obtain by asking or pleading, propositioning, or to entreat, implore or importune. Soliciting shall include the use of the spoken, written or printed word, bodily gestures, signs or other means, with the purpose of trying to obtain something, such as money, employment, business, signatures, or votes.

B. "Aggressive solicitation" shall mean:

1. Continuing to solicit from a person after the person has given a negative response to such soliciting;

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

3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, causing the pedestrian or vehicle to take evasive action to avoid physical contact;

4. Using violent or threatening gestures toward a person solicited;

5. Following the person being solicited.

C. "Public place" shall mean a place where a governmental entity has title, 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, school, place of amusement, park or playground.

D. "Check cashing business" shall mean any person licensed by the Attorney General to engage in the business of cashing checks, drafts or money orders for consideration pursuant to California Civil Code, Section 1789.31.

E. "Automated teller machine" shall mean 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.

(Ord. 943)

No person shall engage in aggressive solicitation in any public place.

(Ord. 943)

A. No person shall solicit or panhandle within 30 feet of any entrance or exit of a bank, credit union, check cashing business or within 30 feet of an automated teller machine without the consent of the owner of the property or other person legally in possession of such business or machine.

B. No person shall solicit or panhandle an operator or other occupant of a motor vehicle while such vehicle is located on any street or highway, on-ramp or off-ramp.

C. No person shall solicit or panhandle in any public transportation vehicle, or any public or private parking lot or structure.

(Ord. 943)

Before any law enforcement officer may cite or arrest a person under this Chapter, the office must have first warned the person that his or her conduct is in violation of this Code and must give the person an opportunity to comply with the provisions of this Code.

(Ord. 943)

In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an administrative citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040.

Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six months in jail, or both.

(Ord. 943; Ord. 997, 5-3-11)

If any section, sentence, clause or phrase of this law is held invalid or unconstitutional by any Court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law.

(Ord. 943)