Bellflower Municipal Code Ch. 9.44 Aggressive Solicitation

This Chapter is adopted in accordance with Article XI, Section 7 of the California Constitution for the purpose of protecting the community from aggressive solicitors who, through their actions, intimidate the public; inhibit pedestrian and vehicle traffic; and interfere with the public's customary and enjoyable use of private and public property.

(Ord. 1380 § 2, 10/28/19)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of words and phrases used in this Chapter:

"After dark"

means any time from one-half hour after sunset to one-half hour before sunrise.

"Aggressive manner"

means any of the following:

Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, 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;

Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging;

Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle, by any means, or the blocking or interfering with pedestrian or vehicular access to any building, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact or to gain entrance to a building;

Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking, or begging;

Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

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

"Automated teller machine"

means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.

"Automated teller machine facility"

means the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

"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.

"Check cashing business"

means any person duly licensed as a check seller, bill payer, or prorater pursuant to California Financial Code Section 12000, et seq.

"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.

"Public place"

means a place to which the public or a substantial group of persons has access, including, without limitation, 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 transportation vehicle"

means any vehicle, including a trailer bus, designed, used or maintained for carrying 10 or more persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire.

"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, as may be amended from time to time.

"Solicit, ask, or beg"

includes using the spoken, written, or printed word, or 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. 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 donation, is a donation for the purpose of this Chapter.

(Ord. 1380 § 2, 10/28/19)

A person is not soliciting for the purpose of this Chapter when the person passively displays a sign or gives any other indication that the person is seeking donations, and where the person does not address his or her solicitation to any specific person other than in response to an inquiry by that person.

(Ord. 1380 § 2, 10/28/19)

A. It is unlawful for any person to solicit, ask or beg in an aggressive manner in any public place.

B. It is unlawful for any person to solicit, ask, or beg in any public restroom or within 15 feet of the entrance to a public restroom.

C. It is unlawful for any person to approach an operator or occupant of a motor vehicle for the purpose of soliciting, asking or begging while such vehicle is located in any public place.

D. It is unlawful for any person to solicit, ask or beg in any public transportation vehicle.

(Ord. 1380 § 2, 10/28/19)

A. It is unlawful for any person to solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within 15 feet of any automated teller machine during the time it is available for customers' use. When an automated teller machine is located within an automated teller machine facility, distance is measured from the entrance or exit of the automated teller machine facility.

B. It is unlawful for any person to solicit, ask or beg 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.

1. Nothing in this section may be construed to prohibit the lawful vending of goods and services within an automated teller machine facility.

2. This section does not apply to any unenclosed automated teller machine located within any building, structure, or space whose primary purpose of function is unrelated to banking activities, including, without limitation, supermarkets, airports, and school buildings, provided that such automated teller machine is available for use only during the regular hours of operation of the building, structure, or space in which such machine is located.

(Ord. 1380 § 2, 10/28/19)

It is unlawful for any person to solicit, ask or beg in any parking lot or structure any time after dark. This prohibition does not apply to any of the following:

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; or

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

(Ord. 1380 § 2, 10/28/19)

Before any law enforcement officer may cite or arrest a person under this Chapter, the officer must warn the person that his or her conduct violates this Chapter and must give the person an opportunity to comply with this Chapter.

(Ord. 1380 § 2, 10/28/19)