Berkeley Municipal Code Ch. 13.37 Limitation of the Time, Place and Manner of Solicitation for The…

For the purposes of this chapter the following terms shall be defined as set forth in this section.

A. "Coerces, threatens, hounds or intimidates the person solicited" means soliciting another in any of the following manners:

1. The solicitor acts in a manner which would cause a reasonable person who was solicited to fear for their own safety. Factors to be weighed in determining whether the behavior would cause a reasonable person to fear for their own safety include but are not limited to, the making of threatening gestures, the proximity of the solicitor to the person solicited, the duration of the solicitation, making physical contact with the person solicited.

2. The person who solicits persists in following the person solicited closely, after the person being solicited has informed the solicitor by words or conduct that such person does not want to be solicited.

B. "Public place" means a publicly owned building and premises appurtenant thereto, any public park, sidewalk, or other right of way open to the general public and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, and streets. This chapter does not regulate solicitation on private property.

C. "Solicit" means to ask for the immediate payment of money or goods, whether or not in exchange for goods, services or other consideration, by words, bodily gestures, signs or other means.

D. "Solicitor" means one who solicits as defined herein. (Ord. 6371-NS § 1 (part), 1997; Ord. 6282-NS § 3 (part), 1995; Ord. 6266-NS § 1 (part), 1994)

A. It is unlawful for any person to solicit another in any public place at the times, locations and in the manner specified below:

1. In any manner which coerces, threatens, hounds, or intimidates the person solicited;

2. Within ten feet of any automatic teller machine in the City.

B. Nonexclusivity. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws. (Ord. 6371-NS § 1 (part), 1997; Ord. 6266-NS § 1 (part), 1994)

Any person who shall be convicted of a violation of any of the provisions of this chapter shall be deemed guilty of an infraction and shall be punishable as set forth in Chapter 1.20 of this code. (Ord. 6371-NS § 1 (part), 1997; Ord. 6266-NS § 1 (part), 1994)