Big Bear Lake Municipal Code Ch. 12.70 Aggressive Solicitation

This chapter is intended to protect the public health, welfare, and safety by prohibiting aggressive forms of solicitation in or near roadways or other sensitive locations. This chapter is enacted for the purposes of protecting the privacy and safety of residents in roadways or where they may be actively operating a motor vehicle and thus to ensure the safe and orderly flow of traffic throughout the city.

(Ord. No. 2019-467, § 1, 5-13-2019)

A. "Aggressive manner" shall mean any of the following:

1. Approaching or speaking to a person, or following the 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;

2. 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;

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

4. Using gestures that a reasonable person would regard as threatening or violent toward a person solicited either before, during, or after soliciting, asking, or begging;

5. Persisting in closely following or approaching a person after the person solicited has been solicited and has 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

6. Repeatedly soliciting a person after the person solicited has been solicited and has 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

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

B. "Public place" shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby, or other portion of any business establishment, an apartment house, or hotel not constituting a room or apartment designed for actual residence.

C. "Solicit, ask, or beg" shall include 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.

(Ord. No. 2019-467, § 1, 5-13-2019)

No person shall solicit, ask, or beg in any public place in an aggressive manner.

(Ord. No. 2019-467, § 1, 5-13-2019)

A. Motor Vehicles. No person shall approach an operator or occupant of a motor vehicle for the purpose of soliciting, asking, or begging while such vehicle is being operated in any public place.

B. Parking Lots and Gas Stations. No person shall solicit, ask or beg in any parking lot, parking structure, or gas station.

C. Exemptions. This section shall not apply to any of the following:

1. To solicitations related to business that is being conducted on the subject premises by the owner or lawful tenant; or

2. To solicitations related to emergency repairs requested by the operator or other occupant of a vehicle; or

3. To solicitations on any sidewalk or walkway unless located within ten (10) feet of the vehicular entrance or exit of any parking lot or structure.

(Ord. No. 2019-467, § 1, 5-13-2019)

This chapter is not intended to proscribe any demand for payment for services rendered or goods delivered.

(Ord. No. 2019-467, § 1, 5-13-2019)

This chapter is not intended to restrict the exercise of protected free speech, and is intended to leave open ample alternative means of communication for all members of the community and for all protected speech activities.

(Ord. No. 2019-467, § 1, 5-13-2019)

Nothing in this section shall limit or preclude the enforcement of other applicable laws.

(Ord. No. 2019-467, § 1, 5-13-2019)

Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed five hundred dollars ($500.00), or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Nothing in this article shall limit or preclude the enforcement of other applicable laws.

(Ord. No. 2019-467, § 1, 5-13-2019)