Chapter 9.12 — AGGRESSIVE SOLICITATION

The purpose and intent of this chapter is to protect the safety and welfare of the general public and improve the quality of life and economic vitality of the city by imposing reasonable time, place and manner restrictions on aggressive and intrusive solicitation while respecting the constitutional rights of free speech for all citizens. The purpose of this chapter is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome presence in the city.

(Ord. 953 § 2, 2015)

The city council finds that:

• A. Aggressive and intrusive solicitation typically includes approaching or following pedestrians, the use of abusive language, repeated requests to the same person, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. An increase in aggressive solicitation in the city has become disturbing and disruptive to residents and businesses and has contributed not only to the loss of access to and enjoyment of places open to the public, but has also the potential to create an enhanced sense of fear, intimidation, coercion, and disorder.

• B. Solicitation from people in places where they are a "captive audience" in which it is difficult or impossible for them to exercise their own right to decline or avoid solicitation from others is problematic and presents a risk to the health, safety and welfare of the public. Such places include: ATMs; vehicles in the public right-of-way; near driveways leading to a shopping center; gasoline stations; public transportation vehicles and their designated locations for stops; parking structures; parking lots after dark; outdoor restaurant seating; schools, parks, playgrounds and recreation centers; and public restrooms.

• C. The presence of individuals who solicit money from persons at or near banks or ATMs is especially threatening and dangerous. Such activity often carries with it an implicit threat to both person and property.

• D. Solicitation of drivers or vehicle occupants in the public roadway is unsafe and hazardous for solicitors, drivers, pedestrians, and the general public. Solicitation on roadway median strips, at traffic intersections, and in the public roadway increases the risk of drivers becoming distracted from their primary duty to watch traffic which may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.

• E. The practice of solicitation near driveways accessing shopping centers, retail, and business establishments is unsafe and hazardous for solicitors, drivers, pedestrians and the general public. The location of the solicitor near the driveway compromises the solicitor's safety, impedes visibility, and impairs a driver's ability to safely enter and exit. Drivers also become distracted from their duty to watch traffic that may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.

• F. Solicitation in isolated places can be particularly intimidating because the person being approached may feel vulnerable to undue coercion. Examples include parking structures, or parking lots after dark.

• G. The city wishes to protect those who may be particularly vulnerable to intimidation, such as youth near schools, parks, playgrounds, and recreation centers.

• H. This law is timely and appropriate because current laws and city regulations are insufficient to address the problems cited above.

• (Ord. 953 § 2, 2015)

In this chapter:

"Aggressive" means any of the following:

1. Conduct intended or likely to cause a reasonable person to fear bodily harm to oneself or to another, to fear damage to or loss of property, or otherwise to be coerced or intimidated into giving money or something else of value;

2. Intentionally touching or causing physical contact with someone without that person's consent, or intentionally blocking someone's path;

3. Intentionally touching or causing physical contact with an occupied vehicle without the driver's or owner's consent, or interfering with the vehicle's movement;

4. Hounding someone, repeated requests, or persisting in closely following or approaching a person, after the person has refused to give money;

5. Using profane, abusive or offensive language toward someone while attempting to solicit; or

• Using threatening or violent gestures toward someone while attempting to solicit.

"Automated teller machine (ATM)" means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.

"Donation" means a gift of money or other item of value.

"Financial institution" means any of the following: bank, savings and loan association, credit union, and/or check cashing business.

"Intrusive" means to thrust or force oneself in without invitation, permission, or welcome and cause physical contact, block the path of travel, or behave in a threatening manner.

"Public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to: a street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground; and a doorway, entrance, hallway, lobby or other portion of a business establishment or apartment building.

"Public transportation vehicle" means a bus, taxi or other vehicle used for public transportation.

"Solicit" or "solicitation" means to ask, beg, request, and/or solicit 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. (Regarding soliciting payment for things or services, see municipal code Chapter 5.48.) (Ord. 953 § 2, 2015)

• A. Aggressive Solicitation. No person shall solicit in an aggressive or intrusive manner in any public place.

• B. Specific Locations. No person may solicit at the following locations:

  1. Financial Institutions and ATMs. No person shall solicit within twenty-five feet of a financial institution or ATM. This restriction does not apply to an ATM in a supermarket when the solicitor is outside.

  2. Motor Vehicles. No person shall solicit from a driver or occupant of a motor vehicle:

     • a. When the vehicle is being driven in the public right-of-way; or

     • b. While the vehicle is located within thirty-five feet of a driveway providing vehicular access to a shopping center, retail, or business establishment; or

     • c. While the vehicle is stopped in a gasoline station.

  3. Public Transportation Vehicles or Stops. No person shall solicit in any public transportation vehicle or within thirty-five feet of a designated or posted public transportation vehicle stop.

  4. Parking Lot or Structure. No person shall solicit:

     • a. In any parking structure at any time; or

     • b. In any public or private parking lot after dark. "After dark" means any time from one-half hour after sunset to one-half hour before sunrise.

  5. Dining Area. No person shall solicit in an outdoor dining area when patrons are seated at an establishment.

  6. School, Park, Playground, Recreation Center. No person shall solicit within three hundred feet of a school, park, playground or recreation center.

7. Public Restroom. No person shall solicit in a public restroom.

(Ord. 953 § 2, 2015)

Nothing in this chapter prohibits:

• A. The lawful vending of goods and services.

• B. Peddling (a thing or service) in compliance with the requirements set forth in Chapter 5.48.

• C. Selling related to business authorized by and/or conducted by the property owner, business owner, or employees on the business premises.

• D. Services related to the lawful towing or emergency repairs of a vehicle.

• E. Solicitation for a charity by city law enforcement or other public safety personnel, or current fire services provider firefighters, in compliance with State Business and Professions Code Section 17510.25. To qualify, at least ten business days before a solicitation, the charity must file an application with the chief, to include: (1) date(s) and time(s) and location(s) of the solicitation; (2) the manner and conditions under which the solicitation will occur; and (3) proof of a valid liability insurance policy of at least one million dollars. The chief may impose reasonable conditions.

• F. Activity permitted or authorized under any county, state or federal law. (Ord. 953 § 2, 2015; Ord. 1075, 6/25/2024)

• A. Criminal Penalties. A person who violates Section 9.12.040 of this chapter is guilty of an infraction. A person who violates Section 9.12.040 of this chapter more than two times within a six-month period is guilty of a misdemeanor.

• B. Other Remedies. The city may enforce this chapter by any other remedies available under the municipal code or by law.

• (Ord. 953 § 2, 2015)