Canyon Lake Municipal Code Ch. 14.50 Solicitation

The City Council hereby finds, determines and declares that:

(a) Solicitations made in an aggressive manner are unsafe and disruptive to persons in the City of Canyon Lake and are a threat to public health, safety, and general welfare. Aggressive solicitations typically include approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic.

(b) An increase in aggressive solicitation throughout the city has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder.

(c) Aggressive solicitation from people in places where they are a "captive audience" in which it is impossible or difficult for them to exercise their own right to decline to listen to or to avoid solicitation from others, is problematic, detracts from the rights of persons in the city to quietly enjoy public facilities and presents a risk to the health, safety and welfare of the public.

(d) The presence of individuals who solicit money from persons at or near banks or automated teller machines is especially threatening and dangerous. Such activity often carries with it an implicit threat to both person and property. Restricting solicitation in such places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid such solicitations, and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations.

(e) Aggressive solicitation on roadway median strips, at traffic intersections, in public parking lots and in the public roadway and lingering and loitering on a median are unsafe and hazardous for solicitors, drivers, pedestrians, and the general public. Aggressive soliciting on roadway median strips, at traffic intersections, in public parking lots 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.

(f) The Council's intent in enacting this chapter is not to interfere with the exercise of First Amendment rights of those engaged in solicitation on roadway median strips, at traffic intersections, in public parking lots and in the public roadway and lingering and loitering on the medians, but only to minimize the safety hazards of those in such areas as well as the drivers and passengers in vehicles near these areas and in a manner to minimize those safety hazards.

(g) The practice of aggressive 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, 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.

(h) The restrictions of this Chapter are content neutral and are narrowly tailored to serve a significant governmental interest, but still provide alternative avenues of communication.

(i) The reasonable time, place, manner restrictions in this Chapter avoid the negative effects of aggressive solicitation and solicitation in unsafe places and will not unreasonably restrict free speech of people engaged in solicitation.

(Ord. 211, passed 10-6-2021)

(a) This Chapter is adopted pursuant to the authority granted to the City of Canyon Lake in Article XI, Section 7 of the California Constitution.

(b) The purpose and intent of this Chapter is to protect public health, safety and the general welfare of people in the City of Canyon Lake and improve the quality of life and economic vitality of the City of Canyon Lake by imposing reasonable time, place, manner, restrictions on certain forms of solicitation while respecting the constitutional rights of free speech for all citizens as further described in the findings set forth in Section 14.50.010.

(Ord. 211, passed 10-6-2021)

The provisions of this Chapter shall apply generally to all property throughout the City wherein any of the conditions specified in this Chapter are found to exist; provided, however, that any condition that constitutes a violation of this Chapter, but which is permitted or authorized under any local, state or federal law, shall not be deemed to violate this Chapter.

(Ord. 211, passed 10-6-2021)

As used in this Chapter, the following words, terms and phrases shall have the following meanings, unless a different meaning is apparent from the context or is specified elsewhere in this Chapter:

(a) "After dark" means any time from one-half hour after sunset to one-half hour before sunrise.

(b) "Aggressive manner" means any of the following:

(1) Conduct intended or likely to cause a reasonable person to fear bodily harm to oneself or to another, damage to or loss of property, or 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;

(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 violent or threatening gestures toward a person; or

(5) Persisting in closely following or approaching a person, after the person has informed a solicitor 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.

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

(d) "Automated teller machine facility" means the area comprised of one or more automated teller machines, and any adjacent space that is made available to banking customers after regular banking hours.

(e) "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.

(f) "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., as may be amended.

(g) "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.

(h) "Donation" shall mean a gift of money or other item of value.

(i) "Financial institution" includes a bank, savings and loan association, credit unions and check cashing business.

(j) "Linger on a median" means remaining in a median longer than two traffic signals cycles, except in an emergency or except where the median is specifically designated for pedestrians or equestrians.

(k) "Loiter on a median" means standing or lingering in a median for any purpose other than to safely and lawfully cross the street, except in an emergency or except where the median is specifically designated for pedestrians or equestrians.

(l) "Median" shall mean a paved or planted area of public right-of-way that divides a street or highway according to the direction of travel.

(m) "Motor vehicle" means any propelled vehicle or vehicle drawn by a power other than muscular power, other than a motorized wheelchair.

(n) "Public place" means a place to which the public or a substantial group of persons has access, and includes, without limitation, any street, highway, sidewalk, median, 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.

(o) "Public transportation vehicle" means any vehicle, including a trailer bus, or train, designed, used or maintained for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire.

(p) "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 1752 of the Federal Credit Union Act, as amended.

(q) "Solicit" shall mean to ask, beg, request or panhandle using 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.

(r) "Solicitor" means one who solicits as defined in this section.

(Ord. 211, passed 10-6-2021)

No person shall solicit in an aggressive manner in any public place.

(Ord. 211, passed 10-6-2021)

(a) Financial institutions and Automated Teller Machines (ATMs). No person shall solicit within 25 feet of any entrance or exit of any financial institution during its business hours or within 25 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, such distance shall be measured from the entrance or exit of the automated teller machine facility. No person shall solicit 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.

(b) Parking lots. No person shall solicit in any public parking lot or structure any time after dark.

(c) Public transportation vehicles and stops. No person shall solicit in any public transportation vehicle or within 50 feet of any designated or posted public transportation vehicle stop.

(d) Gasoline stations, fuel pumps, and electric vehicle charger. No person shall solicit from an operator or occupant of a motor vehicle while such vehicle is stopped in a gasoline station, at a fuel pump, or at an electric vehicle charger.

(e) Driveways accessing shopping center, retail and business establishments. No person shall solicit from an operator or occupant traveling in a motor vehicle while such vehicle is located within 25 feet of a driveway providing vehicular access to a shopping center, retail or business establishment.

(f) Medians.

(1) No person shall linger on a median.

(2) No person shall loiter on a median.

(3) No person shall solicit upon any median.

(g) Dining establishments. No person shall solicit in any restaurant or other dining establishment serving food for immediate consumption.

(h) No person shall solicit in any restroom open to the public.

(Ord. 211, passed 10-6-2021)

The provisions of Section 14.50.060 shall not be construed to prohibit:

(a) The right to exercise protected free speech;

(b) The lawful vending of goods and services;

(c) Solicitations related to business authorized by or conducted by the property owner, business owner, or employees thereof on the premises;

(d) Solicitations related to the lawful towing of a vehicle; or

(e) Solicitations related to emergency repairs requested by the operator or other occupant of a motor vehicle.

(Ord. 211, passed 10-6-2021)

Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code including, but not limited to, the following:

(a) Civil enforcement.

(1) Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance.

(2) As a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, and any permit issued pursuant to this Chapter deemed null and void.

(3) Any monies unlawfully obtained as a result of violation of this Chapter shall be disgorged and paid to the City.

(b) Administrative citations and civil penalties.

(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be subject to administrative citation and to a fine subject to the provisions of Chapter 11.26 of this Code.

(2) The City Attorney may, in his or her sound discretion, utilize all processes or remedies legally available to collect amounts owing hereunder.

(c) Criminal enforcement.

(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000 or imprisonment in the City or County jail for a period of not more than six months, or by both such fine and imprisonment.

(2) The City Attorney, in his or her sound discretion, may prosecute a violation of this Chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under the provisions of this Chapter shall be punished by a fine not exceeding $100 for the first violation, a fine not exceeding $200 for a second violation within one year, and a fine not exceeding $500 for a third violation within one year. A fourth violation of this Chapter within one year shall be charged as a misdemeanor and may not be reduced to an infraction.

(3) Each day a violation is committed or permitted to continue shall constitute a separate offense.

(d) The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law. The penalties herein are in addition to any other remedies provided by law and the payment of any penalty herein shall not relieve a person of the obligation to correct the violation.

(e) The prevailing party in any judicial action, administrative proceeding, or special proceeding to enforce this Chapter may recover its reasonable attorneys' fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. A "judicial action" includes, but is not limited to, any civil or criminal action, inspection or abatement warrant or appeal. An "administrative proceeding" includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the City, or cost recovery hearing. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this Section.

(Ord. 211, passed 10-6-2021)