Coachella Municipal Code Ch. 12.44 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. 1086, § 1, 2-10-16)

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

B. "Automated teller machine" shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.

C. "Automated teller machine facility" shall mean the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular business hours.

D. "Bank" means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized and operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.

E. "Check cashing business" means any person that customarily provides the services as a check seller, bill payer, or prorate pursuant, including, but not limited to, any such person licensed pursuant to Division 3 of the California Financial Code, commencing with Section 12000.

F. "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.

G. "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.

I. "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.

J. "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. 1086, § 1, 2-10-16)

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

(Ord. No. 1086, § 1, 2-10-16)

No person shall solicit, ask, or beg inside of, or within fifteen (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 fifteen (15) feet of any automated teller machine during the time it is available for customers' use. Provided, however, that 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. Provided further, that no person shall 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. Nothing in this subsection shall be construed to prohibit the lawful vending of goods and services within such areas.

(Ord. No. 1086, § 1, 2-10-16)

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 that apply to vehicles lawfully parked within a public street; or

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

(Ord. No. 1086, § 1, 2-10-16)

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

(Ord. No. 1086, § 1, 2-10-16)

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. 1086, § 1, 2-10-16)

A violation of this section is punishable as a misdemeanor.

(Ord. No. 1086, § 1, 2-10-16)

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

(Ord. No. 1086, § 1, 2-10-16)