Costa Mesa Municipal Code Ch. XI Aggressive Panhandling

For purposes of this chapter, the following words and terms shall have the following meaning:

Aggressive manner

means:

(1)

The intentional act of approaching, speaking to, gesturing or following of another person solicited for alms in a manner as would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person, or upon property in the person's immediate possession; or

(2)

The intentional act of touching of another person without such person's consent in the course of asking, begging or soliciting alms; or

(3)

The intentional act of blocking or interfering with the safe or free passage of another person solicited for alms, including causing such person to take evasive action to avoid physical contact or preventing such person from departing the location of the solicitation; or

(4)

The rendering of any service to a motor vehicle, including but not limited to any cleaning, washing, protecting, guarding or repairing of said vehicle or any portion thereof, without the prior consent of the owner, operator or occupant of such vehicle, and thereafter asking, begging or soliciting alms or payment for the performance of such service, regardless of whether such vehicle is stopped, standing or parked on a public street or upon other public or private property; or

(5)

The intentional act of blocking, preventing, impeding or interfering with the free and unobstructed ability of the person solicited to enter into or emerge from any vehicle during the course of asking, begging or soliciting alms or following a negative response by the person solicited to any such solicitation; or

(6)

The intentional act of blocking, preventing, impeding or interfering with the operation or movement of any vehicle operated or occupied by the person solicited, during the course of asking, begging or soliciting alms or following a negative response by the person solicited to any such solicitation.

Ask, beg, or solicit alms

means the spoken, written, or printed word or such other act conducted for the purpose of obtaining from another person an immediate donation of money or things of value, for any purpose.

(Ord. No. 95-4, § 2, 3-20-95)

No person shall ask, beg, or solicit alms in an aggressive manner in any place open to the general public, whether publicly or privately owned, including but not limited to any sidewalks, streets, alleys, driveways, parking lots, parks, plazas, buildings, doorways and entrances to buildings, gasoline service stations, fast food restaurant drive-through lanes, and the grounds around buildings open to the general public.

(Ord. No. 95-4, § 2, 3-20-95)

(a) Nothing contained in this chapter shall be deemed to prohibit any act which is otherwise expressly permitted or prohibited by law.

(b) Nothing contained in this chapter shall be deemed to permit any act which is otherwise prohibited by law.

(c) Nothing contained in this chapter shall be deemed to prohibit constitutionally protected picketing and protesting.

(Ord. No. 95-4, § 2, 3-20-95)

(a) A violation of any provision of this chapter shall be deemed a misdemeanor punishable as set forth in section 1-33(b) of this Code.

(b) A violation of any of the provisions of this chapter shall constitute a public nuisance and may be abated by the city attorney through civil process by means of a restraining order, preliminary or permanent injunction, or any other manner provided by law for the abatement of such nuisance.

(c) Nothing contained in this chapter shall be deemed to prohibit constitutionally protected picketing and protesting.

(Ord. No. 95-4, § 2, 3-20-95)

It is acknowledged that acts prohibited by this chapter are prohibited by section 647(c) of the Penal Code. The operation of this chapter is necessary and appropriate because Penal Code section 647(c) has been found to be invalid and unenforceable. For this reason, this chapter shall be and remain in full force and effect until Penal Code section 647(c) is valid and enforceable in all courts within the State of California, then and only then shall this chapter be deemed inoperative and of no force or effect.

(Ord. No. 95-4, § 2, 3-2095)