Dana Point Municipal Code Ch. 11.90 Aggressive and Other Prohibited Solicitation

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section. When not inconsistent with the context, words used in the present tense include the future, words used in the singular form include the plural form, and words used in the plural form include the singular form. The word "shall" is always mandatory and not merely directory.

"Automated teller machine" (ATM)

means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit or convenience account.

"Automated teller machine facility"

means the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

"Bank"

means any member of the Federal Reserve System, and any bank, banking association, trust company, savings bank, credit union 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 or Administrator of the National Credit Union Administration.

"Check cashing business"

means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with Section 12000.

"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.

"Public place"

means a place where a governmental entity has title, or is entitled to otherwise use, or to which the public or a substantial group of persons has access, including, but not limited to, any street, sidewalk, highway, parking lot, transportation facility, school, place of amusement, park, playground.

"Public transportation vehicle"

means any vehicle, including a trailer bus, designed, used or maintained for carrying 10 or more persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire, including common carrier vehicles engaged in the transportation of passengers, or a vehicle for hire which is engaged at the time in transporting passenger(s) for a fare.

"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.

"Solicit"

means using the spoken, written, or printed word, 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.

(Added by Ord. 18-05, 9/4/18)

(a) Aggressive Solicitation. No person shall solicit in an aggressive manner in any public place. A person solicits in an aggressive manner by engaging in any of the following before, during, or after solicitation:

(1) Approaching, speaking to, or following a person, if that conduct is intended or is likely to cause a reasonable person to:

(A) Fear bodily harm to oneself or to another person, 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; or

(3) Intentionally blocking or interfering with the safe or free passage of a pedestrian, bicycle 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;

(5) Persisting in closely following or approaching a person, after the person has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited; or

(6) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after soliciting.

(Added by Ord. 18-05, 9/4/18)

No person shall solicit in any public transportation vehicle.

(Added by Ord. 18-05, 9/4/18)

No person shall solicit within 20 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 20 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 within an automated teller machine facility without permission.

(Added by Ord. 18-05, 9/4/18)

Any person who solicits in any outdoor or indoor dining area of a restaurant or other establishment serving food for immediate consumption is guilty of a violation of this Section if:

(a) He or she remains there after being asked to leave by the owner, manager or supervisor of the restaurant or other food establishment; the agent of the owner, manager or supervisor of the restaurant; a member of a security force employed by the restaurant; or by a peace officer, as defined in Chapter 4.5 of Title 3 of the California Penal Code (commencing with Penal Code Section 830), acting at the request of any of the persons specified in this Subsection; or

(b) Within the immediately preceding 30 days, he or she engaged in soliciting at that location and had been asked to leave by a person specified in Subsection (a) of this Section.

(c) Subsection (b) of this Section is not violated if a person who has been requested to leave enters the property within the designated period and solicits with the express authorization of a person specified in Subsection (a) of this Section.

(Added by Ord. 18-05, 9/4/18)