Del Norte County Municipal Code § 9.20 Prohibition Of Abusive Panhandling 9.20.10 Purpose 9.20.30 Definitions 9.20.40…

In order to protect and promote the rights of the general public to be free from inappropriate conduct and from the potential physical confrontations sometimes associated with panhandling, the Board of Supervisors finds that there is a need to adopt a County Ordinance which imposes reasonable and specific time, place, and manner limitations on those forms of inappropriate and unlawful conduct which may be associated with aggressive panhandling. At the same time, the Board of Supervisors seeks to properly and duly recognize, as well as fully protect to the full extent possible, the First Amendment free speech rights of all concerned.

The Board of Supervisors also finds that balancing the need for public safety with the need to duly protect constitutional rights is especially critical in popular retail and visitor-serving areas of the County since these areas are popular public gathering spaces and are often crowded with member of the public and visitors to Del Norte County. It is the intent of the Board in enacting this Ordinance to improve the quality of life and

economic vitality of the county, and to protect the safety of the general public against certain abusive conduct of persons engaged in solicitation, by imposing reasonable manner and place restrictions on solicitation while respecting the constitutional rights of free speech for all citizens.

The Board of Supervisors also finds that an increase in aggressive solicitation throughout the County 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.

The Board of Supervisors also finds that aggressive panhandling usually includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The Board further finds that presence of individuals who solicit money from persons at or near bands or automated teller machines is especially threatening and dangerous. Motorists also find themselves confronted by persons who without permission wash their automobile windows at traffic intersections, despite explicit indication by drivers not to do so. Such activity often carries with it an implicit threat to both person and property. People driving or parking on County streets frequently find themselves faced with panhandlers seeking money by offering to perform a service such as opening car doors or locating parking spaces.

The Board of Supervisors further find as abusive the solicitation of people in places where they are a captive audience in which it is impossible of difficult for them to exercise their own right to decline to listen to or to avoid solicitation form others. Such places include buses, parking lots, and indoor and outdoor dining areas. 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.

The Board of Supervisors observe that this Ordinance is timely and appropriate because current laws and County regulations are insufficient to address this problem. The restriction contained herein are neither overbroad nor vague and are narrowly tailored to serve a substantial governmental interest. The goal of this Ordinance is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome and overwhelming presence in the county.

Finally, the Board of Supervisors finds that this Ordinance will not impact the content of any protected forms of expressive statements made by a panhandler or otherwise improperly restrict anyone's First Amendment rights.

(Ord. 2010-003 § 1 (part), 2010)

The following words or phrases as used in this Chapter shall have the following meanings:

1. "Abusive Panhandling" means to do one or more of the following acts before, during and immediately after engaging in Soliciting:

   1. Approaching within three (3') or following a person if that conducts is likely to cause a reasonable disabled or elderly person (a reasonable disabled or elderly person being an objective standard which applies to all persons regardless of age or actual disability) to:

      1. Fear bodily harm to oneself or to another, damage to or loss of property; or

      2. Fear the commission or a criminal act; or

         3. Otherwise be intimidated into giving money or other thing of value.

      3. Physical contact with another person or an occupied automobile without that person's consent.

      4. Intentionally blocking or interfering with the safe of free passage of a pedestrian or vehicle by any means including causing a pedestrian or vehicle to take evasive action to avoid physical contact.

      5. Approaching within six feet of the door of another's vehicle or to render unsolicited services to the vehicle.

      6. Approaching individuals form behind, as they are exiting their vehicle.

      7. Wearing or displaying an indication of physical disability when the solicitor dose not suffer from the disability so indicated.

      8. Stating that the solicitor is soliciting on behalf of an organization which dose not exist or which has not authorized the solicitor to seek donations on its behalf.

      9. Making any false statement about how the funds will be used if they are given.

      10. Soliciting from customers inside a store or restaurant.

      11. Extending any portion of the one's body into a car window.

      12. Soliciting After Dark.

      13. Soliciting in a loud voice or using violent or threatening gestures toward a person solicited.

      14. The use of insult, profanity, or veiled threats which are inherently likely to provoke an immediate violent reaction.

      15. Demanding more money after a donation have been given.

      16. More than one Solicitor approaching an individual at once.

      17. "Camping out" by a business to encourage the business owner to give money to a person to go away.

   2. "After Dark" means any time from one-half hour after sunset to one-half hour before sunrise.

   3. "Disabled" means lacking one or more physical powers, such as the ability to walk or to coordinate one's movement without the assistance of other individuals or a mobility device including but not limited to a wheelchair, walker, cane, or motorized cart as from the effects of old age, a disease or accident, or through mental impairment.

   4. "Elderly" means person so advanced in years of life as to be:

      1. Wanting in mental vigor or physical stamina associated with youth or

      2. Who have reached a stage of greatly decreased physical activity due to physical frailty or cognitive impairment or

      3. Who have a diminished ability to defend themselves in the face of aggressive behavior, either physical or verbal.

2. "Solicit" means any oral, written, or bodily gesture request for funds or other thing of value by a person to or with passer-by in a continuous and repetitive manner where money or other thing of value are immediately received. Nothing in this definition is intended to prohibit appeals for funds or other things of value to facilitate the dissemination of views and ideas, the advocacy of causes or lawful charitable, religious, education, nonprofit, political and protest activities.

• (Ord. 2010-003 § 1 (part), 2010)

1. Abusive Panhandling Prohibited. Abusive Panhandling is unlawful and prohibited.

2. Soliciting Restricted. Soliciting is prohibited when the person being Solicited is in any of the following locations:

   1. In any public transportation vehicle, or within 10 feet of any designated or posted public transportation vehicle stop;

3. In a vehicle on a public street or alleyway;

4. In a parking lot without the permission of the owner or lessee of the premises;

5. Within an outdoor dining area of a restaurant or other dining establishment serving food for immediate consumption;

6. Within twenty-five feet of: i) an automated bank teller machine or, ii) the entrance or exit to any financial institution, check cashing business, supermarket, or retail store without the consent of the owner of the property or other person legally in possession of such facilities;

7. In a queue of persons waiting to gain admission to a place of business or to a vehicle, or waiting to purchase an item or admission ticket.

(Ord. 2010-003 § 1 (part), 2010)

Each violation of the provision of this ordinance is an infraction punishable in accordance with the provisions of California Government Code section 25132(b).

(Ord. 2010-003 § 1 (part), 2010)

This chapter shall apply to all unincorporated territory within Del Norte County, California. This ordinance shall not be construed to limit or preclude the enforcement of other applicable laws, including, but not limited to, the offenses of Penal Code 602 and/or 532.

(Ord. 2010-003 § 1 (part), 2010)