Article V

Prohibition Against Aggressive Solicitation

To protect and promote the safety of the general public against inappropriate conduct and from the potential physical confrontations sometimes associated with solicitation, the City Council of the City of Desert Hot Springs finds that there is a need to adopt regulations that impose content-neutral and reasonable time, place, and manner limitations on solicitation, including, but not limited to, panhandling. At the same time, the City Council seeks to properly and duly recognize, as well as protect to the full extent possible, the First Amendment free speech rights of all concerned.

In light of the foregoing purpose, the City Council of the City of Desert Hot Springs finds:

• A. Solicitation on roadway median strips, and traffic intersections is unsafe, disturbing and disruptive to residents, visitors and motorists.

• B. The practice of soliciting for contributions from persons in vehicles in the public roadway from a median strip or near intersections subjects the solicitor, pedestrians and vehicles to an unacceptable level of danger. Drivers become distracted from their primary duty to watch traffic, which results in delay and obstruction of the public’s free flow of travel. These activities further result in the congestion and blockage of streets when such persons approach the vehicles to negotiate with the occupants. The most severe impacts are experienced when money or other items of value are directly and immediately exchanged, hand-to-hand, in the public right-of-way as a result of the solicitation. Distracted drivers are more prone to be involved in automobile accidents, and accidents on the public streets constitute a substantial traffic safety problem.

• C. The practice of soliciting near driveways accessing shopping centers, retail and business establishments presents an unacceptable level of danger for solicitors, panhandlers, pedestrians and vehicles. The location of the solicitor near the driveway interferes with drivers’ vision and ability to safely enter and exit the driveway. Further, drivers become distracted from their duty to watch traffic as they maneuver to avoid solicitors, then causing vehicular congestion and blockage of traffic. As set forth above, distracted drivers are more prone to automobile accidents and the safety risks to the solicitor and others increases.

• D. The practice of soliciting from people in places where they are a “captive audience” (in which it is impossible or difficult for them to exercise their own rights to decline to listen or to avoid solicitations from others) is abusive, detracts from the right of residents and visitors to the quiet enjoyment of public facilities, and increases the vulnerability to intimidation of such residents since they may have cash out or readily available at such sites, and creates an unacceptable risk to the residents’ safety and welfare. Such places include automated teller machines, banks, bus stops, public transportation vehicles and facilities, outdoor dining areas of restaurants or other eating establishments serving food for immediate consumption and public parking lots. Restricting solicitations in these places will provide a balance between the rights of all concerned.

The restrictions contained herein are neither overbroad nor vague, and are narrowly tailored to serve a substantial governmental interest. The goal of this article is to protect city residents, visitors and solicitors from traffic safety problems, along with the intrusive conduct and personal intimidation that may result from aggressive solicitation. Content-neutral, reasonable time, place and manner restrictions on solicitation will avoid these negative effects and will not unreasonably restrict the expressive activity of individuals engaging in such activities.

(Ord. 5307-5-11)

For purposes of this article the following words and phrases shall have the meanings ascribed to them:

“Public place” means 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, any doorway, entrance, hallway, lobby, and other portion of any business establishment, although privately owned in whole or part, that is held open to the general public for commercial services, or hotel not constituting a room or apartment designed for actual residence.

“Solicitation” means a request made in person 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. (Ord. 5307-5-11)

No solicitation shall be conducted at any place of business or residence in the City where any sign prohibiting trespassing or solicitation has been posted or displayed. If the sign posted or displayed limits the hours of trespassing or solicitation, no solicitation shall be conducted at any place of business or residence in the City during the time period posted or displayed. (Ord. 5307-5-11)

No person shall solicit a person in any public place in any aggressive manner. “Aggressive manner” means any of the following:

• A. Approaching or speaking to a person, or following a person before, during or after soliciting, if that conduct is intended or is likely to cause a reasonable person to:

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

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

• B. Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting;

• C. 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;

• D. Using violent or threatening gestures toward a person solicited either before, during or after soliciting;

• E. Persisting in closely following or approaching a person, after the person solicited has been solicited and 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

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

• (Ord. 5307-5-11)

Solicitation shall be prohibited when the person solicited is in any of the following locations:

• A. Banks and ATMs. Within 25 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 50 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 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 section shall be construed to prohibit the lawful vending of goods and services within such areas.

  1. Definitions. For purposes of this section:

“Automated teller machine” means any electronic information processing devise 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 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.

“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.

“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.

2. Exemptions. The provisions of this subsection shall not apply to any unenclosed automated teller machine located within any building, structure, or space whose primary purpose or function is unrelated to banking activities, including, but not limited to, supermarkets, airports, and school buildings; provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure, or space in which such machine is located.

• B. Motor Vehicles and Parking Lots.

  1. Motor Vehicles. A vehicle on public streets or alleyways.

2. Parking Lots. Any public parking lot or structure, any time.

   3. Exemptions. The provisions of this subsection shall not apply to any of the following:

      • a. Solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;

      • b. Solicitation related to the lawful towing of a vehicle; or

      • c. Solicitation related to emergency repairs requested by the operator or other occupant of a vehicle.

• C. Bus stops.

• D. Public transportation vehicles or facilities, such as public transit buses or public transit bus concourses.

• E. Outdoor dining area of a restaurant or other dining establishment serving food for immediate consumption.

• F. Gas Stations. Within 50 feet of a gasoline or fuel pump located in a gasoline service station.

• G. A queue of five or more persons waiting to gain admission to a place or vehicle, or waiting to purchase an item or admission ticket.

• (Ord. 5307-5-11)

Penalty. A violation of this article is punishable as a misdemeanor or infraction, chargeable at the City Attorney’s discretion.

(Ord. 5307-5-11)

Nothing in this article shall limit or preclude the enforcement of other applicable laws by the City.

(Ord. 5307-5-11)