El Cajon Municipal Code Ch. 9.75 Aggressive Solicitation

The purpose of this chapter is to protect citizens from the fear and intimidation accompanying the solicitation for immediate payment of money or other thing of value in an aggressive manner, or at specified locations.

(Ord. 4638 § 2, 2000)

For the purposes of this chapter, the following words and phrases are defined as set forth below:

"Automated teller machine"

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

"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 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 prorator 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"

shall mean a place to which the public or a substantial group of individuals have access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, school, park, playground, and any door way, 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.

"Public transportation vehicle"

shall mean any vehicle, including a trailer bus, designed, used, or maintained for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire.

"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, 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. 4638 § 3, 2000)

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

B. "Aggressive manner" shall mean any of the following:

1. Approaching or speaking to a person, or following a person before, during, or after soliciting that person, if such conduct would cause a reasonable person to fear for his or her own safety, or to otherwise be intimidated into giving money or other thing of value;

2. Intentionally causing unwanted physical contact with another person in the course of soliciting that person;

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 motorist to take evasive action to avoid physical contact;

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

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 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.

(Ord. 4638 § 4, 2000)

All solicitation is prohibited at the following specified locations:

A. Banks and Automated Teller Machines.

1. Banks. No person shall solicit, ask or beg within fifteen feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours.

2. Automated Teller Machines. No person shall solicit, ask or beg within fifteen feet of an 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 paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.

3. Exemptions. The provisions of subsection A of this section 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 and airports, 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. No person shall approach an operator or occupant of a motor vehicle for the purpose of soliciting while such vehicle is located in any public place.

2. Parking Lots. No person shall solicit, ask or beg in any public parking lot or structure any time after dark. "After dark" means any time from one-half hour after sunset to one-half hour before sunrise.

3. Exemptions. This subdivision shall not apply to any of the following:

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

b. To solicitations related to the lawful towing of a vehicle; or

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

C. Public Transportation Vehicles and Stops. Any person who solicits, asks or begs in any public transportation vehicle, or within ten feet of any designated or posted public transportation vehicle stop, is guilty of a violation of this section if:

1. He or she remains there after being asked to leave by the owner, driver, or operator of a public transportation vehicle; the agent of the owner, driver or operator of a public transportation vehicle; the owner or manager of a public transportation facility; the agent of the owner or manager of a public transportation facility; a member of a security force employed by the public transportation facility; or by a peace officer, as defined in Chapter 4.5 of Title 3 of the California Penal Code (commencing with Penal Code § 830); or

2. Within the immediately preceding thirty days, he or she engaged in a solicitation at that location and had been asked to leave by a person specified in subsection (C)(1) of this section.

3. Subsection (C)(2) 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 (C)(1) of this section.

D. Restaurants. Any person who solicits, asks or begs 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:

1. 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 § 830), acting at the request of any of the persons specified in this subdivision; or

2. Within the immediate preceding thirty days, he or she engaged in a solicitation at that location and had been asked to leave by a person specified in subsection (D)(1) of this section.

3. Subsection (D)(2) 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 (D)(1) of this section.

(Ord. 4638 § 5, 2000)

A violation of this section is punishable as a misdemeanor, or chargeable at the city attorney's discretion.

(Ord. 4638 § 6, 2000)

The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.

(Ord. 4638 § 7, 2000)

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

(Ord. 4638 § 8, 2000)