Elk Grove Municipal Code Art. II Aggressive Solicitation

The City Council finds that aggressive solicitation negatively impacts the quality of life of residents of the City. Patrons of commercial districts in which aggressive solicitation occurs are less likely to patronize the City’s businesses and negatively impact the public interest in economic growth and tax revenues to the City. Mindful of everyone’s right of free speech, the City Council finds there is a reasonable balance between those interests and the rights of listeners to be left alone – even in public places. Furthermore, the City Council takes notice that the specific provisions of this article have been judicially upheld by the California Supreme Court.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

For purposes of this article:

A.

“Solicit, ask or beg”

includes 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.

B.

“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, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

A. No person shall solicit or beg in an aggressive manner in any public place.

B. “Aggressive manner” means any of the following:

1. Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, damage to or loss of property, or 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, asking or begging;

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 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, asking or begging;

5. 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

6. Using profane, offensive or abusive language that is inherently likely to provoke an immediate reaction, either before or after solicitation.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

A. Banks and ATMs. No person shall solicit, ask, or beg within fifteen (15' 0") 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 fifteen (15' 0") feet of any automated teller machine during the time it is available for customers’ use. However, 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. 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 subsection shall be construed to prohibit the lawful vending of goods and services within such areas.

1. Definitions. For purposes of this section:

a.

“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.

b.

“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.

c.

“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.

d.

“Check cashing business”

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

e.

“Automated teller machine”

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

f.

“Automated teller machine facility”

shall mean a secure area comprised of one (1) or more automated teller machines, and any adjacent space that is made available to banking customers after regular banking hours.

2. 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, airports and school buildings as long as 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, asking or begging 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 (0.5) hour before sunrise.

3. Exemptions. Subsection (B) of this section shall not apply to any of the following:

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

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

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

C. Public Transportation Vehicles and Stops.

1. “Public transportation vehicle” shall mean any vehicle, including a trailer bus, designed, used or maintained for carrying ten (10) or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten (10) persons, including the driver, and used to carry passengers for hire.

2. Any person who solicits, asks or begs in any public transportation vehicle, or within ten (10' 0") feet of any designated or posted public transportation vehicle stop, is guilty of a violation of this section if:

a. 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 Title 3, Chapter 4.5 (commencing with Section 830) of the California Penal Code; or

b. Within the immediately preceding thirty (30) days, he or she engages in a solicitation at that location and had been asked to leave by a person specified in subsection (C)(2)(a) of this section.

c. Subsection (C)(2)(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, asks, or begs with the express authorization of a person specified in subsection (C)(2)(a) 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 Title 3, Chapter 4.5 (commencing with Section 830) of the California Penal Code, acting at the request of any of the persons specified in subsection (D) of this section; or

2. Within the immediately preceding thirty (30) days, he or she engages 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, asks, or begs with the express authorization of a person specified in subsection (D)(1) of this section.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney’s discretion. Nothing in this article shall limit or preclude the enforcement of other applicable laws.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)