Fairfield Municipal Code Art. XII Prohibition of Aggressive Solicitations and Targeted Solicitations In…

As used in this chapter, the following words and phrases shall have the following meanings.

“Accessory Structure”

shall mean a separate structure attached to the main financial institution area that is comprised of one or more automated teller machines, the primary use of which is generally found in connection with activities associated with the use of an automated teller machine.

“Aggressive Solicitation”

shall mean to do one or more of the following while engaging in solicitation or immediately before or thereafter:

(1)

Intentionally blocking or impeding the passage of a pedestrian or vehicle in the course of solicitation;

(2)

Following the person solicited by proceeding behind, ahead or alongside of him or her after the person solicited indicates by words or conduct that he or she does not want to be solicited or does not want to give money or any other thing of value to the solicitor;

(3)

Threatening the person solicited with physical harm by word or gesture, either before, during or after solicitation;

(4)

Abusing the person solicited with words which are offensive and inherently likely to provoke an immediate violent reaction; or

(5)

Intentionally touching or causing physical contact with the solicited person or the solicited person’s vehicle without that person’s consent.

“Automated Teller Machine”

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

“Commercial Driveway”

shall mean any driveway that provides vehicular access to a shopping center, or retail or business establishment from a public street or highway.

“Financial Institution”

shall mean any of the following entities:

(1)

Bank: Any member bank of the Federal Reserve System or any bank, banking association, trust company, savings bank, or any other banking institution organized or operated under the law of the United States.

(2)

Savings and Loan Institution: Any financial institution that specializes in savings deposits and mortgage loans.

(3)

Credit Union: Any federal credit union or any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.

“Public Transportation Vehicle”

shall mean any vehicle 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.

“Solicit”

shall mean any request made in person for money or objects of value using the spoken, written, or printed word, or bodily gestures, signs, or other means, with the intention that the money or object be transferred at that time and at that place. It shall not include such activities that merely involve communications and information and do not call for the direct and immediate receipt of money or other thing of value.

(Ord. No. 2015-13, § 2)

No person shall solicit in an aggressive manner in any place open to the public, whether publicly or privately owned.

(Ord. No. 2015-13, § 2)

A. Automated Teller Machines. No person shall solicit within fifteen (15) feet of any unenclosed automated teller machine or enclosed automated teller machine located within an accessory structure of a financial institution. When an enclosed automated teller machine is located within an accessory structure of a financial institution, such distance shall be measured from the entrance or exit of the financial institution.

B. Commercial Driveways. No person shall solicit in a commercial driveway, including a commercial driveway entrance or exit, for the purpose of soliciting a driver or occupant of a motor vehicle.

C. Public Transportation Vehicles. No person shall solicit in any public transportation vehicle.

(Ord. No. 2015-13, § 2)

The provisions of 12.1202 subdivision (A) shall not apply to any unenclosed automated teller machine located within any building or structure whose primary purpose is unrelated to banking activities, such as supermarkets and convenience stores, provided that such automated teller machines shall be available for use only during the regular hours of operation of the building or structure in which such machine is located.

(Ord. No. 2015-13, § 2)

Nothing in this chapter is intended to conflict with the provisions of state law concerning solicitation. In the event of a direct and express conflict between this chapter and state law, California law, as applicable, controls.

(Ord. No. 2015-13, § 2)

The provisions of this chapter are not intended to be exclusive and nothing in this chapter in any way limits or precludes the enforcement of any other applicable laws, or any other remedy that may be available to the city for conduct that violates this chapter.

(Ord. No. 2015-13, § 2)