Fairfield Municipal Code Art. XV Solicitation of Motorists

The City Council finds that the direct solicitation of motor vehicles on the public right-of-way, from private property, sidewalks, and the center median, may create the following traffic safety hazards:

(a) Seatbelted drivers, when reaching for their wallets or money, or when lowering windows, can ease up on their brake pedals, causing their vehicle to roll past the limit line and into an intersection.

(b) Drivers who may feel intimated by the close proximity of the solicitor may stop well behind or well beyond the limit line, thus either confusing drivers behind them, not triggering a traffic signal device, or entering into opposing traffic.

(c) Drivers who wish to give the solicitor money, while reaching for their wallets or rolling down a window, may not observe that their traffic signal has turned green, creating the potential for delays and possible accidents from vehicles behind.

(d) With the solicitor in close proximity to the driver, drivers can become distracted by the solicitor and may not observe other traffic hazards such as signals, pedestrians or other vehicles.

(e) By remaining for long periods of time in unsafe areas of the public right-of-way, such as the center median, solicitors may increase the danger to themselves that they may be struck by an errant vehicle.

(f) The Council, in enacting this article, does so pursuant to its police power as stated in Article XI, Section 7 of the California Constitution.

(g) This article is not intended to limit any person from exercising their constitutional right to solicit funds, protest or engage in other constitutionally protected activity. Rather, its goal is to protect citizens and solicitors themselves from various traffic safety concerns as expressed herein.

(Ord. No. 2010-05, § 1)

It is unlawful for any person to stand, sit, or remain at or adjacent to a public street, including but not limited to sidewalks, center medians, and driveways, in order to solicit drivers or passengers of moving vehicles on public streets. It is also unlawful to solicit moving vehicles on private property if such solicitation is likely to result in traffic delays or obstruction on a public street.

As used in this article, "solicit" means asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Solicit shall include using the spoken, written, or printed word, 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. No. 2010-05, § 1)