Gilroy Municipal Code Art. V Limits on Solicitation

Unless otherwise expressly stated herein, whenever used in this article, the following terms shall respectively be deemed to mean:

“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 but not limited to intentionally 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 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 which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.

“Automated teller machine (ATM)”

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

“Automated teller machine facility”

means the area comprised of one (1) 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.

“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, apartment house or hotel not constituting a room or apartment designed for actual residence.

“Public transportation vehicle”

means any vehicle owned by the city or any other public entity, or contracted for use by the city, and used for the provision of public transportation services.

“Restaurant”

means any business establishment which engages in the business of serving food to customers for immediate consumption, including “fast food” restaurants and traditional “sit-down” restaurants.

“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”

means the use of the spoken, written or printed word or use of bodily gestures, signs or other means for the purpose of obtaining an immediate donation of money or other thing of value or for the purpose of selling or trading goods or services.

(Ord. No. 2010-10, § 1, 7-19-2010)

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

(Ord. No. 2010-10, § 1, 7-19-2010)

(a) Banks and ATMs. No person shall solicit, ask or beg within twenty-five (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 twenty-five (25) 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.

(1) Exemption. 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 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. No person shall approach an operator or occupant of a motor vehicle for the purpose of soliciting, asking or begging while such vehicle is being operated in a lane of traffic on a public street or public right-of-way, in a public parking lot, or in an entrance or exit to a public parking lot, whether the motor vehicle is moving or not, and whether or not the person is being solicited by the driver of the vehicle.

b. No person shall solicit, ask or beg from any traffic median within any public street or public right-of-way.

c. No person shall solicit, ask, or beg any operator or occupant of a motor vehicle that is being operated in a lane of traffic on a public street or public right-of-way, whether the motor vehicle is moving or not, and whether or not the person is being solicited by the driver of the vehicle, where the motor vehicle is located within one hundred (100) feet of any intersection controlled by an official traffic signal as defined in Vehicle Code Section 21450, or within fifty (50) feet of any entrance or exit to a parking lot of any business establishment located within a commercial district of the city of Gilroy. Persons may otherwise solicit, ask or beg by conduct that includes but is not limited to the holding of signs on public sidewalks and other public places at locations that are more than one hundred (100) feet from any intersection controlled by an official traffic signal and more than fifty (50) feet from any entrance or exit to a parking lot of any business establishment located within a commercial district.

(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. Section 16A.19.2 and this section 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. Solicitations related to the lawful towing of a vehicle;

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

d. Solicitations of emergency vehicles; and

e. Hailing a taxicab or public transportation vehicle.

(c) Public Transportation Vehicles and Stops. Other than a person hailing a public transportation vehicle, no person shall solicit, ask or beg within twenty-five (25) feet of any public transportation vehicle stop, facility or area designated for the pick-up of passengers.

(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 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; or 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 subsection.

(e) Written Material. This Article V shall not prohibit persons from soliciting, asking, or begging, in a nonaggressive manner, with the use of signs, leaflets or other written material at locations or in a manner that is not otherwise prohibited by sections 16A.19.2 and this section.

(Ord. No. 2010-10, § 1, 7-19-2010)

Any violation of the provisions of this chapter is punishable in accordance with section 1.7 of this Code.

(Ord. No. 2010-10, § 1, 7-19-2010)

Nothing in this Article V is intended to supersede or conflict with any requirement or limitation contained in Articles I through IV of this chapter.

(Ord. No. 2010-10, § 1, 7-19-2010)

If any section, subsection, subdivision, sentence, clause, phrase or word of this Article V is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Article V. The city council hereby declares that it would have passed and adopted Ordinance No. 2010-10, establishing this Article V, and each and all provisions thereof, irrespective of the fact that one or more provisions may be declared invalid or unconstitutional.

(Ord. No. 2010-10, § 1, 7-19-2010)