Chapter 12.50 — PROHIBITION AGAINST INTRUSIVE AND UNSAFE PANHANDLING

The purpose of this chapter is to protect the safety and welfare of the general public by establishing reasonable time, place and manner regulations against unsafe panhandling while allowing ample alternative places and times for expressive activity. This chapter is intended to impose reasonable time, place and manner restrictions on unsafe panhandling while respecting the constitutional rights of free speech for all residents and shall be construed consistently with that intent.

(Ord. No.737, § 1, 5-8-2012)

The following words and phrases, when used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that a different meaning is intended:

A.

"Automated teller machine" (ATM) means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.

B.

"Automated teller machine facility" means the area comprised of one or more automated teller machines, and any adjacent enclosed space which is made available to banking customers during or after regular banking hours.

C.

"Donation" means a gift of money or other item of value and shall include the purchase of an item for an amount exceeding its value under circumstances where a reasonable person would understand that the purchase is in substance a gift in all or part.

D.

"Financial institutions" means any of the following entities:

"Bank" any member of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or any 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 Commission.

"Savings and loan association" and "insured institutions" 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.

"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.

"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.

E.

"Gasoline station" shall mean a business that sells at retail gasoline or other vehicle fuel dispensed by a pump.

F.

"Median" or "median strip" means a paved or planted area of public right-of-way, dividing a street or highway into lanes according to the direction of travel.

G.

"Panhandling" shall include spoken, written, or printed words, or bodily gestures, signs or other means with the purpose of obtaining a direct and immediate donation or soliciting the direct and immediate sale of goods or services at the place of solicitation with or without a solicitation permit as provided in Chapter 5.36 of this code. It shall not include such activities that merely involve communications and information and do not call for the direct and immediate exchange of money or other things of value.

H.

"Public transportation vehicle" shall mean any vehicle, including a bus, shuttle, or train, 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.

I.

"Public transportation vehicle stop" means a location designated for the public to wait for public transportation vehicles and to enter or exit such vehicles.

(Ord. No. 737, § 1, 5-8-2012; Ord. No. 762, § 3, 10-27-2015)

Panhandling shall be prohibited at the following specified locations:

A.

Median Strips. No person shall panhandle on a median strip.

B.

Public Transportation Vehicles and Stops. No person shall panhandle in any public transportation vehicle or within fifty feet of any designated or posted public transportation vehicle stop.

C.

Financial Institutions and ATMs. No person shall panhandle within twenty-five feet of any entrance or exit of any financial institution during its business hours or within twenty-five feet of any automated teller machine during the time it is available for customers' use. 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 panhandle 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 in lawful possession of such facility.

D.

Gasoline Stations and Fuel Pumps. No person shall approach an operator or occupant of a motor vehicle for the purpose of panhandling while such vehicle is located at a gasoline station at a fuel pump.

E.

Driveways Accessing Shopping Centers, Retail and Business Establishments. No person shall panhandle an operator or occupant traveling in a motor vehicle while such vehicle is within a driveway providing access to a shopping center, retail or business establishment.

(Ord. No. 737, § 1, 5-8-2012)

A.

Violation of this chapter is a misdemeanor except as otherwise provided by Section 1.12.010(a) of this code.

B.

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 violations of this chapter. Remedies are cumulative and no election of remedies shall apply.

(Ord. No. 737, § 1, 5-8-2012)

A.

Financial Institutions and ATMs. The prohibition related to Financial Institutions and ATMs set forth in Section 12.50.030(C) shall not apply to any automated teller machine located within any building, structure or space the primary purpose or function of which is unrelated to banking activities, including, but not limited to, supermarkets, 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 the machine is located.

B.

Transportation Vehicle Fares, Goods, and Services. The prohibition on panhandling in public transportation vehicles set forth in Section 12.50.030(B) shall not apply to the driver, operator, or employees of the common carrier or owner of the vehicle who are either collecting fares from passengers or selling goods and services related to travel in the vehicle as part of the ordinary course of business for that carrier.

(Ord. No. 737, § 1, 5-8-2012)