Humboldt County Municipal Code Div. 11 Aggressive

Definitions. Aggressive Solicitation Prohibited. All Solicitation Is Prohibited at the Specified Locations Set Forth Below. Penalty. Severability. Non-Exclusivity. § 9111-1. § 9111-2. § 9111-3. § 9111-4. § 9111-5. § 9111-6. CHAPTER 1 Sections: Definitions. Aggressive Solicitation Prohibited. All Solicitation Is Prohibited at the Specified Locations Set Forth Below. Penalty. Severability. Non-Exclusivity. 9111-1. Definitions. For the purpose of this chapter, the following definitions shall apply: (Ord. 2553, § 1, 6/28/2016) (a) Aggressive Manner. Shall mean any of the following: (Ord. 2553, § 1, 6/28/2016) (1) Fear bodily harm to oneself or to another, damage to or loss of property; or (Ord. 2553, § 1, 6/28/2016) (2) Otherwise be intimidated into giving money or other thing of value; (Ord. 2553, § 1, 6/28/2016) (3) 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; (Ord. 2553, § 1, 6/28/2016)

(4) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonable causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; (Ord. 2553, § 1, 6/28/2016) (5) Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging; (Ord. 2553, § 1, 6/28/2016) (6) 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 (Ord. 2553, § 1, 6/28/2016) (7) Using profane, offensive or abusive language which is inherently likely to provide an immediate violent reaction, either before, during, or after solicitation. (Ord. 2553, § 1, 6/28/2016) (b) Automated Teller Machine. Any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account. (Ord. 2553, § 1, 6/28/2016) (c) Automated Teller Machine Facility. The area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours. (Ord. 2553, § 1, 6/28/ 2016) (d) Bank. 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. (Ord. 2553, § 1, 6/28/2016) (e) Credit Union. 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. (Ord. 2553, § 1, 6/28/2016) (f) Check Cashing Business. Any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with § 12000. (Ord. 2553, § 1, 6/28/2016) (g) Gas Station Pump. A facility that is open to the public to purchase and pump gasoline into vehicles, specifically where the machine that actually discharges the gasoline into the vehicle is located. (Ord. 2553, § 1, 6/28/2016) (h) Public Place. 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, public alley, 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. 2553, § 1, 6/28/2016) (i) Public Transportation Vehicle. Any vehicle, including a trailer bus, 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. (Ord. 2553, § 1, 6/28/2016)

(j) Savings and Loan Association. Any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, any federal credit union as defined in Section 2 of the Federal Credit Union Act. (Ord. 2553, § 1, 6/28/2016) (k) Solicit, Ask or Beg. Shall include 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. (Ord. 2553, § 1, 6/28/2016) 9111-2. Aggressive Solicitation Prohibited. No person shall solicit, ask or beg in an aggressive manner in any public place. (Ord. 2553, § 1, 6/28/2016) 9111-3. All Solicitation Is Prohibited at the Specified Locations Set Forth Below. (a) Banks and ATMs. No person shall solicit, ask or beg within 15 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 15 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. Provided further that 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 division shall be construed to prohibit the lawful vending of goods and services within such areas. (Ord. 2553, § 1, 6/28/2016) (1) Exemptions. The provisions of this subsection (a) 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, 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. (Ord. 2553, § 1, 6/28/2016) (b) Public Transportation Vehicles. Any person who solicits, asks or begs in any public transportation vehicle is guilty of a violation of this section. (Ord. 2553, § 1, 6/28/2016) (c) Gas Station Pumps. Any person who solicits, asks or begs within 15 feet of any gas pump is guilty of a violation of this section. (Ord. 2553, § 1, 6/28/2016) 9111-4. Penalty. Each act of solicitation shall constitute a separate offense. A violation of this section is punishable as a misdemeanor or infraction, chargeable at the District Attorney’s discretion. (Ord. 2553, § 1, 6/28/2016)

9111-5. Severability. The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this section, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances. (Ord. 2553, § 1, 6/28/2016) 9111-6. Non-Exclusivity. Nothing is this chapter shall limit or preclude the enforcement of other applicable laws. (Ord. 2553, § 1, 6/28/2016) Chapter 1 – § 9121-1. § 9121-2. § 9121-3. § 9121-4. § 9121-5. § 9121-6. § 9121-7. § 9121-8. § 9121-9. § 9121-10. § 9121-11. § 9121-12. § 9121-13. § 9121-14. § 9121-15. § 9121-16. TITLE IX – PUBLIC PEACE, SAFETY AND WELFARE