Long Beach Municipal Code Ch. 9.35 Aggressive Solicitation

A. It shall be unlawful for any person to solicit by threatening, harassing, intimidating or aggressively coercing another person on a public street or sidewalk or any place open to the general public. This Chapter does not regulate solicitation on private property.

B. "Solicitation" means any verbal request, or any non-verbal request made with a sign, by a person seeking an immediate donation of money, food, cigarettes or items of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for purposes of this Chapter.

C. "Solicit" means to be engaged in the act of solicitation.

D. For purposes of this Section, a person aggressively coerces, threatens, harasses or intimidates another person when:

1. The solicitor's conduct would cause a reasonable person in the position of the solicitee to fear for his or her safety; or

2. The solicitor intentionally blocks the path of the solicitee; or

3. The solicitor persists in following the solicitee closely, and continues to demand money or other things of value after the solicitee has rejected the solicitation by words or conduct.

E. For purposes of this Section, the following facts, among others, are relevant in deciding whether a reasonable person would have cause to fear for his or her safety:

1. The solicitor makes physical contact with the solicitee or the solicitor uses verbally abusive language;

2. The proximity of the solicitor to the solicitee; or

3. The duration of the solicitation; or the solicitor makes threatening gestures or other threatening conduct, including closely following the solicitee.

(ORD-11-0026, § 1, 2011)

A. It shall be unlawful for any person to solicit another person who is in or at any of the following locations:

1. In a public transportation bus or public transportation bus stop;

2. Within twenty feet (20') of an automated teller machine that is adjacent to a public sidewalk or street;

a. "Automated teller machine" shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit or convenience account;

3. In a City-owned parking structure or surface lot;

4. In the outdoor dining area of a restaurant, cafe, or similar establishment which serves food or drinks for immediate consumption.

(ORD-11-0026, § 1, 2011)

The prohibitions listed in Section 9.35.020 shall not apply to solicitations related to business which is being conducted on the subject premises or location by the owner or responsible party.

(ORD-11-0026, § 1, 2011)

Violation of, or failure to comply with, any provision of this Chapter 9.35 constitutes a criminal offense punishable as an infraction for the first offense, and a misdemeanor for any subsequent offense committed within a twelve (12) month period, with criminal penalties set forth in Chapter 1.32 of this Code.

(ORD-11-0026, § 1, 2011)

In the event any portion of Chapter 9.35 is deemed to be unenforceable, or is in conflict with applicable law, the remainder of Chapter 9.35 will be enforced and will remain in full force and effect.

(ORD-11-0026, § 1, 2011)