Los Banos Municipal Code Ch. 6 Aggressive Solicitation

(a) The purpose of this chapter is to improve the quality of life and economic vitality of the city, and to protect the safety of the general public against certain abusive conduct of persons engaged in solicitation, by imposing reasonable time, place and manner restrictions on solicitation while respecting the constitutional rights of free speech for all citizens.

(b) The City Council of the City of Los Banos finds:

(1) The maintenance and improvement of the quality of life and economic vitality of the City of Los Banos are significant government interests.

(2) The protection of the citizens of the City of Los Banos from the danger of assault, battery, theft and disturbances of the peace, as well as other crimes, is also a significant government interest.

(3) Aggressive and abusive solicitations threaten these significant government interests by diminishing access to an enjoyment of public places, threatening the commercial well being of local businesses, and creating an environment of fear, intimidation, and confrontation.

(4) Citizens of the City of Los Banos are involuntarily subjected to aggressive and abusive solicitations for monetary or other donations, which cause them to feel threatened, intimidated, and coerced. Such conduct usually includes approaching and following persons, repeated requests for donations, unwanted physical contact, abusive language and threats, and obstruction of pedestrian and vehicular traffic.

(5) Aggressive and abusive solicitations increase the risk of assault, battery, theft, disturbing the peace, and other crimes. Such solicitations can provoke confrontations due to the threatening and offensive nature of the conduct of the solicitor. These situations put not only the solicited person, but also the solicitor, at risk of being the victim of assaultive and criminal conduct.

(6) Solicitation during the hours of darkness is inherently more threatening and intimidating, than during daylight hours.

(7) The content-neutral time, place and manner restrictions on aggressive and abusive solicitations as narrowly tailored in this chapter serve these significant government interests. Such restrictions will lessen feelings of coercion, intimidation, fear, and confrontation, by prohibiting that conduct most likely to create such feelings.

(8) The restrictions in this article leave open ample alternative avenues of communication and these restrictions are not intended to diminish the freedom or liberty of speech guaranteed under the United States and California Constitutions.

(9) It is not the intent or purpose of this Council in enacting this chapter to eradicate or displace any individual or group of homeless or indigent persons, but rather to protect the public from persons who engage in aggressive and abusive solicitations, and/or who solicit in certain narrowly defined areas of heightened sensitivity.

(§ 1, Ord. 991, eff. December 4, 2002, as amended by § 8, Ord. 1161, eff. February 17, 2018)

"Aggressive solicitation"

for the purpose of this chapter includes all behaviors either prohibited or regulated by specific time, place or manner restrictions asset forth in this chapter. "Aggressive solicitation" also includes any conduct during the solicitation or immediately before or after the solicitation that is intended or is likely to cause a reasonable person to:

(1)

Fear bodily harm to oneself or to another.

(2)

Fear damage to or loss of property.

(3)

Otherwise be intimidated, harassed or threatened.

A "person"

for purposes of this chapter includes individual persons, organizations and entities as set forth in Section 11-1.102 of this title.

A "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, public walkway, public alley, parking lot, parking structure, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment.

"Private property"

means any property that is privately owned, and does not constitute a "public forum."

A "public forum"

for the purposes of this chapter, includes all public places, and those places, which may be privately owned, and are deemed freely open to the public. These areas may include, but not be limited to, shopping centers, malls or other areas in which there are places in which persons can meet friends, dine, rest, be entertained, post public notices and participate in community events and activities.

"Solicitation"

for the purposes of this chapter, is any request made in person, including asking or begging, 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, for the purpose of this chapter.

(§ 1, Ord. 991, eff. December 4, 2002, as amended by § 8, Ord. 1161, eff. February 17, 2018)

No person shall solicit after sunset or before sunrise.

(§ 1, Ord. 991, eff. December 4, 2002, as amended by § 8, Ord. 1161, eff. February 17, 2018)

No person shall solicit in any of the following places, nor shall any person solicit when the person solicited is in any of the following places:

(a) Within twenty-five (25′) feet of any bank, savings and loan, or other financial institution buildings, including their outdoor automatic teller machines.

(b) In the parking lot of any bank, savings and loan, or other financial institution.

(c) Within ten (10′) feet of any entranceway or exit from any building open to the public other than those referenced in subsection (a).

(d) In any outdoor dining area when patrons are seated at tables or on chairs owned and serviced by an eating establishment.

(e) On private property, not deemed a public forum, unless the solicitor has permission from the owner, tenant, lessee or agent of the property.

(f) In any vehicle on the street or while such vehicle is located in any public place.

(g) At any bus stop.

(h) In any public transportation vehicle or facility.

(i) Upon any street, roadway or alley, including median strips or islands.

(j) Upon the grounds of a public or private school and the sidewalks immediately adjacent thereto.

(§ 1, Ord. 991, eff. December 4, 2002, as amended by § 8, Ord. 1161, eff. February 17, 2018)

No persons shall solicit, ask, or beg in an aggressive manner in any public place. Aggressive solicitation, includes, but is not limited to, the act of soliciting, asking, or begging in any of the following manners:

(a) Intentionally coming within three (3′) feet of a solicited person unless and until that person has indicated, by word or conduct, he or she wishes to make a donation.

(b) Continuing to request a donation from a solicited person, after that person has indicated by word or conduct, he or she does not wish to make a donation.

(c) Persisting in closely following or approaching a person they have solicited, after that person has indicated by word or conduct, he or she does not wish to make a donation.

(d) Blocking the path of a person solicited, or other pedestrians, along a sidewalk, alley, public walkway, and street or in any public place.

(e) Using profane, offensive or abusive language, either during the solicitation or following a refusal.

(f) Approaching any person, whom a reasonable person would immediately identify as being under the age of 18, for the purpose of solicitation.

(g) While under the influence of alcohol or any illegal narcotic or controlled substance.

(h) Accosting any person in any public place, or place open to the public, for purposes of soliciting or begging. "Accost" includes walking up to and approaching a person in a manner likely to threaten or harass or intimidate a reasonable person.

(i) Approaching any operator or occupant of a motor vehicle for the purpose of soliciting, asking or begging while the operator or occupant is entering or exiting or operating a motor vehicle that is stopped in any public place or roadway.

(j) Rendering any service to a motor vehicle, including but not limited to any cleaning, washing, protecting, guarding or repairing of said vehicle or any portion thereof, without the consent of the owner, operator or occupant of such vehicle, and thereafter, requesting payment for the performance of such service, regardless of whether such vehicle is stopped, standing or parked.

(§ 1, Ord. 991, eff. December 4, 2002, as amended by § 8, Ord. 1161, eff. February 17, 2018)

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction, shall be punishable as set forth in Chapter 2 of Title 1 of this Code, except that a second, and any subsequent violation occurring within a year may be charged as a misdemeanor.

(§ 1, Ord. 991, eff. December 4, 2002, as amended by § 8, Ord. 1161, eff. February 17, 2018)