Martinez Municipal Code Ch. 9.58 Aggressive Solicitation

A. The City Council finds that there has been a recent rise in instances in which persons have been the victims of begging or soliciting through harassing, threatening, or intimidating tactics calculated to deprive the person of property against his/her will and out of fear for his/her personal safety or physical property.

B. The City Council finds that some of these instances have resulted in discouragement of residents and visitors to frequent certain areas of the City and the loss of business to those businesses where such harassing solicitation tactics are being employed.

C. The City Council finds that harassing forms of begging and soliciting should be prohibited to safeguard the health and welfare of residents, visitors and the business community.

D. The City Council finds that direct personal solicitation of drivers at intersections is distracting and threatens the safe and orderly flow of traffic along City streets.

(Ord. No. 1367 C.S., § I, 12/5/2012)

For the purposes of this Chapter the following terms shall have the following meanings:

A.

Agressive solicitation.

An aggressive solicitation occurs whenever a solicitor (as defined by subsection (B) of this section) commits any act which places a person who is the object of the solicitation in reasonable fear for his/her personal safety or property. An aggressive solicitation may occur under the following circumstances, provided that the object of the solicitation is in reasonable fear for his/her personal safety or property:

The solicitor intentionally blocks the path of the person who is the object of the solicitation; or

The solicitor persists in following closely the person who is the object of the solicitation, while the solicitor continues to demand money or other thing of value, after the person has informed the solicitor by words or conduct that the person does not want to give money or other thing of value to the solicitor.

B.

"Solicit"

means to ask for the immediate donation or payment of money or other thing of value in a coercive, threatening, or harassing manner, whether by words, bodily gestures, signs or other means.

C.

"Solicitor"

is one who solicits as defined in subsection (B) of this section.

D.

"Fear for his/her personal safety."

The following facts, among others, may be considered in deciding whether a reasonable person would be caused to fear for his or her safety or property:

The occurrence of threatening gestures or other threatening conduct of the solicitor, including physically following the object of the solicitation.

The proximity of the solicitor to the object of the solicitation and the duration of the solicitation.

The solicitor's making of physical contact with the object of the solicitation.

E.

"Intentionally block"

means to walk, stand, sit, lie or place an object in such a manner as to block passage by another person or to require another person to take evasive action to avoid physical contact.

(Ord. No. 1367 C.S., § I, 12/5/2012)

It shall be unlawful for any person on the streets, sidewalks, or other places open to the public, whether publicly or privately owned, to engage in any act of aggressive solicitation as defined by this Chapter.

(Ord. No. 1367 C.S., § I, 12/5/2012)

A. In order to promote the safe and orderly flow of traffic and to prevent disruptions of traffic occurring while vehicles are operating at intersections within the City, no person may request, ask, demand, or beg for any money, goods or services, including offering any services in exchange for money, goods or services, from any driver or passenger of any vehicle that is in operation within 10 feet of any intersection of city highways, including intersections of city streets and state highways or state highway on-or off-ramps.

B. As used in this Section, "highway" shall be defined by Vehicle Code Section 360.

C. As used in this Section, "intersection" shall be defined by Vehicle Code Section 365.

(Ord. No. 1367 C.S., § I, 12/5/2012)

Any person who violates any provision of this Chapter is guilty of an infraction and is subject to punishment as provided for in Chapter 1.12 of this Code.

(Ord. No. 1367 C.S., § I, 12/5/2012)