Mendocino County Municipal Code Ch. 8.72 Unlawful Panhandling

The Board of Supervisors finds that this Chapter is necessary for the following reasons:

(A) Within the past two (2) years, there has been a substantial increase in aggressive panhandling in Mendocino County.

(B) The number of people engaging in this activity has increased in parking lots, at entrances to business establishments such as grocery stores, and on streets and major intersections and freeway on- and off-ramps.

(C) When this activity occurs in such places, it interferes with the safety, privacy, and security of the people who are approached for contributions of money, goods, or services.

(D) Panhandling of operators and other occupants of motor vehicles on public streets and freeway on- and off-ramps impedes traffic and endangers those who may enter the roadway to negotiate or complete an exchange of money, goods, or services.

(E) Panhandling in parking lots or within close proximity to the entrance to financial institutions, supermarkets, or retail stores can be intimidating or can threaten people using such facilities and undermine their sense of safety, privacy, and quality of life.

(F) In February 2005, the City of Ukiah adopted an ordinance imposing restrictions on unlawful panhandling within the city limits. Since the city's ordinance took effect, the County has experienced an increase in aggressive panhandling activities in the commercial areas of the unincorporated area immediately outside the city limits.

(G) Reasonable time, place, and manner restrictions on panhandling will avoid these negative effects, and will not unreasonably restrict the expressive activity of people engaging in panhandling.

(Ord. No. 4172 (part), adopted 2006.)

The following words and phrases, wherever used in this Chapter, shall be construed as defined in this Section, unless it is clear from the context that they have a different meaning.

(A) "Aggressive manner" means:

(1) Approaching or speaking to a person, or following a person before, during, or after panhandling, if that conduct is likely to cause a reasonable person to:

(a) Fear bodily harm to oneself or another person, or damage to or loss of property; or

(b) Otherwise be intimidated into giving money or another thing of value; or if the conduct is intended to have these effects.

(2) Approaching an occupied vehicle by entering into the roadway when traffic is either stopped or moving, before, during, or after panhandling;

(3) Knocking on the window of, or physically reaching toward or into an occupied vehicle, whether that vehicle is on a public street or parked, before, during, or after panhandling;

(4) Continuing to solicit from a person after the person has given a negative response to such panhandling;

(5) Intentionally touching or causing physical contact with another person without that person's consent in the course of panhandling;

(6) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact before, during, or after panhandling;

(7) Using violent or threatening gestures toward a person before, during, or after panhandling;

(8) Using profane, offensive, or abusive language toward a person before, during, or after panhandling;

(9) Panhandling while under the influence of alcohol or any illegal narcotic or controlled substance; or

(10) Following a person while panhandling with the intent of asking that person for money, goods, or other things of value.

(B) "Panhandling" means asking for money or objects of value, with the intention that the money or object be transferred at that time and at that place. "Panhandling" shall include using the spoken, written, or printed word, 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.

(C) "Public place" means a place where a governmental entity has title to or which the public or a substantial group of persons has access, including, but not limited to, street, highway, parking lot, plaza, transportation facility, shopping center, school, place of amusement, park, or playground.

(D) "Check cashing business" means any person, corporation, partnership or firm duly licensed by the Attorney General to engage in the business of cashing checks, drafts, or money orders for consideration under Section 1789.31 of the California Civil Code.

(E) "Automated teller machine" means a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments, whether or not that device is affiliated with or owned by a specific financial institution.

(F) "Automated teller machine facility" means the area comprised of one (1) or more automatic teller machines and any adjacent space that is made available to banking customers during or after regular banking hours.

(Ord. No. 4172 (part), adopted 2006.)

It is unlawful and a public nuisance for any person to:

(A) Panhandle in an aggressive manner in any public place.

(B) Panhandle within twenty (20) feet of any entrance or exit of any check cashing business, supermarket or retail store, or within twenty (20) feet of any automated teller machine without the consent of the owner/agent of the property or another person legally in possession of such facilities; 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 facility.

(C) Panhandle an operator or other occupant of a motor vehicle while such vehicle is located on any street or highway on-ramp or off-ramp, for the purpose of performing or offering to perform a service in connection with such vehicle or otherwise soliciting a donation or the sale of goods or services; provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle.

(D) Panhandle in any public transportation vehicle, or any public or private parking lot or parking structure.

(Ord. No. 4172 (part), adopted 2006.)

A first offense of any violation of this Chapter shall be an infraction punishable as provided in Mendocino County Code Section 1.04.110(B). Any second or subsequent offense of this Chapter shall be a misdemeanor punishable as provided in Mendocino County Code Section 1.04.110(A).

(Ord. No. 4172 (part), adopted 2006.)

Nothing in this Chapter shall limit or preclude the enforcement of other applicable laws, and to that end, the remedies under this Chapter and the punishments thereunder shall be cumulative and not exclusive.

(Ord. No. 4172 (part), adopted 2006.)

The provisions of this Chapter are separate and severable. If any provision of this Chapter is for any reason held by a court to be unconstitutional or invalid, the Board declares that it would have passed this Chapter irrespective of the invalidity of the provision held to be unconstitutional or invalid. Such unconstitutionality or invalidity shall therefore not affect the remaining provisions of this Chapter, or the validity of its application to other persons or circumstances.

(Ord. No. 4172 (part), adopted 2006.)