Montebello Municipal Code Ch. 12.30 Aggressive Panhandling and Panhandling in Unauthorized Locations

A. It is the intent of the council in enacting the ordinance codified in this chapter 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 aggressive panhandling by imposing reasonable restrictions on aggressive, intrusive, or unsafe panhandling while respecting the constitutional rights of free speech for all citizens.

B. Aggressive and intrusive panhandling typically includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The council finds that an increase in aggressive and intrusive panhandling in the city has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places, but also in certain circumstances to an enhanced sense of fear, and disorder. Aggressive panhandling unquestionably threatens the public's safety and welfare. Aggressive panhandling also undermines the public's inherent right to use and enjoy public places without being accosted by or be in reasonable apprehension of persons demanding money or goods in a forceful manner. The actions of individuals engaged in aggressive panhandling likewise can create a climate of intimidation and anxiety among members of the public, who when confronted, reasonably and legitimately fear harm if they refuse to give in to the solicitations of individuals engaged in this type of conduct.

C. Aggressive panhandling usually includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrians and/or vehicles. The council further finds that the presence of individuals who panhandle from persons at or near banks or automated teller machines (and similar retail financial businesses), in parking lots, at transit stops and in certain other public locations is especially threatening and dangerous. Such activity often carries with it an implicit threat to both person and property.

D. The council further finds as abusive the panhandling of people in places where they are a "captive audience," in which it is impossible or difficult for them to exercise their own right to decline to listen to or to avoid panhandling from others. Such places include parking lots and structures, transit stops and outdoor dining areas. Aggressive and targeted panhandling of commercial customers as they enter and exit retail stores, restaurants, bars and cafes has become increasingly disturbing to residents and business, and threatens the economic vitality of the city. Restricting panhandling in such locations will provide a balance between the rights of those panhandling and the rights of persons who wish to decline or avoid such panhandling, and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations. The city council further finds that the presence of individuals who panhandle for money from persons at or near banks or automated teller machines is especially threatening and dangerous. Such activity often carries with it an implicit threat to both person and property. Restricting panhandling in such places will provide a balance between the rights of panhandlers and the rights of persons who wish to decline or avoid such panhandlings, and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations.

E. The city council has considered evidence presented to it concerning the safety of individuals standing on median islands who have directed their activities at persons traveling in vehicles on city streets and the secondary effects of those activities on traffic, moving vehicles, and/or those persons who were in moving vehicles. Panhandling on roadway median strips, at traffic intersections, and in the public roadway increases the risk of drivers becoming distracted from their primary duty to watch traffic which may result in automobile accidents, congestion and blockage of streets, and delay an obstruct of the free flow of travel, all of which constitute substantial traffic safety problems.

F. The city council finds that soliciting on medians presents safety hazards to the persons on the median islands, traffic congestion, interference with passage on public streets, and other safety impacts which result from the conduct occurring on or near the median islands and not from the content or viewpoint of any such speech activity in which any of them may be engaged.

G. The city council declares that its intent in enacting this chapter is not to interfere with the exercise of First Amendment rights of those lingering, loitering, or soliciting on the medians, but only to minimize the safety hazards of those in the median islands as well as the drivers of vehicles in a particular place and manner which minimizes those safety hazards.

H. The city council further finds that the practice of panhandling near driveways accessing shopping centers, retail, and business establishments is unsafe and hazardous for panhandlers, drivers, pedestrians and the general public. The location of the panhandler near the driveway compromises the panhandler's safety, impedes visibility, and impairs a driver's ability to safely enter and exit. Drivers also become distracted from their duty to watch traffic which may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.

I. The restrictions contained herein are neither overbroad nor vague and are narrowly tailored to serve a substantial governmental interest. Furthermore, in enacting this legislation, the council recognizes the availability of warnings, community service or other sentencing alternatives, which may be appropriate remedies for violations of this law.

(Ord. No. 2425, § 2, 8-26-2020)

For purposes of this section:

A. "Aggressive panhandling" shall mean any of the following:

1. Approaching, speaking, or non-verbally communicating to a person, or following a person before, during or after soliciting, asking or begging, in a manner that is intended or is likely to cause a reasonable person to:

a. Fear bodily harm to oneself or to another, damage to or loss of property, or

b. Otherwise be intimidated into giving money or other thing of value;

2. 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;

3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting, asking or begging;

4. Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;

5. 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 panhandler; or

6. Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction before, during, or after soliciting, asking or begging.

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

C. "Automated teller machine facility" shall mean 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.

D. "Bank" means 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.

E. "Check cashing business" means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with section 12000.

F. "Credit union" means 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.

G. "Median strip" shall mean a paved, striped or planted area of the public right-of-way that divides a street or highway according to the direction of travel.

H. "Panhandle or panhandling" shall mean the solicitation, asking, or begging for an immediate donation of money, service, or thing of value using spoken, written, or printed word, or bodily gestures.

I. "Public place" shall mean a place to which a governmental entity has ownership or 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, 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.

J. "Savings and loan association" means any federal savings and loan association and any "insured institution" as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.

K. "Solicit or solicitation," shall mean using 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, sen/ices or any request, offer, enticement, or action which announces the availability of a person to engage in an employment transaction.

(Ord. No. 2425, § 2, 8-26-2020)

It shall be unlawful for any person to engage in aggressive panhandling (as defined in Section 12.30.020) on a public street or sidewalk or any other public place, whether publicly or privately owned.

(Ord. No. 2425, § 2, 8-26-2020)

A. Banks and automated teller machines. No person shall panhandle within forty 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 forty 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 paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.

1. Exemptions. The provisions of Section 12.30.040(1) shall not apply to any 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, clothing stores, 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.

B. Medians. It shall be unlawful for any person, while that person is located on a street median designated by resolution of the city council, to panhandle from occupants of a motor vehicle on that street location.

C. Parking lots. No person shall panhandle in any public or private parking lot or structure any time after dark, unless with the express authorization of the owner, manager, or supervisor of the business operating at the property in which the parking lot is located. "After dark" means any time from one-half hour after sunset to one-half hour before sunrise.

D. Public transportation stop. No person shall panhandle within twenty feet of any bus or other public transportation vehicle stop.

E. Outdoor dining areas. It shall be unlawful for any person to panhandle within twenty feet of any outdoor dining area of a restaurant, cafe, or dining establishments serving food.

F. Queuing areas. No person shall panhandle within twenty feet of a queue of two or more persons or vehicles waiting to gain admission to a place waiting to purchase an item or admission ticket. Queuing areas shall include, but are not limited to, restaurant drive-thrus, movie theater lines, restaurant lines, or lines for live entertainment.

G. Driveways accessing public or private property. It shall be unlawful for any person located within twenty feet of a driveway providing vehicular access to private or public property to panhandle from occupants of a motor vehicle.

(Ord. No. 2425, § 2, 8-26-2020)

Any person in violation of any provision of this Chapter, or who causes, allows or permits said violation shall be punishable pursuant to Chapter 1.12 (General Penalty) of the Montebello Municipal Code.

(Ord. No. 2425, § 2, 8-26-2020)

Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.

(Ord. No. 2425, § 2, 8-26-2020)