Article XIII

Solicitation in Public Places, Controls, and Prohibitions

§ 19-164. Prohibition of aggressive solicitation. [Ord. No. 1242-16 § 2.]

• (a) Findings. The Oakdale City Council finds that aggressive solicitation for money or anything of value directed at residents of and visitors to the City of Oakdale threatens public safety, impairs commercial activity and harms public welfare. Aggressive solicitation interferes with the public's inherent right to use and enjoy public places without fear of intimidation caused by those persons who harass others by asking for money or goods. Such conduct can undermine economic vitality by inconveniencing patrons and thus reduces shopping activity within the City. Such conduct can discourage visitors and prospective customers from coming to the City of Oakdale for business, shopping or recreation because it creates an atmosphere of discomfort and fear.

• (b) Definitions. For the purposes of this section, the following definitions apply to this section and to § 19-165:

  • (1) AGGRESSIVELY SOLICIT — To solicit with the intent to intimidate another person into giving money or goods.

  • (2) AUTOMATIC TELLER MACHINE — Any electronic information processing device which dispenses or accepts cash in connection with a credit deposit or convenience account.

  • (3) BANK — Any bank, banking association, trust company, savings bank, check cashing business, credit union, or other banking institution.

  • (4) SOLICIT — To ask for money or goods as an act of charity or gift, whether by words, bodily gestures, signs, or other means.

  • (5) HARASS OR HOUND — To closely follow the person solicited, touch the person solicited, or direct profane or abusive language toward the person solicited after the person solicited either expressly or impliedly makes it known that he or she does not want to give money or anything of value to the solicitor.

  • (6) INTIMIDATE — To engage in conduct which would make a reasonable person fearful or feel compelled.

  • (7) OUTDOOR DINING AREA —An outdoor or indoor dining area of a restaurant or other establishment serving food for immediate consumption.

  • (8) PUBLIC PLACE — An area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets.

  • (9) PUBLIC TRANSPORTATION VEHICLES OR FACILITIES — Any vehicle including a trailer bus designed for carrying more than ten (10) persons and the designated or posted stop for the public transportation vehicle.

  • (10) SOLICITATION —Any request made in person seeking an immediate donation of money or other item of value. This shall include passively displaying a sign or any other indication that the person is seeking donations. Solicitation includes begging.

• (c) Prohibition. It shall be unlawful for any person on the streets, sidewalks or in any public place within the City of Oakdale, whether publicly or privately owned, to aggressively solicit, intimidate, harass

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City of Oakdale, CA

OFFENSES – MISCELLANEOUS

§ 19-164

§ 19-166

or hound another person for the purpose of inducing that person to give money or anything of value.

• (d) Violation.

  • (1) Violation of this section shall constitute a misdemeanor.

§ 19-165. Locations where solicitation is prohibited. [Ord. No. 1242-16 § 2.]

• (a) Findings. The intent of the Oakdale City Council in enacting this article is to protect the public safety of the City of Oakdale's residents and visitors against intrusive solicitation by imposing reasonable place restrictions while respecting the constitutional rights of free speech for all citizens. The council finds that solicitation in certain locations throughout the City is extremely disturbing and dangerous to residents, visitors, and businesses and will contribute to the loss of access to public places due to fear and intimidation. Solicitation in specific locations near banks, automatic teller machines, and traffic intersections is especially threatening and dangerous to both persons and property. The council further finds that solicitation from people in public places where they are a "captive audience" restricts residents' ability to decline or avoid solicitation. These public places include: public transportation vehicles and stops, public parking lots or structures, and indoor/outdoor dining areas.

• (b) Prohibition. Solicitation shall be prohibited when the person solicited is in any of the following locations:

  • (1) Within twenty-five feet of public transportation vehicles or facilities;

  • (2) Motor vehicles that are located within one hundred feet of any intersection controlled by an official traffic signal as set forth in Vehicle Code Section 21450;

  • (3) Public parking lots or structures after sunset;

  • (4) Indoor/outdoor dining areas of restaurants;

  • (5) Within twenty-five feet of any public park;

  • (6) Within twenty-five feet of the entrance or exit of a bank during business hours or automatic teller machine during the time it is available for customer's use; and

  • (7) Within twenty-five feet of a group of five or more persons waiting to gain admission to a place or vehicle, or waiting to purchase an admission ticket or item.

• (c) Violation.

  • (1) Violation of this section shall constitute a misdemeanor.

§ 19-166. Exception – Permit. [Ord. No. 1242-16 § 2.]

Any person or group may engage in solicitation activities otherwise prohibited by this chapter under the following conditions and restrictions:

• (a) A permit is secured in advance of the solicitation activity from the Oakdale Police Department.

• (b) All restrictions regarding the prohibition of aggressive solicitation prohibited or restricted by § 19-165 of this chapter shall remain applicable.

• (c) The police chief, or his or her designee, has determined that the solicitation will be conducted in a

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City of Oakdale, CA § 19-166

OAKDALE CITY CODE

§ 19-166

manner which will not unduly endanger public safety. In this regard, the police chief, or his or her designee, may impose such reasonable restrictions on the manner in which the activity is conducted and the time and location of such solicitation as may be necessary to ensure the public's safety.

• (d) Each individual or group shall be limited to one permit during any twelve month period.

• (e) Any permit issued pursuant to this section shall be limited to one twenty-four hour period and the permit shall state on its face the beginning and ending times and any other condition imposed. As a condition of the permit, the permittee shall obtain insurance in a form acceptable to City, listing the City of Oakdale as an additional insured and the permittee shall indemnify the City against any and all claims arising directly or indirectly from the permittee's activity/conduct. The permittee's obligation to indemnify the City is not contingent on the permittee obtaining the insurance required by this section.

• (f) Every individual person to whom a permit is issued shall have in their possession at all times during the period of solicitation, a copy of the permit. When a permit is issued to a group or organization and the solicitation will be conducted by multiple persons, the police chief, or his or her designee, may administratively implement such policies and procedures necessary to easily identify those persons who are authorized to conduct solicitation activity pursuant to the permit.

• (g) Each applicant for a permit shall submit to the police chief, or his or her designee, at least ten days before the date of the proposed solicitation; an application for a permit on forms prescribed by the police chief. At the time of submitting its application, each individual or group shall pay a nominal processing fee of ten dollars.

• (h) A permit may be denied to any person who has been convicted of an offense involving fraud, embezzlement or similar crimes. If the applicant is a group or organization, the permit may be denied if the principal financial officer of the group or organization has been convicted of such crimes.

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City of Oakdale, CA § 19-167

OFFENSES – MISCELLANEOUS

§ 19-171