Oceanside Municipal Code Art. III Aggressive Solicitations

For purposes of this article, the following definitions shall apply:

Aggressively means behaving in a hostile manner.

Coerce means to force or bring about by force or threat.

Harass means to irritate or torment persistently.

Hound means to pursue relentlessly and tenaciously.

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

Intimidate means to frighten into submission or obedience.

Solicitor means a person who asks for money or goods as a charity, whether by words, bodily gestures, signs, or other means.

Threaten means to express an intention to inflict evil, injury, or damage.

(Ord. No. 98-17, § 1, 4-22-98)

It is unlawful for any person on the streets, sidewalks, or other places open to the public, whether publicly or privately owned, to aggressively coerce, threaten, hound, harass, or intimidate another person for the purpose of soliciting money or goods.

(Ord. No. 98-17, § 1, 4-22-98)

For purposes of this article, a person "aggressively coerces, threatens, hounds, harasses or intimidates another person" when:

(1) The solicitor's conduct would cause a reasonable person in the position of the solicited to fear for his or her safety; or

(2) The solicitor intentionally blocks the path of the solicited; or

(3) The solicitor persists in following the solicited closely, and continues to demand money or other thing of value after the solicited has rejected the solicitation by words or conduct.

(Ord. No. 98-17, § 1, 4-22-98)

For purposes of this article, the following facts, among others, are relevant in deciding whether a reasonable person would have cause to fear for his or her safety:

(1) The solicitor making physical contact with the solicited; or

(2) The proximity of the solicitor to the solicited; or

(3) The duration of the solicitation; or

(4) The solicitor making threatening gestures or other threatening conduct, including closely following the solicited person(s).

(Ord. No. 98-17, § 1, 4-22-98)

This article is not intended to proscribe any demand for payment for services rendered or goods delivered.

(Ord. No. 98-17, § 1, 4-22-98)

This article is not intended to restrict the exercise of protected free speech.

(Ord. No. 98-17, § 1, 4-22-98)

Any person who violates any of the provisions of this article as provided herein shall upon conviction be deemed guilty of a public offense as referenced under this Code and may be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. No. 98-17, § 1, 4-22-98)