Article XXII — PROHIBITION ON AGGRESSIVE PANHANDLING

AND SOLICITATION

SEC. 7-330. FINDINGS.

(A) The city council finds that aggressive panhandling for money or anything of value directed at residents of and visitors to the city threatens public safety, impairs commercial activity, and harms public welfare. Aggressive panhandling 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 deterring patrons and thus reduces shopping activity within the city. Such conduct can discourage visitors and prospective customers from coming to the city for business, shopping, or recreation because it creates an atmosphere of discomfort and fear.

(B) Further, the intent of the city council in enacting this article is to protect the public safety of the city’s residents and visitors against intrusive solicitation by imposing reasonable restrictions while respecting the constitutional right of free speech for all residents. The city 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 specific locations near banks, automatic teller machines, and traffic intersections is especially threatening and dangerous to both persons and property. The city council further finds that solicitation from people in public places where they are “captive” restricts residents’ ability to decline or avoid solicitation. These public places include: public transportation vehicles and stops, banks, public parking lots or structures, and indoor/outdoor dining areas. The restrictions contained herein are narrowly tailored to serve a substantial governmental interest. The city seeks to protect citizens from fear, intimidation, and dangerous conditions that accompany certain kinds of solicitation that occurs in specific locations within the city.

(Ord. No. 2966)

SEC. 7-331. DEFINITIONS.

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

(A) AGGRESSIVE PANHANDLING - To ask, gesture, or otherwise solicit alms in a manner that intimidates another person into giving money or goods.

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

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

(D) 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.

(E) INTIMIDATE - To engage in conduct which would make a reasonable person fearful or feel compelled to comply.

(F) OUTDOOR DINING AREA - An area used to serve food for immediate consumption located adjacent to a restaurant or other food service establishment.

(G) PANHANDLE - To ask for money or goods as a charity or gift, whether by words, bodily gestures, signs, or other means.

(H) PUBLIC PLACE - Includes, but is not limited to, city owned alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets.

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

(J) SOLICITATION - Any request made in person seeking an immediate donation of money or other items of value. This shall include passively displaying a sign or any other indication that the person is seeking donations. Solicitation includes panhandling.

(Ord. No. 2966)

SEC. 7-332. PROHIBITION ON AGGRESSIVE PANHANDLING.

(A) It shall be unlawful for any person on the streets, sidewalks, or in any public place within the city to aggressively panhandle, intimidate, harass, or hound another person for the purpose of inducing that person to give money or anything else of value.

(B) For the purposes of this article, a person aggressively panhandles, intimidates, harasses, or hounds another person when the solicitor’s conduct would cause a reasonable person in the position of the solicitee to fear for his or her safety; the solicitor intentionally blocks the path of the solicitee; or the solicitor persists in following the solicitee closely, and continues to demand money or other thing of value after the solicitee has rejected the solicitation by words or conduct.

(C) For the 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: the solicitor makes physical contact with the solicitee; the proximity of the solicitor to the solicitee; the duration of the solicitation; or the solicitor makes threatening gestures or other threatening conduct, including closely following the solicitee.

(Ord. No. 2966)

SEC. 7-333. LOCATIONS WHERE SOLICITATION IS PROHIBITED.

Solicitation shall be prohibited when the person solicited is in any of the following locations:

(A) Within 25 feet of public transportation vehicles or facilities;

(B) Motor vehicles that are located within 100 feet of any intersection controlled by an official traffic signal as set forth in Cal. Vehicle Code, Section 21450;

(C) City owned parking lots or structures;

(D) Outdoor dining areas; and

(E) Within 25 feet of the entrance or exit of a bank during business hours or automatic teller machine during the time it is available for customer use.

(Ord. No. 2966)

SEC. 7-334. VIOLATION.

A violation of this article may be enforced according to the provisions of section1-10 of the city code.

(Ord. No. 2966)