Chapter 9.51

• (A) It is the intent of the Council in enacting the ordinance codified in this Chapter to preserve and improve the quality of life for those in 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) This Chapter is not intended to, and does not, prohibit nonaggressive panhandling, and is limited to aggressive panhandling on public property.

• (C) Aggressive and intrusive panhandling includes unwanted physical contact of pedestrians and others or the intentional blocking of pedestrian and vehicular traffic. The City Council finds that an increase in aggressive panhandling in the City has become extremely disturbing and disruptive to residents and businesses, and contributes to the loss of access to and enjoyment of public places, and 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. Aggressive panhandling also reflects behaviors that are otherwise illegal, such as assaulting persons, and is unrelated to the content of speech, and these regulations are in no way intended to regulate in any manner the content of speech.

• (D) Aggressive panhandling usually includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrians. Such activity often carries with it an implicit threat to both person and property.

• (E) The City Council further finds that restricting aggressive panhandling on public property will provide a balance between the rights of panhandlers and the rights of persons who wish to decline or avoid such aggressive panhandling and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations while allowing all members of the public to peacefully utilize and enjoy public property.

• (F) The restrictions contained herein are neither overbroad nor vague and are narrowly tailored to very specific conduct occurring on public property and focused to serve a substantial governmental interest. Furthermore, in enacting this legislation, the City Council recognizes the inherent availability of warnings and alternative administrative and civil remedies which may be appropriate remedies for violations of this law.

• (Ord. 1634 § 30, 2024)

As used in this Chapter, the terms listed below shall have the meaning assigned them:

"Aggressive panhandling" means any of the following:

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City of Palmdale, CA

PALMDALE CODE

§ 9.51.020

§ 9.51.050

• (1) Approaching or speaking to a person, or following a person before, during, or after soliciting, if that conduct 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, goods, or other things 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; or

• (4) 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.

"Bona fide charity" or "charity" means any social, religious, educational, sports, arts, or other similar bona fide nonprofit organization not engaged in any criminal activity or enterprise for which financial donations are collected.

"Panhandling" means to ask for or solicit money, property, or other favor, regardless of value.

The definitions set forth in PMC Chapter 1.20 (Administrative Citations) are also applicable to this Chapter.

(Ord. 1634 § 30, 2024)

• (A) It shall be unlawful for any person to engage in any aggressive panhandling on any public property, including any City park, City building, and public street, highway, sidewalk, or public right-of-way.

• (B) This Chapter does not apply to any bona fide charity or person that engages in panhandling that is not aggressive, as defined in this Chapter.

• (C) This Chapter does not apply to protected speech activities or other activity protected by law.

• (Ord. 1634 § 30, 2024)

The City is authorized to take such actions as may be required for enforcement of this Chapter. The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with, or in lieu of, each other remedy. (Ord. 1634 § 30, 2024)

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City of Palmdale, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.51.050

§ 9.51.060

Any violation of this Chapter shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36 (Regulation of Property Maintenance). The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with, or in lieu of, each other remedy.

(Ord. 1634 § 30, 2024)

Violations of any provision of this Chapter shall be punishable as set forth in PMC Chapter 1.12 (Penalty Provisions). Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC § 1.12.030 (Continuing violations). (Ord. 1634 § 30, 2024)

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City of Palmdale, CA