Chapter 9.65 — AGGRESSIVE SOLICITATION

(a)

It is the purpose and intent of this chapter to impose reasonable time, place, and manner limitations on solicitation, as defined herein, in order to protect the safety of the general public against aggressive solicitation while respecting the constitutional right to free speech.

(b)

The provisions of this chapter shall not be construed to prohibit:

(1)

The right to exercise protected free speech;

(2)

The lawful vending of goods and services;

(3)

Solicitations related to business authorized by or conducted by the property owner, business owner, or employees thereof on the premises;

(4)

Solicitations related to the lawful towing of a motor vehicle;

(5)

Solicitations related to emergency repairs requested by the operator or other occupants of a motor vehicle.

(Ord. No. 1386, § 3, 12-10-2019)

Unless the context requires otherwise, the following words, when used in this chapter, shall have the meaning set forth in this section. Variants of defined terms shall be construed in the same manner as the defined terms themselves.

Aggressive manner shall mean any of the following:

(1)

Intentionally or recklessly touching or causing any physical contact with another person or an occupied motor vehicle without that person's consent before, during or after soliciting;

(2)

Intentionally or recklessly blocking or interfering with the safe or free passage of a pedestrian or motor vehicle by any means before, during or after soliciting, including unreasonably requiring a pedestrian or motor vehicle operator to take evasive action to avoid physical contact with the person making the solicitation;

(3)

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

(4)

An unlawful attempt, coupled with a present ability, to commit a violent injury on the person solicited either before, during or after soliciting; or

(5)

Any willful and unlawful use of force or violence upon the person solicited either before, during, or after soliciting.

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

Motor vehicle means any propelled vehicle or vehicle drawn by a power other than muscular strength, other than a motorized wheelchair.

Public place means a place to which the public or a substantial group of persons has access, and includes, without limitation, any alley, bridge, driveway, street, highway, freeway off-ramp, freeway on-ramp, sidewalk, median, parking lot, public parking garage, plaza, transportation facility, school, place of

amusement, park, playground, restroom, 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.

Solicit shall mean asking for money or objects of value, with the intention that the money or object be transferred at that time and at that place. Soliciting shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other things of value or soliciting the sale of goods or services.

(Ord. No. 1386, § 3, 12-10-2019)

No person shall solicit in an aggressive manner in any public place.

(Ord. No. 1386, § 3, 12-10-2019)

No person shall solicit upon any median or in any manner or location that is inconsistent with the provisions of the California Vehicle Code.

(Ord. No. 1386, § 3, 12-10-2019)

(a)

Misdemeanor. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or infraction pursuant to Chapter 1.16 of this Code.

(b)

Remedies cumulative. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter.

(Ord. No. 1386, § 3, 12-10-2019)