Pomona Municipal Code § 30-605 Panhandling in public rights-of-way

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alms means and includes charitable donations, contributions, money or other thing of value.

Civic parking area means publicly owned property which is designated and/or used primarily for the parking of vehicles and which adjoins one or more governmental and/or public buildings within the Civic Plaza.

Civic Plaza or Civic Center Plaza means and refers to that area bounded by Mission Boulevard to the north, Seventh Street to the south, Garey Avenue to the east, and Park Avenue to the west.

Commercial parking area means privately owned property which is designated and/or used primarily for the parking of vehicles and which adjoins one or more commercial and/or professional establishments.

Panhandling means and includes the activity of requesting, enticing, begging, or asking for alms. This term shall not include those individuals who are licensed to engage in the business of solicitation within the city pursuant to this article.

Solicit, ask or beg means and includes using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value, or soliciting the sale of goods or services.

Solicitor includes any person who, traveling by foot or by vehicle, solicits orders for or sells any merchandise, including magazines and food, or who solicits to perform or performs any type of service.

(Code 1959, § 19-1; Ord. No. 3240, § 1 (part); Ord. No. 3843, § 2; Ord. No. 4034, § 1, 8-1-2005)

Cross reference— Definitions generally, § 1-2.

A violation of this article shall constitute an infraction.

(Code 1959, § 19-12; Ord. No. 3240, § 1 (part); Ord. No. 3843, §§ 3, 7)

No solicitor shall visit or seek entrance to any dwelling unit for the purpose of selling any product or service where a sign is posted stating "no solicitors or agents" or words of similar import. Furthermore, no solicitor shall visit or seek entrance to any dwelling for the purpose of selling any product or service between the hours of 9:00 p.m. and 8:00 a.m., unless permission is first obtained from the occupant of such unit by prearranged appointment prior to coming upon the premises of such unit.

(Code 1959, § 19-7; Ord. No. 3240, § 1 (part))

(a) It is unlawful for any licensed solicitor to solicit or attempt to solicit business while standing in any portion of the public right-of-way, including but not limited to public streets, highways, sidewalks and driveways, from any person traveling in a vehicle along a public right-of-way, including, but not limited to, public streets, highways or driveways.

(b) It is unlawful for any licensed solicitor, while the occupant of any vehicle, to solicit or attempt to solicit business from any person who is within the public right-of-way, including, but not limited to, a public street, highway, sidewalk or driveway.

(Code 1959, § 19-8; Ord. No. 3843, § 3)

(a) It is unlawful for any person, while standing in any portion of the public right-of-way, including but not limited to public streets, highways, sidewalks and driveways, to panhandle or attempt to panhandle from any person travelling in a vehicle along a public right-of-way, including but not limited to public streets, highways or driveways.

(b) It is unlawful for any person, while the occupant of any vehicle, to panhandle or attempt to panhandle from any person who is within the public right-of-way, including but not limited to a public street, highway, sidewalk or driveway.

(Code 1959, § 19-9; Ord. No. 3843, § 4)

(a) No person shall panhandle or attempt to panhandle from a location within a commercial parking area other than an area within or served by such parking area which is authorized by the property owner or the property owner's authorized representative for such panhandling.

(b) This section shall only apply to commercial parking areas where all of the following has occurred:

(1) The owner or person in lawful possession of the commercial parking area establishes a written policy which provides areas for lawful panhandling in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises;

(2) A copy of such policy is submitted to the city planner to be maintained in city files; and

(3) The owner or person in lawful possession of the commercial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area. The notice shall be not less than 18 by 24 inches in size with lettering not less than one inch in height and shall not exceed, in total area, six square feet. The notice shall be in substantially the following form:

IT IS UNLAWFUL TO ENGAGE IN PANHANDLING AND/OR THE SOLICITATION OF CONTRIBUTIONS OF MONEY OR OTHER PROPERTY IN AREAS OF THIS PARKING LOT WHICH ARE NOT APPROVED FOR SUCH ACTIVITY BY THE PROPERTY OWNER. Pomona City Code section 30-606.

(Code 1959, § 19-10; Ord. No. 3843, § 5)

It is unlawful for any person to panhandle or attempt to panhandle in any of the following locations:

(1) Within 25 feet of any bus stop;

(2) Within 25 feet of the entrance or exit of any bank, savings and loan, or other financial institution building during the normal business hours that such financial institution is open to the public;

(3) Within 25 feet of any automated teller machine, cash disbursal machine, outdoor money changing machine, or any other outdoor machine or device which disburses cash;

(4) Within 25 feet of the entrance or exit of any church, temple, synagogue, or other house of worship during the normal hours that such facility is open to the public.

(5) Within the walkways leading from any civic parking area to any facilities located in the Civic Plaza, and within 25 feet of any doorway, entrance, hallway, lobby and other portion of any governmental and/or public building located in the Civic Plaza.

(Code 1959, § 19-11; Ord. No. 3843, § 6; Ord. No. 4034, § 2, 8-1-2005)

(a) No panhandler or licensed solicitor shall solicit, ask or beg in an aggressive manner within the City of Pomona.

(b) Aggressive manner shall mean any of the following:

(1) Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to (i) fear bodily harm to oneself or to another, damage to or loss of property, or (ii) otherwise be intimidated into giving money or other thing of value;

(2) Intentionally touching or causing physical contact with another person 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;

(4) Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;

(5) 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 solicitor; or

(6) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction either before, during, or after solicitation.

(Ord. No. 4034, § 3, 8-1-2005)