Salinas Municipal Code Ch. 24A Aggressive Solicitation

It is the intent and purpose of the council in enacting this chapter to improve the quality of life and economic vitality of the city, and to protect the safety of the general public against certain abusive conduct of persons engaged in solicitation, by imposing reasonable time, place and manner restrictions on solicitation while respecting the constitutional rights of free speech for all citizens.

The council finds that an increase in aggressive solicitation throughout the city has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder.

Aggressive solicitation usually includes approaching and following pedestrians, the use of abusive language, unwanted physical contact, intimidation or the intentional blocking of pedestrian and vehicular traffic. The council further finds that the presence of individuals who solicit money from persons at or near banks or automated teller machines is especially threatening and dangerous. People parking on city streets frequently find themselves faced with solicitors seeking money as the vehicle's occupants attempt to enter or exit the vehicle and people entering and exiting businesses or dining at indoor or outdoor dining facilities or utilizing public transportation are all placed in situations in which they are a "captive audience" in which it is impossible or difficult for them to exercise their right to decline to listen to or avoid solicitation from others. Restricting solicitations in such places will provide a balance between the rights of solicitors and persons who wish to decline or avoid such solicitations, and will help diminish the threat of violence and intimidation in such unwarranted and unavoidable confrontations, and

This law is timely and appropriate because current laws and city regulations are insufficient to address the aforementioned problems. The restrictions contained herein are narrowly tailored to serve a substantial government interest. Furthermore, in enacting this legislation, the council recognizes its citizens' right to be protected from the fear, harassment and intimidation accompanying certain kinds of solicitation that have become an unwelcome and overwhelming presence in the city.

(Ord. No. 2324 (NCS), § 2.)

"Aggressive solicitation" for the purpose of this chapter includes all behaviors either prohibited or regulated by specific time, place or manner restrictions as set forth in this chapter. "Aggressive solicitation" also includes any conduct during the solicitation or immediately before or after the solicitation, that 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, harassed or threatened.

A "person" for purposes of this chapter includes both individual persons, organizations and entities as set forth in Section 1-01.02 of the Salinas Municipal Code.

A "public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, public walkway, public alley, parking lot, parking structure, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment.

"Solicitation" for the purposes of this chapter, is any request made in person, including asking or begging, seeking an immediate donation of money, food, cigarettes or items of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this chapter.

(Ord. No. 2324 (NCS), § 2.)

No person shall solicit after sunset or before sunrise.

(Ord. No. 2324 (NCS), § 2.)

No person shall solicit in any of the following places, nor shall any person solicit when the person solicited is in any of the following places:

(a) At any bus stop;

(b) In any public transportation vehicle or facility;

(c) In any vehicle on the street or while such vehicle is located in any public place;

(d) On private property, unless the solicitor has permission from the owner, tenant, lessee or agent of the property;

(e) Within twenty-five feet of any bank, savings and loan, or other financial institution buildings, including their outdoor automatic teller machines;

(f) In the parking lot of any bank, savings and loan, or other financial institution;

(g) Within ten feet of any entrance way or exit from any building open to the public other than those referenced in subsection (e);

(h) In any outdoor dining area when patrons are seated at tables or on chairs owned and serviced by an eating establishment;

(i) At any business to which is affixed a sign indicating "No Soliciting, Begging or Panhandling pursuant to SCC 24A." Such sign shall be conspicuously posted at the entrances and exits of the business and be no less than eight inches by eleven inches in size with black lettering on a white background.

(Ord. No. 2324 (NCS), § 2.)

No person shall solicit, ask, or beg in an aggressive manner in any public place. Aggressive solicitation includes, but is not limited to the act of soliciting, asking or begging in any of the following manners:

(a) By blocking the path of a person solicited, or other pedestrians, along a sidewalk, alley, public walkway, street or in any public place;

(b) By using profane, offensive or abusive language, either during the solicitation or following a refusal;

(c) While under the influence of alcohol or any illegal narcotic or controlled substance;

(d) Accosting any person in any public place, or place open to the public, for purposes of soliciting or begging. "Accost" includes walking up to and approaching a person in a manner likely to threaten or harass or intimidate a reasonable person;

(e) 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 other item or value;

(f) 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;

(g) Approaching any operator or occupant of a motor vehicle for the purpose of soliciting, asking or begging while the operator or occupant is entering or exiting or operating a motor vehicle that is stopped in any public place.

(Ord. No. 2324 (NCS), § 2.)

Any person violating any provision of this chapter shall be guilty of a misdemeanor. Each such act of solicitation shall constitute a separate offense.

(Ord. No. 2324 (NCS), § 2.)

If any of the provisions of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions or applications of this chapter which can be given effect without the invalid provision or application. To this end the various provisions of this chapter are severable and each would have been enacted without the other.

(Ord. No. 2324 (NCS), § 2.)