San Bruno Municipal Code Ch. 6.13 Prohibition Against Abusive Solicitation

Note: Editor's note: In July 2007, under the direction of the city attorney, Ch. 4.66 was renumbered to be Ch. 6.13.

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

(Ord. 1657 § 2, 2002; Ord. 1897 § 3, 2021)

The following words or phrases as used in this chapter shall have the following meanings:

"Donation"

means a gift of money or other item of value and shall also include the 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 gift.

"Median strip of any public highway"

is defined according to California Vehicle Code Section 360.

"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, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby, and other portion of any business establishment, and apartment house or hotel not constituting a room or apartment designed for actual residence.

"Solicitation"

means any request made in person seeking an immediate donation of money, other item of value, or soliciting the sale of goods or services. A person shall not be deemed to be in the act of individual solicitation when he or she passively displays a sign or gives any other indication that he or she is seeking donations without addressing his or her solicitation to any specific person, other than in response to an inquiry by that person. As defined herein, a solicitation is deemed complete when the request is made, whether or not a transaction is completed or an exchange of money or other property takes place.

(Ord. 1657 § 2, 2002; Ord. 1897 § 3, 2021)

A. No person shall engage in abusive solicitation in any public place.

B. "Abusive solicitation" means to do one or more of the following while engaging in solicitation or immediately thereafter:

1. Coming closer than five feet to the person solicited unless and until the person solicited indicates that he or she wishes to make a donation;

2. Blocking or impeding the passage of the person solicited or of persons passing by;

3. Following the person solicited by proceeding behind, ahead or alongside of him or her after the person solicited declines to make a donation;

4. Threatening the person solicited with physical harm by word or gesture;

5. Abusing the person solicited with words which are offensive and inherently likely to provoke an immediate violent reaction;

6. Touching the solicited person without the solicited person's consent; or

7. Engaging in solicitation activity in any of the prohibited places specified in Section 6.13.040.

(Ord. 1657 § 2, 2002; Ord. 1897 § 3, 2021)

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

A. Bus stops;

B. Public transportation vehicles or facilities;

C. A vehicle on public streets or alleyways;

D. Public parking lots or structures or private driveways leading to a public street or structure;

E. Outdoor dining areas of restaurants or other dining establishments serving food for immediate consumption;

F. Within thirty feet of an automated teller machine;

G. A queue of five or more persons waiting to gain admission to a place or vehicle, or waiting to purchase an item or admission ticket; or

H. Within the median strip of any public highway, as defined in California Vehicle Code Section 360.

(Ord. 1657 § 2, 2002; Ord. 1897 § 3, 2021)

Any person who engages in abusive individual solicitation as defined herein shall be guilty of a misdemeanor and, upon conviction thereof shall be punished by a fine of not less than five hundred dollars or by imprisonment of not more than six months or both.

(Ord. 1657 § 2, 2002; Ord. 1897 § 3, 2021)