Santa Ana Municipal Code § 10-701 Definitions

The purpose of this Article is to protect the safety and welfare of the public and improve the quality of life and economic vitality of the City of Santa Ana by imposing reasonable time, place, and manner restrictions on aggressive and intrusive solicitation while respecting the constitutional rights of free speech for all citizens.

Aggressive or intrusive solicitation typically includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. Aggressive or intrusive solicitation can contribute to the loss of access to, and enjoyment of, places open to the public, and can create an enhanced sense of fear, intimidation, and disorder.

Solicitation from people in places where they are a "captive audience" because it is difficult or impossible for them to exercise their own right to decline to listen to or avoid solicitation from others, presents a risk to the health, safety, and welfare of the public. The presence of individuals who solicit money from persons at or near banks or automated teller machines can be intimidating or threatening. Such activity often carries with it an implicit threat to both person and property. Other "captive audience" locations include public transportation vehicles, their designated locations for stops, outdoor dining areas, and gasoline stations. Restricting solicitation in such places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid such solicitations and will help to diminish or avoid the threat of violence in such unwarranted and unavoidable confrontations.

Solicitation in the public roadway is unsafe and hazardous for solicitors, drivers, pedestrians, and the general public due to the increased risk of drivers becoming distracted from their primary duty to watch traffic, which may result in automobile accidents, congestion, blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.

The practice of solicitation near driveways accessing shopping centers, retail establishments, and business establishments is unsafe and hazardous for solicitors, drivers, pedestrians, and the general public. The location of a solicitor near a driveway compromises a solicitor's safety, impedes visibility, and impairs a driver's ability to safely enter and exit. Drivers also become distracted from their duty to watch traffic, which may result in automobile accidents, congestion, blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.

(Ord. No. NS-2945, § 2, 5-15-18)

As used in this article:

(a) "Aggressive" means any of the following types of conduct:

(1) Conduct intended or likely to cause a reasonable person to fear bodily harm to oneself or to another, to fear damage to or loss of property, or otherwise to be intimidated into giving money or any other thing of value;

(2) Intentionally touching or causing physical contact with another person or an occupied vehicle without consent;

(3) Closely following or approaching a person, after the person has indicated they do not want to be solicited or do not want to give money or any other thing of value; or

(4) Making violent gestures toward a person.

(b) "Automated teller machine" means any electronic information processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account.

(c) "Automated teller machine facility" means an area comprised of one or more automated teller machines, and any adjacent space made available to banking customers.

(d) "Bank" means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank with deposits which are insured by the Federal Deposit Insurance Corporation.

(e) "Check cashing business" means any person duly licensed as a check seller, bill payer, or prorater pursuant to division 3 of the California Financial Code, commencing with section 12000.

(f) "Credit union" means any federal credit union and any state-chartered credit union with accounts insured by the Administrator of the National Credit Union Administration.

(g) "Donation" means a gift of money or other item of value.

(h) "Financial institution" means any bank, savings and loan association, credit union, or check cashing business.

(i) "Intrusive" means any of the following types of conduct:

(1) Thrusting or forcing oneself close to another person without invitation, permission, or welcome;

(2) Physically contacting another person;

(3) Blocking a person's path of travel; or

(4) Behaving in a threatening manner towards another person.

(j) "Public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, a street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground; or any doorway, entrance, hallway, lobby and other portion not constituting a room or apartment designed for actual residence, of any business establishment, apartment house, or hotel.

(k) "Public transportation vehicle" means any vehicle designed, used, or maintained for carrying 10 or more persons, including the driver; or a vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire.

(l) "Solicit" or "solicitation" means to ask, beg, or request for an immediate donation of money or any other thing of value or for the direct and immediate sale of goods or services. Solicitation can be accomplished by using the spoken, written, or printed word, or bodily gestures, signs, or other means.

(Ord. No. NS-2945, § 2, 5-15-18)

(a) No person shall solicit in an aggressive or intrusive manner in any public place.

(b) Financial institutions and automated teller machines.

(1) No person shall solicit within an automated teller machine facility without the express permission of the owner or other person lawfully in possession of the facility.

(2) No person shall solicit within 30 feet of any financial institution during its business hours.

(3) No person shall solicit within 30 feet of any automated teller machine during the time it is available for customers' use. If the automated teller machine is located within an automated teller machine facility, the 30 feet shall be measured from the entrance or exit of the automated teller machine facility.

(4) Subsections (1) and (3) do not apply to any unenclosed automated teller machine located within any building, structure, or space that has a primary purpose or function that is unrelated to banking activities, including but not limited to supermarkets, airports, and school buildings; provided that the automated teller machine is available for use only during the regular hours of operation of the building, structure, or space in which the machine is located.

(c) Driveways accessing shopping centers, retail establishments, and business establishments. No person shall solicit from an operator or occupant traveling in a motor vehicle while the vehicle is located within 30 feet of a driveway skirt providing vehicular access to a shopping center, retail establishment, or business establishment.

(d) Public transportation vehicles and stops. No person shall solicit in any public transportation vehicle or within 30 feet of any designated or posted public transportation vehicle stop.

(e) Gasoline/charging stations and fuel pumps. No person shall solicit from an operator or occupant of a motor vehicle while the vehicle is stopped in a gasoline or electronic vehicle charging station or at a gasoline pump or charging and fueling station.

(f) Outdoor dining area. No person shall solicit from a person within the outdoor dining area of a restaurant, café, or similar establishment that serves food or drinks for immediate consumption.

(g) Subsections (b) through (g) do not apply to solicitations authorized or conducted by the property owner, business owner, or employees on the premises.

(Ord. No. NS-2945, § 2, 5-15-18)

(a) Any person who violates this Article may be charged with an infraction or a misdemeanor at the discretion of the City officer.

(b) In addition to any other remedy allowed by law, any person who violates a provision of this Article is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Section 1-8 of the Santa Ana Municipal Code.

(c) All remedies prescribed under this Article are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce this Article.

(Ord. No. NS-2945, § 2, 5-15-18)