Santa Maria Municipal Code Ch. 6-10 Aggressive Solicitation

This chapter shall be known and cited as the "Santa Maria Aggressive Solicitation Ordinance."

(Ord. 2014-03, eff. 7/17/2014)

The definitions and provisions contained in this section shall govern the construction of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derived from it, or from which it is a derivative, as the case may be.

"After dark"

means the period of time between one half-hour after sunset and one half-hour before sunrise.

"Aggressive solicitation" and "aggressively solicit"

mean doing any of the following in the course of solicitation:

(1)

Intentionally or recklessly touching or making any physical contact with another person, or a vehicle that another person is occupying, without that person's consent.

(2)

Continuing to solicit another person within 10 feet after the person has made a negative response to such solicitation.

(3)

Intentionally or recklessly blocking the safe or free passage of the person being solicited, including a person in a vehicle, or requiring the person, including a driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation.

(4)

Intentionally or recklessly using:

(i)

Obscene or abusive language or gestures intended to, or likely to, cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

(ii)

Words intended, or reasonably likely to, intimidate the person into responding affirmatively to the solicitation.

(5)

Approaching, speaking to, or following a person before, during or after solicitation if that conduct:

(i)

Is intended, or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

(ii)

Is intended, or is likely to intimidate a reasonable person being solicited into giving money or another thing of value.

"Automated Teller Machine (ATM)"

means a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments.

"ATM Facility"

means the area comprised of one or more ATMs and any adjacent space, which is made available to banking customers after regular banking hours.

"Check-cashing business"

means any person duly licensed by the State Banking Department to engage in the business of cashing checks, drafts or money orders for consideration, pursuant to the provisions of the banking laws.

"Public area"

means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, public parking garages, parking lots, parks, playgrounds, schools, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.

"Solicit" or "solicitation"

shall mean any request made in person seeking an immediate donation of money or other item of value, using the spoken, written, or printed word, or bodily gestures, signs, or other means. A person shall not be deemed to be in the act of aggressive solicitation when he or she passively displays a sign, or when the request is not addressed to any specific person, or when the request is made in response to an inquiry by that person.

"Solicitor"

means any person making a solicitation.

(Ord. 2014-03, eff. 7/17/2014)

It shall be unlawful and a public nuisance for any person to:

(a) Engage in aggressive solicitation on the streets, sidewalks and other public places, whether publically or privately owned.

(b) Solicit in the following places:

(1) Within 25 feet of an unenclosed ATM.

(2) Within 25 feet of the entrance or exit to an ATM facility, bank, credit union, or check-cashing business after dark.

(3) In a parking garage or structure, without the express consent of the owner or manager of the parking garage or structure.

(4) In a parking lot after dark without the express consent of the owner or manager of the parking lot or parking structure.

(5) In public transportation vehicles or facilities.

(6) Within 25 feet of a bus stop or public transportation stop after dark.

(7) In any public restroom.

(8) When the solicitation is made by approaching the occupant of a motor vehicle while the vehicle is located on any public street, any median of a public street, any parking lot or structure, or within six feet of any vehicular entrance or exit of any parking lot or structure.

(i) This subsection shall not apply to services rendered in connection with emergency services or repairs requested by the operator or passenger of such vehicle.

(ii) This subsection shall not apply to vehicles lawfully parked within a public street.

(iii) This subsection shall not apply to any sidewalk or walkway unless located within ten feet of the vehicular entrance or exit of any parking lot or structure.

(iv) This subsection shall not apply if the vehicle occupant has verbally requested or otherwise clearly indicated consent to the approach.

(9) In any non-public places except with the property owner's or lawful occupant's written consent which shall be produced upon request.

(Ord. 2014-03, eff. 7/17/2014)

Nothing in this chapter is intended to do any of the following:

(a) Prohibit or regulate any demand for payment of services rendered or goods delivered.

(b) Restrict the exercise of protected free speech.

(Ord. 2014-03, eff. 7/17/2014)

Any violation of this chapter is an infraction and a public nuisance and is subject to any and all remedies available in this Code and at law.

(Ord. 2014-03, eff. 7/17/2014)