Santa Monica Municipal Code Ch. 4.54 Prohibition Against Abusive Solicitation

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.

(Added by Ord. No. 1768CCS § 5, adopted 9/13/94)

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

(a)

"Solicitation"

means any request made in person seeking an immediate donation of money or other item of value. A person shall not be deemed to be in the act of 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.

(b)

"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.

(c)

"Abusive solicitation"

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

(1)

Coming closer than three 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;

(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 4.54.030.

(Added by Ord. No. 1768CCS § 5, adopted 9/13/94)

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;

(e) Outdoor dining areas of restaurants or other dining establishments serving food for immediate consumption;

(f) Within fifty feet of an automated teller machine; or

(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.

(Added by Ord. No. 1768CCS § 5, adopted 9/13/94)

Soliciting is prohibited while seated on or otherwise using a public bench or chair on the Third Street Promenade or on either Santa Monica Boulevard or Broadway in the blocks between the west side of Second Street and the east side of Fourth Street.

(Added by Ord. No. 2271CCS § 1, adopted 9/16/08)

Any person who engages in abusive solicitation as defined herein shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed five hundred dollars or be imprisoned for a period not to exceed six months, or both.

(Added by Ord. No. 1768CCS § 5, adopted 9/13/94)