Sebastopol Municipal Code Ch. 8.60 Unlawful Panhandling in Specified Locations in the City of Sebastopol

This chapter shall be known as “Unlawful Panhandling in Specified Locations in the City of Sebastopol.”

To protect and promote the safety of the general public against inappropriate conduct and from the potential physical confrontations sometimes associated with panhandling, the City Council of the City of Sebastopol finds that there is a need to adopt regulations that impose content-neutral and reasonable time, place, and manner limitations on panhandling. At the same time, the City Council seeks to properly and duly recognize, as well as protect to the fullest extent possible, the First Amendment free speech rights of all concerned.

In light of the foregoing purpose, the City Council of the City of Sebastopol finds:

A. Panhandling on roadways and in parking lots is unsafe, disturbing and disruptive to residents, visitors and motorists.

B. The practice of panhandling for contributions from persons in vehicles subjects the panhandler, pedestrians and vehicles to an unacceptable level of danger. Drivers become distracted from their primary duty to watch traffic, which results in delay and obstruction of the public’s free flow of travel. These activities further result in the congestion and blockage of streets when such persons approach the vehicles to negotiate with the occupants. The most severe impacts are experienced when money or other items of value are directly and immediately exchanged, hand-to-hand, as a result of the solicitation. Distracted drivers are more prone to be involved in automobile accidents, and accidents on the public streets and in parking lots constitute a traffic safety problem.

C. The practice of panhandling from people in places where they are a “captive audience” (in which it is impossible or difficult for them to exercise their own rights to decline to listen or to avoid panhandling from others) is abusive, detracts from the right of residents and visitors to the quiet enjoyment of public facilities, and increases the vulnerability to intimidation of such residents since they may have cash out or readily available at such sites, and creates an unacceptable risk to the residents’ safety and welfare. Such places include automated teller machines, banks, and parking lots. Restricting panhandling in these places will provide a balance between the rights of panhandlers and the rights of persons who will commonly be carrying cash on their persons and wish to decline or avoid such panhandlers.

The restrictions contained herein are neither over-broad nor vague, and are narrowly tailored to serve a substantial governmental interest. The goal of this chapter is to protect City residents, visitors and panhandlers from traffic safety problems, along with the intrusive conduct and personal intimidation that may result from panhandling. Content-neutral, reasonable time, place and manner restrictions on panhandling and solicitation will avoid these negative effects and will not unreasonably restrict the expressive activity of individuals engaging in panhandling.

For purposes of this chapter:

“Panhandling” shall include using the spoken, written, or printed word or bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other items.

“Parking lot” shall include property improved, designed, or ordinarily used for parking vehicles.

“Roadway” shall include that portion of a highway or road improved, designed, or ordinarily used for vehicular travel.

The purpose of this chapter is to prohibit panhandling in specified locations.

It shall be unlawful for any person to panhandle:

A. From an operator or occupant of a motor vehicle when such vehicle is on a roadway or public parking lot, or a private parking lot held open for public use with no fee charged.

B. Within 15 feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within 15 feet of any automated teller machine during the time it is available for customers’ use.

Enforcement of this chapter shall be the responsibility of the Chief of Police and his or her designee.

A violation of this chapter shall be an infraction.