Selma Municipal Code Ch. 28 Aggressive Solicitations; Prohibited Locations

AGGRESSIVE OR ABUSIVE MANNER: A solicitation via any of the following acts or conduct:

(A) Intentionally coming within three feet (3') of a solicited person unless and until that person has indicated, by word or conduct, that he or she wishes to make a donation;

(B) Intentionally blocking the path of or impeding the passage or free use of a sidewalk or public right of way by a solicited person;

(C) Intentionally falling behind, beside or in front of a solicited person after that person has indicated, by word or conduct, that he or she does not wish to make a donation;

(D) Continuing to request a donation from a solicited person after that person has indicated, by word or conduct, that he or she does not wish to make a donation;

(E) Approaching a solicited person when that person is entering or exiting a motor vehicle or assisting another in doing so;

(F) Rending any service to a motor vehicle, including, but not limited to, any cleaning, washing, protecting, guarding or repairing of said vehicle or any portion thereof, without the consent of the owner, operator or occupant of such vehicle, and thereafter requesting payment for the performance of such service, regardless of whether such vehicle is stopped, standing, or parked;

(G) Threatening a solicited person, by word or conduct, with physical harm or violence;

(H) Using profane or abusive language toward a solicited person;

(I) Intentionally touching or attempting to touch a solicited person without that person's consent;

(J) Any other words or conduct that would cause a reasonable person, in the position of the solicited person, to fear for his or her safety, the safety of his or her property or the safety of another person accompanying the solicited person;

(K) Intentionally blocking the path of a motor vehicle.

AUTOMATED TELLER MACHINE OR ATM: An electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, savings, or convenience account.

BANK: A 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 deposits of which are insured by the federal deposit insurance corporation.

CHECK CASHING BUSINESS: Any person duly licensed as a check seller, bill payer, or prorater or who operates a business that conducts deferred deposit transactions pursuant to California Financial Code sections 12000 et seq., and 23000 et seq., and California Civil Code section 1789.30, or any other similar business.

CREDIT UNION: A federal credit union and any state chartered credit union the accounts of which are insured by the administrator of the national credit union administration.

PUBLIC PLACE: A place, whether publicly or privately owned, 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, doorway, entrance, lobby, or other portion of any business establishment including an apartment house or hotel not constituting a room or apartment designed for actual residents.

SAVINGS AND LOAN ASSOCIATION: A federal and savings and loan association and any "insured institution" is defined by section 401 of the national housing act, as it may be amended, and any federal credit union as defined in section 2 of the federal credit union act, or as it may be amended.

SOLICITATION: Any request, by words or physical gesture, made in person seeking an immediate donation or contribution of money or other item of value. For the purposes of this chapter, a donation also includes the purchase of an item for an amount far exceeding its value under circumstances where a reasonable person would understand that the purchase is a donation or contribution. For the purposes of this chapter, solicitation includes to solicit or beg. Solicitation, for the purposes of this chapter, does not include a person who is soliciting by use of passive displays or a sign or other indication that he or she is seeking donations or contributions, or when he or she does not address the solicitation to any specific person other than in response to an inquiry by that person. (Ord. 2014-2, 2-18-2014)

(A) No person shall solicit, ask, or beg in an aggressive or abusive manner in any public place. (Ord. 2014-2, 2-18-2014)

(A) Prohibited Locations: All solicitation is prohibited in the following specified locations:

1. Banks and ATMs. No person shall solicit within fifty feet (50') of any entrance or exit of any bank, savings and loan association, credit union, check cashing business during its business hours or within fifty feet (50') of any automated teller machine during the time it is available for customer's use;

2. Bus stop, public transportation vehicle, or facility;

3. Parking lot or structure or any street or highway median;

4. A queue or line of two (2) or more persons waiting to be admitted to a retail or commercial establishment, a place of amusement, or waiting to purchase an item or ticket;

5. An outside dining area or motor vehicle drive-through lane of a restaurant or other dining establishment serving food for immediate consumption.

(B) Motor Vehicles:

1. Solicitation Prohibited: No person shall approach an operator or occupant of a motor vehicle (as detailed by the California Vehicle Code) for the purpose of soliciting while such vehicle is located in any public place.

2. Exemptions: Subsection (B)1 of this section shall not apply to any of the following:

(a) To solicitations related to business which is being conducted on the subject premises by the owner, lawful tenants, or other authorized person;

(b) Solicitations related to emergency repairs requested by the operator or other occupant of a motor vehicle or the lawful towing of a motor vehicle;

(c) Solicitations related to onetime or annual fundraising by community groups including: 1) sales of the Annual Kids Day newspaper benefiting Children's Hospital Of Central California; 2) annual or occasional fundraisers by the Selma Peace Officers or Selma Firefighters Associations; or 3) any other fundraising event approved by the city manager.

(C) Penalty: A violation of this chapter is subject to the penalties set forth in title I, chapter 4 of this code.

(D) Nonexclusive: Nothing set forth in this chapter is intended to be an exclusive penalty or remedy and does not prohibit the application of any other penalty or remedy available under federal, state, or local law. (Ord. 2014-2, 2-18-2014)