Simi Valley Municipal Code Ch. 39 Aggressive Solicitation

(a) The City Council finds that the instances of aggressive solicitation in the City has become extremely disturbing and has the potential to be disruptive to residents and businesses, and contributes not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder.

(b) Aggressive solicitation usually includes approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The City Council further finds that the presence of individuals who solicit vehicles can be especially troublesome because of the enhanced fear of crime in those confined environments.

(c) The City Council is enacting this chapter pursuant to its police power, as stated in Article XI, Section 7 of the California Constitution, in addition to the power set forth in Section 647(c) of the State of California Penal Code. This law is timely and appropriate because current laws and City regulations are insufficient to address the aforementioned problems.

(d) The law is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity. Rather, its goal is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that has the potential to become an unwelcome presence in the City.

(§ 1, Ord. 1048, eff. November 27, 2003)

As used in this chapter:

(a) "Solicit" means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication.

(b) "Aggressive manner" means and includes:

(1) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent;

(2) Following the person being solicited, if that conduct is: (i) intended to 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 to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

(3) Continuing to solicit within the immediate area of the person being solicited after the person has made a negative response, if continuing the solicitation is: (i) intended to 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 to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

(4) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one's constitutional right to picket or legally protest, and acts authorized by a permit issued pursuant to Chapter 17 of Title 5 of the Simi Valley Municipal Code, shall not constitute obstruction of pedestrian or vehicular traffic;

(5) Intentionally or recklessly using obscene or abusive language or gestures: (i) 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 to or reasonably likely to intimidate the person into responding affirmatively to the solicitation; or

(6) Approaching the person being solicited in a manner that: (i) is intended to 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 to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

(c) "Automated teller machine" 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.

(d) "Automated teller machine facility" means the area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers during and after regular banking hours.

(e) "Bank" means any banking corporation, savings and loan association, or credit union chartered under the laws of this state or the United States.

(f) "Check cashing business" means any person duly licensed by the superintendent of banks to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of the banking laws.

(g) "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, parking lots, parks, playgrounds, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.

(§ 1, Ord. 1048, eff. November 27, 2003)

It is unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services:

(a) In an aggressive manner in a public area or on private property on which the owner permits solicitation to occur;

(b) In any public transportation vehicle, or bus station or stop;

(c) Within fifteen (15′) feet to any entrance or exit of any bank or check cashing businesses or within fifteen feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business without the consent of the owner or other person legally in possession of such facilities. When an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit to the automated teller machine facility;

(d) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted signs clearly indicating that solicitations are not welcome on the property.

(§ 1, Ord. 1048, eff. November 27, 2003)