Suisun City Municipal Code § 9.04.010 Legislative findings

Footnotes:

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Editor's note— Ord. No. 822, § 1, adopted Dec. 2, 2025, repealed the former Ch. 9.04, § 9.04.010, and enacted a new Ch. 9.04 as set out herein. The former Ch. 9.04 pertained to offenses against public peace, and derived from Ord. No. 483, § 1, adopted in 1983.

The city council of the City of Suisun City hereby finds, determines and declares that:

1. Solicitations on roadway median strips, at traffic intersections, and in the public roadway is unsafe and hazardous for panhandlers, drivers, pedestrians, and the general public. Solicitations on roadway median strips, at traffic intersections, and in the public roadway increases the risk of drivers becoming distracted from their primary duty to watch traffic which may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.

2. Solicitations near driveways accessing shopping centers, retail, and business establishments is unsafe and hazardous for panhandlers, drivers, pedestrians and the general public. The location of the solicitor near the driveway compromises the solicitor's safety, impedes visibility, and impairs a driver's ability to safety enter and exit. Drivers also become distracted from their duty to watch traffic which may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.

3. An increase in panhandling and solicitation throughout the city has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder.

4. Solicitation from people in places where they are a "captive audience" in which it is impossible or difficult for them to exercise their own right to decline to listen to or to avoid solicitation from others, is problematic, detracts from the rights of persons in the city to quietly enjoy public facilities and presents a risk to the health, safety and welfare of the public. Such places include public transportation vehicles and their designated locations for stops, as well as gasoline stations.

5. The presence of individuals who solicit money from persons at or near banks or automated teller machines is especially threatening and dangerous. Such activity often carries with it an implicit threat to both person and property. Restricting solicitation in such places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid such solicitations, and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations.

6. The council's intent in enacting this chapter is not to interfere with the exercise of First Amendment rights of those engaged in solicitation on roadway median strips, at traffic intersections, and in the public roadway and lingering and loitering on the medians, but only to minimize the safety hazards of those in such areas, as well as the drivers and passengers in vehicles near these areas and in a manner to minimize those safety hazards.

7. The restrictions of this chapter are content neutral and are narrowly tailored to serve a significant governmental interest, but still provide alternative avenues of communication.

8. The reasonable time, place and manner restrictions in this chapter are to avoid the negative effects of panhandling and solicitation in unsafe places and will not unreasonably restrict free speech of people engaged in solicitation.

(Ord. No. 822, § 1, 12-2-2025)

A. This chapter is adopted pursuant to the authority granted to the City of Suisun City in Article XI, Section 7 of the California Constitution.

B. The purpose and intent of this chapter is to protect public health, safety and the general welfare of people in the City of Suisun City and improve the quality of life and economic vitality of the City of Suisun City by imposing reasonable time, place, and manner restrictions on certain forms of solicitation while respecting the constitutional rights of free speech for all citizens as further described in the findings set forth in Section 9.04.010.

C. The California Supreme Court has held that such regulation of solicitation does not violate the liberty of speech clause of the California Constitution in the case of Los Angeles Alliance For Survival v. City of Los Angeles (2000), 22 Cal. 4th 352.

(Ord. No. 822, § 1, 12-2-2025)

The provisions of this chapter shall apply generally to all property throughout the city wherein any of the conditions specified in this chapter are found to exist; provided, however, that any condition that constitutes a violation of this chapter, but which is permitted or authorized under any local, state or federal law, shall not be deemed to violate this chapter.

(Ord. No. 822, § 1, 12-2-2025)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Automated teller machine" or "ATM" means any electronic information processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account.

"Automated teller machine facility" means the area comprised of one or more automated teller machines, and any adjacent space that is made available to banking customers after regular banking hours.

"Bank" means any 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 the deposits of which are insured by the Federal Deposit Insurance Corporation.

"Check cashing business" means any person duly licensed as a check seller, bill payer, or prorater pursuant to California Financial Code Division 3 (Fin. Code Section 12000 et seq.) as may be amended.

"Credit union" means any federal credit union and any state-chartered credit union whose accounts are insured by the administrator of the National Credit Union Administration.

"Donation" means a gift of money or other item of value.

"Financial institution" includes a bank, savings and loan associations, credit unions, and check-cashing businesses.

"Linger on a median" means remaining in a median longer than two traffic signals cycles, except in an emergency or except where the median is specifically designated for pedestrians or equestrians.

"Loiter on a median" means standing or lingering in a median for any purpose other than to safely and lawfully cross the street, except in an emergency or except where the median is specifically designated for pedestrians or equestrians.

"Median" means a paved or planted area of public right-of-way that divides a street or highway according to the direction of travel.

"Motor vehicle" means any propelled vehicle or vehicle drawn by a power other than muscular power, other than a motorized wheelchair.

"Panhandling" means asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Panhandling shall include using the spoken, written, or printed word, bodily gestures signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value.

"Public place" means a place to which the public or a substantial group of persons has access, and includes, without limitation, any street, highway, sidewalk, median, parking lot, plaza, shopping center, transportation facility, school, place of amusement, park, playground and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.

"Public transportation vehicle" means any vehicle, including a trailer bus, or train, designed, used or maintained for carrying ten or more persons, including the driver, or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire.

"Savings and loan association" means any federal savings and loan association and any "insured institution" as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 1752 of the Federal Credit Union Act, as amended.

"Solicit" or "solicitation" means to ask, beg, request or panhandle using spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

"Solicitor" means one who solicits as defined in this section.

(Ord. No. 822, § 1, 12-2-2025)

No person shall solicit or panhandle in any manner in any public place.

(Ord. No. 822, § 1, 12-2-2025)

A. Financial Institutions and Automated Teller Machines (ATMs). No person shall solicit or panhandle within 50 feet of any entrance or exit of any financial institution during its business hours or within 50 feet of any automated teller machine during the time it is available for customers' use. When an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. No person shall solicit within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility.

B. Parking Lots. No person shall solicit or panhandle in any public parking lot or structure accessible to the general public, or within 20 feet of the entrance or exit to such parking lot or parking structure.

C. Supermarket, Retail Store, Restaurant or Bar. No person shall solicit or panhandle within 20 feet of the entrance to a supermarket, retail store, restaurant or bar.

D. Public Transportation Vehicles and Stops. No person shall solicit or panhandle in any public transportation vehicle or within 50 feet of any designated or posted public transportation vehicle stop.

E. Gasoline Stations and Fuel Pumps. No person shall solicit or panhandle from an operator or occupant of a motor vehicle while such vehicle is stopped in a gasoline station or at a fuel pump.

F. Driveways Accessing Shopping Center, Retail and Business Establishments. No person shall solicit or panhandle from an operator or occupant traveling in a motor vehicle while such vehicle is located within 25 feet of a driveway providing vehicular access to a shopping center, retail, or business establishment.

G. Medians.

1. No person shall solicit or panhandle within 25 feet of or on a median.

2. No person shall loiter on a median.

3. No person shall solicit or panhandle upon any median or in any manner or location that is inconsistent with the provisions of the California Vehicle Code section 25520.5.

H. Dining Establishments. No person shall solicit or panhandle within 25 feet in any outdoor dining area of any restaurant or other dining establishment serving food for immediate consumption.

I. Pedestrian Foot Bridge. No person shall solicit or panhandle on any public foot bridge, or within 20 feet of the entrance or exit to a pedestrian foot bridge.

(Ord. No. 822, § 1, 12-2-2025)

The provisions of Section 9.04.060 shall not be construed to prohibit:

1. The right to exercise protected free speech;

2. The lawful vending of goods and services;

3. Solicitations related to business authorized by or conducted by the property owner, business owner, or employees thereof on the premises;

4. Solicitations related to the lawful towing of a vehicle; or

5. Solicitations related to emergency repairs requested by the operator or other occupant of a motor vehicle.

(Ord. No. 822, § 1, 12-2-2025)

A. Administrative Citations. Any person who violates Section 9.04.050 or 9.04.060 shall be guilty of violating this Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.20 of Title 1 of this Code.

B. Misdemeanor. Any person who violates Sections 9.04.050 and 9.04.060 shall be guilty of a misdemeanor or infraction as provided in Chapter 1.08 of Title 1 of this Code.

C. Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of Title 1 of this Code.

(Ord. No. 822, § 1, 12-2-2025)