Tracy Municipal Code Art. 14 Soliciting and Aggressive Solicitation

For the purposes of this article, the following definitions shall apply to the terms used herein:

(a) "Solicit", "solicitation", and "soliciting" means to approach with a request or plea, to ask for the purpose of receiving, to endeavor or obtain by asking or pleading, propositioning, or to entreat, implore or importune. Soliciting shall include the use of the spoken, written or printed word, bodily gestures, signs or other means, with the purpose of trying to obtain something, such as money, employment, business, signatures, or votes whether or not the person soliciting is offering any item or service in return.

(b) "Aggressive or dangerous solicitation" means:

1. Continuing to solicit from a person after the person has given a negative response to such soliciting;

2. Intentionally touching or causing physical contact, in the course of soliciting, with another person without that person's consent:

3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, causing the pedestrian or vehicle to take evasive action to avoid physical contact;

4. Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging.

5. Persisting in closely following or approaching a person, after the person has been solicited and has informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

6. Using profane, offensive, or abusive language which is inherently likely to provoke an immediate violent reaction, or instill fear in a person approached for solicitation, either before, during, or after solicitation.

7. Soliciting employment, business or contributions from the operator or occupants of vehicles stopped or about to proceed through a controlled intersection or in a manner that interferes with the vehicle's movement in a roadway.

(c) "Public place" shall mean a place where a governmental entity has title or a record right of use, or to any place which the public or a substantial group of persons has access including, but not limited to, any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park or playground.

(d) "Check cashing business" shall mean any person licensed by the State of California to engage in the business of cashing checks, drafts or money orders for consideration pursuant to California Civil Code, Section 1789.31.

(e) "Automated teller machine" shall mean 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.

(Ord. No. 1143, § 1, 2-16-2010; Ord. No. 1204, §§ 2, 3, 12-15-2015)

It shall be unlawful and a misdemeanor for any person to engage in aggressive or dangerous solicitation in any public place.

(Ord. No. 1143, § 1, 2-16-2010; Ord. No. 1204, § 4, 12-15-2015)

(a) It shall be unlawful for any person to solicit within thirty (30) feet of any entrance or exit of a bank, credit union, check cashing business or within thirty (30) feet of an automated teller machine.

(b) It shall be unlawful for any person to solicit in any public transportation vehicle.

(c) Parking lots. It shall be unlawful for any person to solicit in any parking lot or parking structure any time after dark. "After dark" means any time for one-half hour after sunset to one-half hour before sunrise.

(d) Exemptions. This section shall not apply to any of the following:

1. Solicitations related to business which is being conducted on subject premises by the owner or lawful tenants;

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

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

(Ord. No. 1143, § 1, 2-16-2010; Ord. No. 1204, §§ 5, 6, 12-15-2015)