Chapter 7.56 — REGULATION OF ROADSIDE AND

MEDIAN SOLICITATION

Section

The purpose of this chapter is to address safety concerns caused by persons standing, sitting and soliciting on medians and near intersections and commercial driveways in close proximity to moving vehicles. It is the desire of this Council to protect the exercise of First Amendment rights of those persons engaged in soliciting while also minimizing the safety hazards of such solicitation when it is conducted in close proximity to moving vehicles. This chapter aims to focus its regulatory power on the place and manner of the solicitation. Its aim is to regulate the locations where such solicitation is particularly unsafe in order to address the city's interest in preserving pedestrian and motorist safety, preventing traffic congestion and controlling vehicular traffic. (1995 Code, § 7.56.010) (Ord. 2023-03, passed 1-17-2023; Ord. 06-2013, passed - -2006)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMMERCIAL DRIVEWAY. The driveway to a shopping center, business, or commercial parking lot. DRIVEWAY. The paved portion of a public street providing unobstructed passage from the roadway to an off-street area used for driving, servicing, parking, or otherwise accommodating motor vehicles. LOITER. To stand, delay, or linger on a median without a permit or exception, other than to safely and lawfully cross the street. MEDIAN. A paved or planted areas separating a street, or highway into two or more lanes or directions of travel. MOTOR VEHICLE. Any propelled vehicle or vehicle drawn by a power other than muscular power, other than a motorized wheelchair. SIDEWALK. A paved or planted path for pedestrians at the side of a road. SOLICITING. Asking for money, contributions, business, or political support; or distributing written materials. Soliciting shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining that which is requested. (1995 Code, § 7.56.020) (Ord. 2023-03, passed 1-17-2023; Ord. 06-2013, passed - -2006)

(A) No person shall solicit an operator or other occupant of a motor vehicle while such motor vehicle is 1) being driven; or 2) idling on any lane of traffic, or on any street or highway on-ramp or off-ramp. Provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle. (B) No person shall solicit while standing or sitting on a median, or on a street or sidewalk within one hundred feet from a stop sign or traffic signal; or within 100 of a commercial driveway. (C) No person shall remain on a median strip for longer than one traffic cycle, except that the median may be used as a place for pedestrian crossing in adherence to all applicable traffic laws. (1995 Code, § 7.56.030) (Ord. 2023-03, passed 1-17-2023; Ord. 06-2013, passed - -2006)

(A) This chapter shall not supersede the permit procedure for charitable solicitations by public safety personnel as set forth in Cal. Business and Professions Code § 17510.25. (1) All permitted solicitors shall wear safety clothing. Such clothing shall include, but is not limited to, orange or yellow reflective vests and/or shirts.

(2) All permitted solicitors shall be no younger than 18 years of age. (B) This chapter shall not supersede the permit procedure for charitable solicitations by charitable organizations, as defined in Cal. Gov’t Code §§ 12580 through 12583, as set forth in Cal. Business and Professions Code § 17510.25. (1) All permitted solicitors shall wear safety clothing. Such clothing shall include, but is not limited to, orange or yellow reflective vests and/or shirts. (2) All permitted solicitors shall be no younger than 18 years of age. The city shall require proof of age by the permit applicant providing a valid birth certificate, valid California driver's license or other California or military issued identification card containing the permit applicant's birth date. (3) For organizational permits, all persons to be covered under the permit shall be listed in the application, with proof of age provided by the organization for each person. (a) All persons covered under a charitable organization permit shall be required to carry and display the permit or a copy thereof. Any such person must show the permit or copy thereof to any city employee upon request. (Ord. 2023-03, passed 1-17-2023)

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are declared to be severable. (1995 Code, § 7.56.050) (Ord. 2023-03, passed 1-17-2023; Ord. 06-2013, passed - -2006)

Before any law enforcement officer may cite or arrest a person under this chapter, the officer must warn the person that his or her conduct is in violation of this chapter and must give the person an opportunity to comply with the provisions of this chapter. Any willful violation of the provisions of this chapter shall, upon conviction thereof, be guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction. If charged as an infraction, upon conviction, the violator shall be punished by a fine not to exceed $50. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than fifty dollars or more than $100. Any person guilty of violating this chapter three or more times in a 12-month period shall be guilty of a misdemeanor and shall be fined not less than $300 or more than $500, or imprisoned in the county jail for a period no longer than three months. (1995 Code, § 7.56.060) (Ord. 2023-03, passed 1-17-2023; Ord. 06-2013, passed - -2006)