Tustin Municipal Code Part III Prohibition of Aggressive Solicitation and Solicitation at Certain Locations

The City Council finds that it is necessary to protect citizens from the fear and intimidation accompanying aggressive solicitation and all solicitation in certain confined areas. Aggressive solicitation may include approaching or following pedestrians, repetitive contact, or the intentional blocking of pedestrian and vehicular traffic.

(Ord. No. 1412, Sec. I, 5-15-12)

No person shall solicit, ask or beg in an aggressive manner in any public place.

(Ord. No. 1412, Sec. I, 5-15-12)

(a) City parking structures. Any act of solicitation is prohibited in any City public parking lot or parking structure.

(b) Restrooms. No person shall solicit, ask, or beg in any public restroom or within twenty five (25) feet of the entrance to a public restroom.

(c) Banks and ATMs. No person shall solicit ask or beg within twenty five (25) feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within twenty five (25) feet of any automated teller machine during the time it is available for customers use. Provided, however, that 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. Provided further that no person shall solicit, ask or beg 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. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.

(d) A marked bus stop;

(e) Public transportation vehicles or facilities.

(Ord. No. 1412, Sec. I, 5-15-12)

In construing the provisions of this Part, the following definitions shall apply:

"Aggressive manner" shall mean any of the following:

1. Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to:

(i) Fear bodily harm to oneself or to another, damage to loss of property, or

(ii) Otherwise be intimidated into giving money or other thing of value;

2. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle, by any means, or the blocking or interfering with pedestrian or vehicular access to any building, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact or to gain entrance to a building;

3. Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of such soliciting, asking, or begging;

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 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, either before, during, or after solicitation.

"Public place" shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, public parking lot, plaza, 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.

"Solicitation" shall have the same meaning set forth in Tustin City Code Section 5801.

(Ord. No. 1412, Sec. I, 5-15-12)