Ventura Municipal Code § 10.100.040 Penalty

2 Cross reference(s): Business regulations, Title 6.

For purposes of this chapter the following definitions shall apply:

“Aggressive manner” means 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:

a. Fear bodily harm to oneself or to another, or

b. Damage to or loss of property, or

c. Otherwise be intimidated into giving money or other thing of value;

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

3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator 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 solicited 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 or 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.

“Intimidate” means to engage in conduct which would make a reasonable person fearful or feel threatened. “Person” includes both individual persons and organizations.

“Public place” means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street; the right-of-way of any freeway, including any on ramp, off ramp, or roadway shoulder which lies within the right-of-way of the freeway; highway; sidewalk; median; parking lot; parking structure; 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, solicit, ask, or beg” shall include using the 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. (Code 1971, § 6910; Ord. No. 2024-001, § 2, 1-23-24)

It shall be unlawful for any person to solicit, ask, or beg in any of the following places, or for any person to solicit, ask, or beg when the person solicited is in any of the following places:

A. Within 25 feet of any bus stop or train stop;

B. While in any public transportation vehicle, including a trailer bus, designed, used, or maintained for carrying 10 or more persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire;

C. On private property, unless the solicitor has permission from the owner or tenant;

D. Within 15 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 15 feet of any automated teller machine (ATM) during the time it is available for customers’ use. Provided, however, that when an ATM is located within an ATM facility, such distance shall be measured from the entrance or exit of the ATM facility. Provided further that no person shall solicit, ask, or beg within an ATM 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 subsection shall be construed to prohibit the lawful vending of goods and services within such areas, unless the ATM is located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports, and school buildings; provided, that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure, or space in which such machine is located;

E. Within any dining area of restaurants or other dining establishments serving food for immediate consumption;

F. Within 25 feet of a queue waiting to gain admission to a place or vehicle, or waiting to purchase an item or admission ticket;

G. Within 25 feet of a driveway providing vehicular access to a shopping center, retail, or business establishment;

H. While standing on any median on any street or highway, or on any entrance or exit to any freeway as defined by the California Vehicle Code;

I. While operating or occupying a motor vehicle while the vehicle is located in a public place, or in any public parking lot or parking structure, or the vehicle is located in a gasoline station or near a fuel pump unless the solicitation, beg, or ask is related to (1) the business which is being conducted on the premises by the property owner, business owner, or employees of the business, (2) the lawful towing of a vehicle, or (3) to emergency repairs requested by the operator or other occupant of a vehicle; or

J. Within 25 feet of a parking pay station or parking meter. (Code 1971, § 6911; Ord. No. 2011-004, § 2, 5-2-11; Ord. No. 2024-001, § 2, 1-23-24)

It shall be unlawful for a person to solicit, ask, or beg in an aggressive manner in any public place. (Code 1971, § 6912; Ord. No. 2024-001, § 2, 1-23-24. Formerly 10.100.040)

A violation of this chapter is punishable as a misdemeanor or infraction, chargeable at the city attorney’s discretion. (Code 1971, § 6913; Ord. No. 2024-001, § 2, 1-23-24)

The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances. (Ord. No. 2024-001, § 2, 1-23-24)

Nothing in this chapter shall limit or preclude the enforcement of other applicable laws. (Ord. No. 2024-001, § 2, 1-23-24)