Visalia Municipal Code Ch. 9.34 Aggressive Solicitation

It is the intent of this Chapter to impose reasonable place and manner limitations on solicitation, as defined herein, in order to protect the safety of the general public against abusive solicitation, prevent disruptions to public functions, improve access to public places, and to curb intimidating or coercive behavior, while respecting the constitutional right of free speech.

(Ord. 2009-08 § 1 (part), 2009)

The following words or phrases as used in this Chapter shall have the following meanings:

A. "Aggressive solicitation" means to do one or more of the following while engaging in solicitation or immediately thereafter:

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, damage to or loss of property; or

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

2. Blocking or impeding the passage of the person solicited;

3. Following the person solicited by proceeding behind, ahead or alongside of him or her after the person solicited declines to make a donation;

4. Threatening the person solicited with physical harm by word or gesture;

5. Using profane, offensive, or abusive language, which is inherently likely to provoke an immediate violent reaction before, during, or after solicitation;

6. Touching the solicited person without the solicited person's consent.

B. "Donation" means a gift of money or other item of value and shall also include the purchase of an item for an amount far exceeding its value under circumstances where a reasonable person would understand that the purchase is in substance a gift.

C. "Person" means and includes both individual persons and organizations.

D. "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, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby, and other portion of any business establishment open to the public.

E. "Solicitation" means any request made in person seeking an immediate donation of money or other item of value. A person shall not be deemed to be in the act of solicitation when he or she passively displays a sign or gives any other indication that he or she is seeking donations without addressing his or her solicitation to any specific person, other than in response to an inquiry by that person.

(Ord. 2009-08 § 1 (part), 2009)

No person shall engage in aggressive solicitation in any public place.

(Ord. 2009-08 § 1 (part), 2009)

A. Banks and ATMs.

1. No person shall engage in solicitation within fifteen (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 fifteen (15) feet of any automated teller machine during the time it is available for customers' use.

2. Definitions, for the purpose of this section:

a. "Automated Teller Machine" shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.

b. "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.

c. "Check Cashing Business" means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with Section 12000.

d. "Credit Union" means any federal credit union and any state chartered credit union the accounts of which are Insured by the Administrator of the National Credit Union Administration.

e. "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 2 of the Federal Credit Union Act.

B. Motor Vehicles and Parking Lots.

1. Motor Vehicles. No person shall approach an operator or occupant of a motor vehicle for the purpose of solicitation, while such vehicle is located in any public place.

2. Parking Lots. No person shall engage in solicitation in any parking lot or structure at any time.

3. Exemptions. Subdivision B shall not apply to any of the following:

a. To solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;

b. To solicitations related to the lawful towing of a vehicle; or,

c. To solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.

C. Public Transportation Vehicles and Bus Stops.

1. Public Transportation Vehicle. No person shall engage in solicitation while in a public transportation vehicle.

2. Bus Stops. No person shall engage in solicitation at or within fifteen (15) feet of a bus stop.

3. Definitions, for the purpose of this section:

a. "Public Transportation Vehicle" means any vehicle, including a trailer bus, 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.

b. "Bus Stop" means any posted or otherwise designated location or area that exists on a public transportation vehicle or bus route where public transportation vehicles or buses stop to discharge and take on passengers.

(Ord. 2013-12, § 2, 2013: Ord. 2009-08 § 1 (part), 2009)

No person shall knowingly make a false or fraudulent representation or use false pretenses to obtain a donation.

(Ord. 2009-08 § 1(part), 2009)

A violation of any of the provisions of this Chapter is punishable as a misdemeanor or infraction, at the discretion of the prosecuting entity or agency.

(Ord. 2009-08 § 1 (part), 2009)

If any provision of this Chapter, or its application to any person or circumstance, is held to be invalid for any reason, the remainder of the Chapter, or the application of its provisions to other persons or circumstances, shall not in any way be affected.

(Ord. 2009-08 § 1 (part), 2009)

The provisions of this Chapter shall not limit or preclude the enforcement of other applicable laws.

(Ord. 2009-08 § 1 (part), 2009)