Willits Municipal Code Ch. 9.05 Unlawful Panhandling

For purposes of this chapter, the following words shall have the following meaning, unless the context clearly indicates otherwise:

"Aggressive manner" means:

1. Approaching or speaking to a person, or following a person before, during or after panhandling, if that conduct 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, or if the conduct is intended to have these effects;

2. Approaching an occupied vehicle by entering into a public or private roadway when traffic is either stopped or moving, before, during or after panhandling;

3. Knocking on the window of, or physically reaching toward or into an occupied vehicle before, during or after panhandling;

4. Continuing to solicit from a person after the person has given a negative response to such panhandling;

5. Intentionally touching or causing physical contact with another person without that person's consent in the course of panhandling;

6. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact before, during or after panhandling;

7. Using violent or threatening gestures toward a person before, during or after panhandling;

8. Using profane, offensive or abusive language toward a person before, during or after panhandling;

9. Panhandling while under the influence of alcohol or any illegal narcotic or controlled substance; or

10. Following a person while panhandling, with the intent of asking that person for money, goods or other things of value.

"Automated teller machine" means 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.

"Automated teller machine facility" means the area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers after regular banking hours.

"Check cashing business" means any person duly licensed by the attorney general to engage in the business of cashing checks, drafts or money orders for consideration pursuant to Section 1789.31 of the California Civil Code.

"Panhandling" or "panhandle" means asking, soliciting or begging for money or objects of value, with the intention that the money or object be immediately paid or transferred at that time, and at that place. Panhandling shall include using the spoken, written, or printed word, 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.

"Public place" means a place where a governmental entity has title or to which the public or a substantial group of persons has access, including, but not limited to, any street, sidewalk, highway, parking lot, plaza, transportation facility, shopping center, school, place of amusement, park, or playground.

"Public transportation vehicle" means any vehicle designed, licensed, used or maintained for carrying eight or more passengers for hire.

(Ord. 08-02 § 2(part); Ord. 06-02 § 2(part)).

It is unlawful and a public nuisance for any person to:

A. Panhandle in an aggressive manner in any public place;

B. Panhandle within twenty feet of any entrance or exit of any check cashing business, supermarket or retail store, or within twenty feet of any automated teller machine without the consent of the owner/agent of the property or another person legally in possession of such facilities; 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 facility;

C. Panhandle an operator or other occupant of a motor vehicle while such vehicle is located on, or is in the process of entering, any street, highway or driveway or for the purpose of performing or offering to perform a service in connection with such vehicle or otherwise soliciting donations or the sale of goods or services; provided, however, that this section shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle;

D. Panhandle in any public transportation vehicle, or in any public or private parking lot or parking structure.

(Ord. 08-02 § 2(part); Ord. 06-02 § 2(part)).

Any violation of this chapter shall be deemed an infraction punishable by a fine not to exceed three hundred dollars for a first offense, and, for a second or subsequent offense, a misdemeanor punishable by a fine not to exceed five hundred dollars or imprisonment in the county jail for a period not to exceed three months or by both fine and imprisonment.

(Ord. 08-02 § 2(part); Ord. 06-02 § 2(part)).