[Ord. No. 1242-16 § 2.]
(a)
Findings. The Oakdale City Council finds that aggressive solicitation
for money or anything of value directed at residents of and visitors
to the City of Oakdale threatens public safety, impairs commercial
activity and harms public welfare. Aggressive solicitation interferes
with the public's inherent right to use and enjoy public places without
fear of intimidation caused by those persons who harass others by
asking for money or goods. Such conduct can undermine economic vitality
by inconveniencing patrons and thus reduces shopping activity within
the City. Such conduct can discourage visitors and prospective customers
from coming to the City of Oakdale for business, shopping or recreation
because it creates an atmosphere of discomfort and fear.
(b)
Definitions. For the purposes of this section, the following definitions apply to this section and to § 19-165:
(1)
AGGRESSIVELY SOLICIT — To solicit with the intent to intimidate
another person into giving money or goods.
(2)
AUTOMATIC TELLER MACHINE — Any electronic information
processing device which dispenses or accepts cash in connection with
a credit deposit or convenience account.
(3)
BANK — Any bank, banking association, trust company, savings
bank, check cashing business, credit union, or other banking institution.
(4)
SOLICIT — To ask for money or goods as an act of charity
or gift, whether by words, bodily gestures, signs, or other means.
(5)
HARASS OR HOUND — To closely follow the person solicited,
touch the person solicited, or direct profane or abusive language
toward the person solicited after the person solicited either expressly
or impliedly makes it known that he or she does not want to give money
or anything of value to the solicitor.
(6)
INTIMIDATE — To engage in conduct which would make a reasonable
person fearful or feel compelled.
(7)
OUTDOOR DINING AREA —An outdoor or indoor dining area
of a restaurant or other establishment serving food for immediate
consumption.
(8)
PUBLIC PLACE — An area generally visible to public view
and includes alleys, bridges, buildings, driveways, parking lots,
parks, plazas, sidewalks and streets.
(9)
PUBLIC TRANSPORTATION VEHICLES OR FACILITIES — Any vehicle
including a trailer bus designed for carrying more than ten (10) persons
and the designated or posted stop for the public transportation vehicle.
(10)
SOLICITATION —Any request made in person seeking an immediate
donation of money or other item of value. This shall include passively
displaying a sign or any other indication that the person is seeking
donations. Solicitation includes begging.
(c)
Prohibition. It shall be unlawful for any person on the streets,
sidewalks or in any public place within the City of Oakdale, whether
publicly or privately owned, to aggressively solicit, intimidate,
harass or hound another person for the purpose of inducing that person
to give money or anything of value.
[Ord. No. 1242-16 § 2.]
(a)
Findings. The intent of the Oakdale City Council in enacting this
article is to protect the public safety of the City of Oakdale's residents
and visitors against intrusive solicitation by imposing reasonable
place restrictions while respecting the constitutional rights of free
speech for all citizens. The council finds that solicitation in certain
locations throughout the City is extremely disturbing and dangerous
to residents, visitors, and businesses and will contribute to the
loss of access to public places due to fear and intimidation. Solicitation
in specific locations near banks, automatic teller machines, and traffic
intersections is especially threatening and dangerous to both persons
and property. The council further finds that solicitation from people
in public places where they are a "captive audience" restricts residents'
ability to decline or avoid solicitation. These public places include:
public transportation vehicles and stops, public parking lots or structures,
and indoor/outdoor dining areas.
(b)
Prohibition. Solicitation shall be prohibited when the person solicited
is in any of the following locations:
(1)
Within twenty-five feet of public transportation vehicles or
facilities;
(2)
Motor vehicles that are located within one hundred feet of any
intersection controlled by an official traffic signal as set forth
in Vehicle Code Section 21450;
(3)
Public parking lots or structures after sunset;
(4)
Indoor/outdoor dining areas of restaurants;
(5)
Within twenty-five feet of any public park;
(6)
Within twenty-five feet of the entrance or exit of a bank during
business hours or automatic teller machine during the time it is available
for customer's use; and
(7)
Within twenty-five feet of a group of five or more persons waiting
to gain admission to a place or vehicle, or waiting to purchase an
admission ticket or item.
[Ord. No. 1242-16 § 2.]
Any person or group may engage in solicitation activities otherwise
prohibited by this chapter under the following conditions and restrictions:
(a)
A permit is secured in advance of the solicitation activity from
the Oakdale Police Department.
(b)
All restrictions regarding the prohibition of aggressive solicitation prohibited or restricted by § 19-165 of this chapter shall remain applicable.
(c)
The police chief, or his or her designee, has determined that the
solicitation will be conducted in a manner which will not unduly endanger
public safety. In this regard, the police chief, or his or her designee,
may impose such reasonable restrictions on the manner in which the
activity is conducted and the time and location of such solicitation
as may be necessary to ensure the public's safety.
(d)
Each individual or group shall be limited to one permit during any
twelve month period.
(e)
Any permit issued pursuant to this section shall be limited to one
twenty-four hour period and the permit shall state on its face the
beginning and ending times and any other condition imposed. As a condition
of the permit, the permittee shall obtain insurance in a form acceptable
to City, listing the City of Oakdale as an additional insured and
the permittee shall indemnify the City against any and all claims
arising directly or indirectly from the permittee's activity/conduct.
The permittee's obligation to indemnify the City is not contingent
on the permittee obtaining the insurance required by this section.
(f)
Every individual person to whom a permit is issued shall have in
their possession at all times during the period of solicitation, a
copy of the permit. When a permit is issued to a group or organization
and the solicitation will be conducted by multiple persons, the police
chief, or his or her designee, may administratively implement such
policies and procedures necessary to easily identify those persons
who are authorized to conduct solicitation activity pursuant to the
permit.
(g)
Each applicant for a permit shall submit to the police chief, or
his or her designee, at least ten days before the date of the proposed
solicitation; an application for a permit on forms prescribed by the
police chief. At the time of submitting its application, each individual
or group shall pay a nominal processing fee of ten dollars.
(h)
A permit may be denied to any person who has been convicted of an
offense involving fraud, embezzlement or similar crimes. If the applicant
is a group or organization, the permit may be denied if the principal
financial officer of the group or organization has been convicted
of such crimes.
