A.
The city council finds that aggressive
panhandling for money or anything of monetary value directed at residents
of and visitors to the City of Roseville threatens public safety,
impairs commercial activity and harms public welfare. Aggressive panhandling
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 or demanding 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 Roseville for business, shopping or recreation because it creates
an atmosphere of discomfort and fear.
B.
The city council further finds that the
presence of individuals who panhandle at or near banks, automated
teller machines, or in public transportation vehicles is especially
troublesome because of the enhanced fear of crime in those confined
environments. Likewise, persons panhandled in public at night have
an enhanced fear of crime. Such activities carry with them an implicit
threat to both persons and property.
C.
The activity of panhandling occupants of
vehicles distracts drivers from their primary duty to watch traffic
and pedestrians and to be alert for potential hazards in the roadway,
to observe all traffic control signals, signs or warnings, and to
be prepared to move through the city’s streets and intersections.
D.
This chapter is not intended to limit any
persons from exercising their constitutional right to solicit funds,
picket, protest or engage in other constitutionally protected activity.
Rather, its goal is to protect citizens from the fear and intimidation
accompanying certain kinds of panhandling and solicitation.
(Ord. 4417 §
2, 2006; Ord. 5129 § 1, 2012)
means any time from one-half hour after sunset to one-half
hour before sunrise.
means any electronic information-processing device that accepts
or dispenses cash in connection with a credit, deposit or convenience
account.
means the area comprised of one or more automated teller
machines, and any adjacent space that is made available to banking
customers after regular banking hours.
means any member 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.
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.
means any federal credit union and any state-chartered credit
union the accounts of which are insured by the National Credit Union
Administration Board, and any federal credit union as defined in Section
2 of the Federal Credit Union Act.
means an outdoor or indoor dining area of a restaurant or
other establishment serving food for immediate consumption.
means to make a request in person seeking an immediate donation
of money or other item of monetary value from another person (regardless
of the panhandler’s purpose or intended use of the money or
other thing of monetary value), without offering a clearly identifiable
good or service in return.
means 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, alley, bridge, driveway, parking lot, building,
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.
means any 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.
means: (1) a federal savings association or state savings
association (as defined in Section 3(b) of the Federal Deposit Insurance
Act) having accounts insured by the Federal Deposit Insurance Corporation;
and (2) a corporation described in Section 3(b)(1)(C) of the Federal
Deposit Insurance Act that is operating under the laws of the United
States.
(Ord. 4417 §
2, 2006; Ord. 5129 § 1, 2012; Ord. 5173 § 1, 2013)
A.
No person shall panhandle, solicit, ask
or beg in an aggressive manner in any public place.
B.
“Aggressive manner” means any
of the following:
1.
Approaching or speaking to a person
or following a person before, during or after panhandling, 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 monetary value;
2.
Intentionally touching or causing
physical contact with another person or an occupied vehicle without
that person’s consent in the course of panhandling, 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 panhandled either before, during, or after panhandling,
soliciting, asking or begging;
5.
Persisting in closely following or
approaching a person, after the person panhandled has been panhandled
and informed the panhandler by words or conduct that such person does
not want to be panhandled or does not want to give money or any other
thing of monetary value to the panhandler; or
6.
Using profane, offensive or abusive
language that is inherently likely to provoke an immediate violent
reaction, either before, during, or after panhandling.
(Ord. 4417 §
2, 2006; Ord. 5129 § 1, 2012)
A.
Banks and ATMs. No person shall panhandle,
solicit, ask or beg within 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 25 feet of any automated
teller machine during the time it is available for customers’
use. Nothing in this subsection shall be construed to prohibit: (1)
the lawful vending of goods and services within such areas; or (2)
panhandling, soliciting, asking or begging within the restricted area
after obtaining the permission of the authorized owner, manager, or
supervisor of the business operating at the building.
B.
Entrances and Exits to any Building. No
person shall panhandle, solicit, ask or beg within 25 feet of any
entrance into or exit from any building open to the public other than
those buildings subject to subsection (A)(1) of this section. This
prohibition shall not apply if the authorized owner, manager, or supervisor
of the business operating at the building grants permission to panhandle,
solicit, ask or beg within the restricted area.
C.
Public Transportation Vehicles and Stops.
Any person who panhandles, solicits, asks or begs in any public transportation
vehicle, or within 25 feet of any designated or posted public transportation
vehicle stop, is guilty of a violation of this section if:
1.
He or she remains there after being asked to leave by the owner, driver, or operator of a public transportation vehicle; the agent of the owner, driver or operator of a public transportation vehicle; the owner or manager of a public transportation facility; the agent of the owner or manager of a public transportation facility; a member of a security force employed by the public transportation facility; or by a peace officer, as defined in Chapter 4.5 of Title 3 of the California Penal Code (commencing with Penal Code Section 830); or
D.
Restaurants. Any person who panhandles,
solicits, asks or begs in any outdoor or indoor dining area of a restaurant
or other establishment serving food for immediate consumption is guilty
of a violation of this section if:
1.
He or she remains there after being asked to leave by the owner, manager or supervisor of the restaurant or other food establishment; the agent of the owner, manager or supervisor of the restaurant; a member of a security force employed by the restaurant; or by a peace officer, as defined in Chapter 4.5 of Title 3 of the California Penal Code (commencing with Penal Code Section 830), acting at the request of any of the persons specified in this subdivision; or
(Ord. 4417 §
2, 2006; Ord. 5129 § 1, 2012; Ord. 5173 § 1, 2013)
No person shall panhandle, solicit,
ask or beg in any public place after dark. This section is not violated
if a person who is panhandling, soliciting, asking or begging is doing
so: (1) on private property that is open to the public; and (2) with
the express authorization of the owner, manager, or supervisor of
the business operating at the property.
(Ord. 4417 §
2, 2006; Ord. 5173 § 1, 2013)
Violation of this chapter may be
charged as either an infraction or a misdemeanor in the discretion
of the city attorney.
(Ord. 4417 §
2, 2006)
The provisions of this chapter are
hereby declared to be severable. If any provision, clause, word, sentence,
or paragraph of this chapter or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity
shall not affect the other provisions or application of this chapter.
(Ord. 4417 §
2, 2006)
