For the purposes of this chapter:
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 panhandling 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 panhandling to any specific person,
other than in response to an inquiry by that person.
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, parking lot, 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.
(Ord. 3502 § 3, 2000)
(A)
No person shall panhandle, 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, 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)
Intentionally touching or causing physical contact with another person
or an occupied vehicle without that person's consent in the course
of panhandling, 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, 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 value to the
panhandler; or
(6)
Using profane, offensive or abusive language which is inherently
likely to provoke an immediate violent reaction, either before, during,
or after panhandling.
(Ord. 3502 § 3, 2000)
(A)
Banks and ATMs. No person shall panhandle, ask or beg 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 or any automated teller machine during the time
it is available for customers' use. 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 automated teller machine facility. Provided further that no
person shall panhandle, ask or beg within an automated teller machine
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: (1) the lawful vending of goods and
services within such areas, or (2) panhandling, asking or begging
within the restricted area after obtaining the permission of the owner
or tenant.
(1)
"Bank"
"Savings and loan association"
"Credit union"
"Check cashing business"
"Automated teller machine"
"Automated teller machine facility"
Definitions. For purposes of this section:
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 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.
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.
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 electronic information processing device which
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 which is made available to banking
customers after regular banking hours.
(2)
Exemptions. The provisions of subsection (A) of this section shall not apply to any unenclosed automated teller machine 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.
(B)
Entrances and Exits to any Building. No person shall panhandle, ask
or beg within five 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 owner
or tenant of the building grants permission to panhandle, ask, or
beg within the restricted area.)
(C)
Motor vehicles and parking lots.
(1)
Motor Vehicles. No person shall approach an operator or occupant
of a motor vehicle for the purpose of panhandling, asking or begging
while such vehicle is located in any public place.
(2)
Parking Lots. No person shall panhandle, ask or beg in any public
parking lot or structure any time after dark. "After dark" means any
time from one-half hour after sunset to one-half hour before sunrise.
(D)
Public Transportation Vehicles and Stops.
(1)
"Public transportation vehicle" 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.
(2)
Any person who panhandles, asks or begs in any public transportation
vehicle, or within 10 feet of any designated or posted public transportation
vehicle stop, is guilty of a violation of this section if:
(a)
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 Pen. Code, Section 830); or
(b)
Within the immediately preceding 30 days, he or she engaged in panhandling
at that location and had been asked to leave by a person specified
in subsection (D)(2)(a) of this section.
(c)
Subsection (D)(2)(b) of this section is not violated if a person
who has been requested to leave enters the property within the designated
period and panhandles, asks or begs with the express authorization
of a person specified in subsection (D)(2)(a) of this section.
(E)
Restaurants. Any person who panhandles, 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 Pen. Code, Section 830), acting at the request of any of the persons specified in this subdivision; or
(2)
Within the immediately preceding 30 days, he or she engaged in panhandling
at that location and had been asked to leave by a person specified
in subsection (E)(1), of this section.
(3)
Subsection (E)(2) of this section is not violated if a person who
has been requested to leave enters the property within the designated
period and panhandles, asks, or begs with the express authorization
of a person specified in subsection (E)(1) of this section.
(Ord. 3502 § 3, 2000)
