"Charitable"
means the purpose of an organization which has received a
letter of determination approving tax exempt status under Title 26
of the United States Code Section 501(c)(3) or the purpose of a school
club, recognized and affiliated with a public or private school, having
a program with annual campaigns to support the public or private school
club. For the purpose of this Chapter, the term "charitable" also
includes religious and political purposes.
"City Manager"
means the City Manager of the City or the City Manager's
designee.
"Commercial"
means solicitation which is not charitable, as defined in
this section.
"Communal areas"
means such areas set aside by the shopping center owner allowing
and inviting the public to engage in such matters as discourse, relaxation,
recreation or entertainment without required patronage of retail establishments
within the center. Outdoor restaurant seating areas which are restricted
in use to restaurant patronage do not constitute communal areas of
the center.
"Corporation"
means a legal entity which has a legal personality distinct
from those of its members which has filed articles of incorporation
with the California Secretary of State.
"Peddler"
means and includes any person who travels or goes from house
to house within the city and peddles, hawks, vends, or sells any goods,
wares, merchandise, medicines carried or caused to be carried or conveyed
by the person peddling, hawking, vending or selling the same.
"Person"
means any individual, firm, partnership, joint venture, association,
social club, league, fraternal organization, joint stock company,
estate, trust, business trust, receiver, trustee, syndicate or any
other group acting as a unit. The word person shall include the definition
of corporation.
"Prohibited place"
means any:
2.
Public transportation vehicle or facility;
3.
Public parking lot or structure;
4.
An area within 50 feet of an automated teller machine (ATM);
5.
A queue or line of two or more persons waiting to be admitted
to a commercial establishment or waiting to purchase an item or ticket;
6.
An outside dining area or motor vehicle drive-through lane of
a restaurant or other dining establishment serving food for immediate
consumption.
"Public place"
means any place open to the general public and includes,
but is not limited to, any sidewalk; alley; street; highway; bridge;
driveway; parking lot; parking structure; playground; park; plaza;
mall; structure; building; doorway, entrance, lobby or hallway to
or in a building; the grounds around or enclosed by a building; school;
or place of amusement. Such a place is a "public place" regardless
of whether it is publically or privately owned.
"Public right-of-way"
means land, which by deed, conveyance, agreement, easement,
dedication, usage or process of law is reserved for and dedicated
to the use of the general public for street or highway purposes, including
but not limited to any street, highway, driveway, parkway or sidewalk
within the City limits.
"Shopping center"
and property or properties operating as an integrated retail
commercial shopping center consisting of one or more retail commercial
uses.
"Solicitation" and "solicit"
are defined to mean any form of solicitation, including but
not limited to, any request, offer, enticement, or action for the
sale of goods, services, signing of petitions for social, economic,
or political causes, distribution of literature, request for funds
or contributions, or employment opportunities. Solicitation shall
be deemed complete when initiated whether or not an actual employment
relationship is created, a transaction is completed, or any other
exchange has taken place.
"Solicitation in an aggressive or abusive manner"
means solicitation via any of the following acts or conduct:
1.
Intentionally coming within three feet of a solicited person
unless and until that person has indicated, by word or conduct, he
or she wishes to make a donation;
2.
Intentionally blocking the path or impeding the passage of a
solicited person;
3.
Intentionally following behind, beside or in front of a solicited
person after that person has indicated, by word or conduct, he or
she does not wish to make a donation;
4.
Continuing to request a donation from a solicited person after
that person has indicated, by word or conduct, he or she does not
wish to make a donation;
5.
Approaching a solicited person when that person is entering
or exiting a motor vehicle or assisting another in doing so;
6.
Rendering any service to a motor vehicle, including but not
limited to any cleaning, washing, protecting, guarding or repairing
of said vehicle or any portion thereof, without the consent of the
owner, operator or occupant of such vehicle, and thereafter requesting
payment for the performance of such service, regardless of whether
such vehicle is stopped, standing or parked;
7.
Threatening a solicited person, by word or conduct, with physical
harm or violence;
8.
Using profane or abusive language towards a solicited person;
9.
Intentionally touching or attempting to touch a solicited person
without that person's consent;
10.
Any other words or conduct that would cause a reasonable person,
in the position of the solicited person, to fear for his or her safety,
the safety of his or her property or the safety of another person
accompanying the solicited person.
"Solicitor"
means any person, whether a resident of the city or not, engaged in solicitation. The term "solicitor" does not include any person carrying, conveying, delivering, or transporting dairy products, newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same, nor does it include a "sidewalk vendor or vending," as that term is defined in Section
5.89.020.
"Vehicle"
has the same meaning as set forth in the California Vehicle
Code.
(Ord. 1773 § 2, 2010; Ord. 1810 § 1, 2012; Ord. 2077, 9/14/2023 )