This Chapter shall be known and cited as the "Lompoc Aggressive Solicitation Ordinance."
(Ord. 1597(13) § 1)
The definitions and provisions contained in this section shall govern the construction of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derived from it, or from which it is a derivative, as the case may be.
"After dark"
means the period of time between one-half hour after sunset and one-half hour before sunrise.
"Aggressive solicitation" and "aggressively solicit"
mean doing any of the following in the course of solicitation:
1. 
Intentionally or recklessly touching or making any physical contact with a person, or a vehicle the person is occupying, without that person's consent.
2. 
Continuing to solicit a person within ten feet after the person has made a negative response to such solicitation.
3. 
Intentionally or recklessly blocking the safe or free passage of the person being solicited, including a person in a vehicle, or requiring the person, including a driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation.
4. 
Intentionally or recklessly using:
a. 
Obscene or abusive language or gestures intended to, or likely to, cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
b. 
Words intended, or are reasonably likely to intimidate the person into responding affirmatively to the solicitation.
5. 
Approaching, speaking to, or following a person before, during or after solicitation if that conduct:
a. 
Is intended, or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
b. 
Is intended, or is likely to intimidate a reasonable person being solicited into giving money or another thing of value.
"Automated teller machine (ATM)"
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.
"ATM facility"
means the area comprised of one or more ATMs and any adjacent space, which is made available to banking customers after regular banking hours.
"Check-cashing business"
means any person duly licensed by the State Banking Department to engage in the business of cashing checks, drafts or money orders for consideration, pursuant to the provisions of the banking laws.
"Public area"
means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, public parking garages, parking lots, parks, playgrounds, schools, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.
"Solicit" or "solicitation"
means to request, without limitation, by the spoken, written, or printed word, or by other means of communication, an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value.
"Solicitor"
means any person making a solicitation.
(Ord. 1597(13) § 1)
It shall be unlawful and a public nuisance for any person to:
A. 
Engage in aggressive solicitation in any public area.
B. 
Solicit in the following places:
1. 
Within 20 feet of an unenclosed ATM.
2. 
Within 20 feet of the entrance or exit to an ATM facility, bank, credit-union, or check-cashing business after dark.
3. 
In a parking garage or structure, without the express consent of the owner or manager of the parking garage or structure. Nothing herein is intended to affect solicitations related to the lawful towing of a vehicle or emergency repair of a vehicle requested by the owner or occupant of the vehicle.
4. 
In a parking lot after dark without the express consent of the owner or manager of the parking lot or parking structure. Nothing herein is intended to affect solicitations related to the lawful towing of a vehicle or emergency repair of a vehicle requested by the owner or occupant of the vehicle.
5. 
In public transportation vehicles or facilities.
6. 
Within 20 feet of a bus stop or public transportation stop after dark.
7. 
In any public restroom.
8. 
Approach within five feet of a vehicle in a public area to solicit an occupant of the vehicle, unless the occupant has verbally requested, or otherwise clearly indicated his or her consent to the solicitor approaching the vehicle.
(Ord. 1597(13) § 1)
Nothing in this Chapter is intended to do any of the following:
A. 
Prohibit or regulate any demand for payment of services rendered or goods delivered.
B. 
Restrict the exercise of protected free speech.
(Ord. 1597(13) § 1)
Any violation of this Chapter is a misdemeanor and a public nuisance and is subject to any and all remedies available in this Code and at law.
(Ord. 1597(13) § 1)