In enacting this chapter, it is the intent of the City Council of Union City to improve the quality of life and economic vitality of the City, and to protect the safety of the general public against certain abusive conduct of persons engaged in aggressive and unsafe solicitation, by imposing reasonable restrictions on aggressive and unsafe solicitation while respecting the constitutional rights of free speech for all citizens.
(Ord. 799-14 § 4, 2014)
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
"Solicit" or "solicitation"
means any request made in person seeking an immediate donation of money or other item of value, using the spoken, written, or printed word, or bodily gestures, signs, or other means and shall also include the purchase of an item for an amount exceeding its value under circumstances where a reasonable person would understand that the purchase is in substance a gift.
"Donation"
means a gift of money or other item of value.
"Aggressive solicitation"
means to do one or more of the following while engaging in solicitation or immediately thereafter:
1. 
Coming closer than three feet to the person solicited unless and until the person solicited indicates that he or she wishes to make a donation;
2. 
Blocking or impeding the passage of the person solicited;
3. 
Following the person solicited by proceeding behind, ahead or alongside of him or her after the person solicited declines to make a donation;
4. 
Threatening the person solicited with physical harm by word or gesture, either before, during or after solicitation;
5. 
Abusing the person solicited with words which are offensive and inherently likely to provoke an immediate violent reaction;
6. 
Touching the solicited person without that person's consent.
"Public place"
means a place to which a governmental entity has ownership or to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, parking lot, transportation facility, shopping center, school, place of amusement, park, or playground.
"Automated teller machine"
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.
"Automated teller machine facility"
means the area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers after regular banking hours.
"Check cashing business"
means any person duly licensed by the Attorney General to engage in the business of cashing checks, drafts or money orders for consideration pursuant to Section 1789.31 of the California Civil Code.
"Public transportation vehicle"
means any vehicle, including a trailer bus, designed, used, or maintained for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire.
"Gasoline stations and fuel pumps"
means any location where an operator or occupant of a motor vehicle can refuel the vehicle with gasoline.
(Ord. 799-14 § 4, 2014)
It is unlawful for any person to engage in aggressive solicitation in any public place including on a public street or sidewalk or in another place open to the public, whether publicly or privately owned.
(Ord. 799-14 § 4, 2014)
All solicitation shall be prohibited when the person solicited is in any of the following locations:
A. 
Within twenty-five feet of any entrance or exit of any automatic teller machine, automated teller machine facility, bank, savings and loan association, credit union, or check cashing business during its business hours or within twenty-five feet of any automated teller machine during the time that 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 to the automated teller machine facility. Nothing in this subsection shall prohibit the lawful vending of goods and services within such areas.
B. 
Within any bus or other public transportation vehicle or within twenty-five feet of any bus or other public transportation vehicle stop.
C. 
Within twenty-five feet of any operator or occupant of a motor vehicle while such vehicle is stopped in a gasoline station or at a fuel pump.
D. 
Within fifty feet of any open intersection or shopping center entrance or exit in which at least one corner is controlled by an official traffic signal of the type set forth in Vehicle Code Section 21450 or by any sign regulating the flow of traffic, such as a stop sign or yield sign, controlling traffic entering or within the following shopping centers:
1. 
The Union Landing Shopping Center, located at Interstate 880, Union City, CA 94587.
2. 
The Union Square Marketplace, located at Decoto Rd., Union City, CA 94587.
3. 
The El Mercado Shopping Center, located at 34330 Alvarado Niles Rd., Union City, CA 94587.
(Ord. 799-14 § 4, 2014)
A. 
Violation of this chapter is an infraction. Any person who violates any section of this chapter three times or more within a one-year period may be charged with a misdemeanor.
B. 
Nothing in this chapter in any way limits or precludes the enforcement of any other applicable laws, or any other remedy that may be available to the City for violations of this chapter.
(Ord. 799-14 § 4, 2014)