The purpose of this chapter is to protect the safety of the
general public against certain abusive conduct of persons engaged
in solicitation, by imposing reasonable time, place and manner restrictions
on solicitation while respecting the constitutional rights of free
speech for all citizens.
(Ord. 5300 § 1, 2002)
For the purpose of this chapter, the following meanings shall
apply:
“Aggressive manner”
shall mean any of the following:
1.
Approaching or speaking to a person, or following a person before,
during or after 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
value.
2.
Intentionally touching or causing physical contact with another
person or occupied vehicle without that person’s consent in
the course of 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 solicited
either before, during, or after soliciting, asking or begging;
5.
Persisting in closely following or approaching a person, after
the person solicited has been solicited and informed the solicitor
by words or conduct that such person does not want to be solicited
or does not want to give money or any other thing of value to the
solicitor; or
6.
Using profane, offensive or abusive language which is inherently
likely to provoke an immediate violent reaction, either before, during,
or after solicitation.
“Alley”
means any highway or street not exceeding 25 feet in width
which is primarily used for access to the rear or side entrances of
abutting property.
“Automated teller machine”
shall mean any electronic information processing device which
accepts or dispenses cash in connection with a credit, deposit, or
convenience account.
“Automated teller machine facility”
shall mean 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.
“Bank”
means any member bank 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.
“Business”
means and includes any type of product, goods, service, performance
or activity which is provided or performed or offered to be provided
or performed in exchange for money, labor, goods, or any other form
of consideration.
“Credit union”
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.
“Parkway”
means that portion of a street or highway, other than the
roadway or the sidewalk. In general terms, the space between the street
and the sidewalk.
“Pedestrian”
means any individual who is utilizing a public street, sidewalk, roadway, alleyway or public or private parking area while traveling without the benefit of any vehicle as defined herein or traveling on a bicycle as defined by Section
10.60.010 of this code.
“Person”
means any individual, company, corporation, association,
business or other legal entity.
“Private parking area”
means privately owned property which is designed or used
primarily for the parking of vehicles and which adjoins one or more
commercial establishments or adjoins any property in a nonresidential
zone, including but not limited to driveways, setbacks and portions
of that area that are landscaped.
“Public place”
shall mean a place to which the public or substantial group
of persons has access, and includes, but is not limited to, any street,
highway, roadway, parkway, 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.
“Public transportation vehicle”
shall mean 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.
“Roadway”
means that portion of the street which is improved, designed
or ordinarily used for vehicular travel. In general terms the area
from curb to curb.
“Savings and loan association”
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.
“Sidewalk”
means that portion of the highway or street other than the
roadway, set apart by curbs, barriers, markings or other delineation
which is used principally for pedestrian travel.
“Solicit, ask or beg”
shall include using the spoken, written, or printed word,
or bodily gestures, signs or other means with the purpose of obtaining
an immediate donation of money or other thing of value or soliciting
the sale of goods or services.
“Street”
means a way or place of whatever nature, publicly maintained
and open to the use of the public for purpose of vehicular travel.
For the purposes of this chapter, street includes highway and any
parking area or lot owned or operated by city or the Glendale Redevelopment
Agency.
“Vehicle”
means a vehicle as defined in California
Vehicle Code Section
670 as the same now reads or may hereafter be amended.
(Ord. 5300 § 1, 2002)
Any person violating Section
9.18.030(A) of this chapter shall be guilty of a misdemeanor punishable as set forth in Section
1.20.010(A) of this code. Any person violating Section
9.18.030(B) of this chapter shall be guilty of an infraction for the first two convictions punishable as follows:
A. A fine
not exceeding $100 for the first violation;
B. A fine
not exceeding $250 for the second violation within one year.
All violations of Section 9.18.030(B) after two convictions or nolo contendere pleas, or any combination totaling two, within one year, shall be misdemeanors punishable pursuant to Section 1.20.010(A).
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Any person or occupant shall be deemed guilty of a separate
offense for each and every act of solicitation which is a violation
of this chapter.
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(Ord. 5300 § 1, 2002)