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.
“Check cashing business”
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.
“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)
A. 
Aggressive Solicitation Prohibited. It is unlawful for any person to solicit, ask or beg in an aggressive manner in any public place.
B. 
All Solicitation Prohibited at Specified Locations.
1. 
Banks and ATMs. No person shall solicit, 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 of 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 solicit, 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 of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.
2. 
Parking Lots.
a. 
No person shall solicit, 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.
b. 
Exemptions. This subdivision shall not apply to any of the following:
i. 
Solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants, or with the permission of the owner or lawful tenants;
ii. 
Solicitations related to the lawful towing of a vehicle; or
iii. 
Solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.
3. 
Public Transportation Vehicles. Any person who solicits, asks or begs in any public transportation vehicle is guilty of a violation of this section.
(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).
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.
(Ord. 5300 § 1, 2002)
A. 
Severability. The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.
B. 
Non-Exclusivity. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.
(Ord. 5300 § 1, 2002)