A. 
This chapter is intended to protect the safety and welfare of the general public and to improve the quality of life and economic vitality of the city by imposing regulations against aggressive and unsafe soliciting. This chapter intends to impose reasonable time, place, and manner limitations on aggressive and unsafe soliciting and related activities while respecting the constitutional rights of free speech for all citizens.
B. 
The city council finds that soliciting on median strips on designated streets is unsafe and hazardous for solicitors, drivers, pedestrians and vehicles. Soliciting on median strips on designated streets increases the risk of drivers becoming distracted from their primary duty of watching traffic and driving their cars in a safe an undistracted manner. Solicitation from median strips increases the risk of automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems. Furthermore, because persons standing on a median strip are on the same side of the car as a driver of a car that is waiting in the left-hand turn lane, and are therefore substantially closer to the driver than they would be if they were standing on a sidewalk, such solicitations can be especially distracting and intimidating to drivers.
C. 
The city council also finds that the medians affected by this chapter have a width of between two and one-half feet and in no event more than four feet. As a result, these medians are so narrow that they do not constitute a traditional public forum. Moreover, the medians have not historically been used for conduct such as political protests or election campaigning, which takes place on traditional public forums. The purpose of the medians, instead, are to divert traffic rather than permit pedestrian traffic.
D. 
Aggressive soliciting, including approaching or following pedestrians, the use of threatening or abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic, is abusive, leads to increased risk of physical altercations, and detracts from the rights of citizens to the quiet enjoyment of public places. The city council further finds the solicitation of people in places where they are a "captive audience" to be abusive because it is often intimidating, fear provoking, and increases the risk of physical altercations. Examples include solicitations while people are standing in line at a financial institution or an automated teller machine, or when they are in a vehicle stopped at a traffic signal. In such situations, it may be impossible or difficult for such persons to exercise their right to decline to listen to or to avoid solicitation from others. Solicitation at such places often carries with it an implicit threat to both persons and property and increases the vulnerability to intimidation, since the persons being solicited must frequently have cash out or readily available at such sites, creating an unacceptable risk of loss of property and to such people's safety and welfare. Restricting solicitation in such places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid such solicitations, and will help avoid or diminish the threat of violence in such unwarranted and unreasonable intrusions.
E. 
This law is timely and appropriate because current laws and city regulations are insufficient to address the aforementioned problems. The restrictions contained herein are neither overbroad nor vague and they are narrowly tailored to serve a substantial governmental interest. The goal of this law is to protect citizens from increased traffic hazards, fear and intimidation accompanying certain kinds of solicitation. Moreover, the city desires to continue to allow solicitation in all locations and manners not prohibited by this chapter.
F. 
Reasonable time, place, and manner limitations on aggressive and unsafe soliciting will avoid these negative effects and will not unreasonably restrict the expressive activity of people engaging in solicitation.
G. 
Whenever any reference is made herein to any local law or regulation or to any state or federal statute, regulation or other law, the reference includes any subsequent amendment or superseding provision of such statute, regulation or law.
(Ord. 2540 § 1, 2017)
As used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another meaning or intent:
"Aggressive manner"
shall mean any of the following conduct in the course of soliciting, or occurring immediately before or after a solicitation:
1. 
Approaching or speaking to a person, or following a person immediately before, during, or immediately after soliciting, if that conduct is intended or is likely to cause a reasonable person to: (a) fear bodily harm to oneself or to another, or to fear damage to or loss of property, or (b) otherwise be intimidated into giving money or other thing of value to such person;
2. 
Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's or occupant's consent in the course of soliciting;
3. 
Intentionally blocking, delaying 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 or motions toward a person solicited either immediately before, during or immediately after soliciting;
5. 
Persisting in closely following or approaching a person, after the person has informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or other thing of value to the solicitor; or
6. 
Using profane, offensive, or abusive language which is inherently likely to provoke fear or an immediate violent reaction in another person, either immediately before, during or immediately after soliciting that person.
"Automated teller machine"
shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, checking or savings 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 before, during or after regular banking hours.
"Designated street(s)"
means the following streets: Beach Boulevard, Magnolia Street, Brookhurst Street, Goldenwest Street, Garden Grove Boulevard, Westminster Boulevard, Bolsa Avenue and Edinger Avenue.
"Financial institution"
shall mean any of the following entities:
1. 
"Bank"
means any member of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or any other banking institution organized or operated under the law of the United States, and any banks the deposits of which are insured by the Federal Deposit Insurance Corporation.
2. 
"Check cashing business"
means any person duly licensed as a check seller, commencing with Section 12000 of the California Financial Code.
3. 
"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.
4. 
"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.
"Median" or "median strip"
shall mean a paved, unpaved or planted area of public right-of-way, dividing a public street or highway into opposing lanes of travel.
"Public place"
shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, park, and any publicly accessible portion of a business establishment or residential structure.
"Public street or highway"
shall mean all of that area dedicated to public use for vehicular travel, including, but not limited to, roadways and median strips, but excluding sidewalks.
"Solicit" or "soliciting"
shall mean the use of spoken, or written words, or bodily gestures, signs or other methods for the purpose of obtaining a direct and immediate receipt of money or other thing of value or soliciting the direct and immediate sale of goods or services. "Solicit" or "soliciting" shall not include such activities that merely involve communications and informational exchanges that do not involve or call for the direct and immediate receipt of money or other thing of value.
"Solicitation"
shall mean the act of soliciting.
(Ord. 2540 § 1, 2017)
A. 
Public Streets or Highways.
1. 
No person shall be on a public street or highway while soliciting from the driver or occupant of any unparked motor vehicle.
2. 
No person, while the driver or occupant of an unparked motor vehicle, shall solicit from any person who is on a public street or highway.
B. 
Soliciting or Loitering in Median of Designated Streets. Except as otherwise permitted by law, it is unlawful for any person to either: solicit while on a median strip within a designated street; or loiter on a median strip within a designated street. For the purposes of this section, "loiter" shall mean to linger or remain in or on a median strip for any purpose unrelated to safely traversing a street or other roadway, except in an emergency. This section shall not apply to authorized governmental personnel or contractors who are engaged in: (1) lawful governmental activities such as repairing or maintaining the median strip or adjacent roadway or surveying the road; or (2) any other person with a written city-issued permit (e.g., parade permit, excavation permit, encroachment permit).
C. 
Financial Institutions and Automated Teller Machines. No person shall solicit:
1. 
Within fifteen feet of any entrance or exit of any financial institution during its business hours.
2. 
Within fifteen feet of any automated teller machine, automated teller machine facility, or person standing in line to use any automated teller machine or facility 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.
3. 
Within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility.
4. 
The foregoing restrictions shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary function is unrelated to banking activities, including but not limited to supermarkets and other retail businesses; provided, that such automated teller machine is only available for use during the regular hours of operation of the building, structure or space in which such machine is located.
(Ord. 2540 § 1, 2017)
Every violation of this chapter is an infraction, except that a violation may be charged as a misdemeanor after five or more convictions for violation of any provision of this chapter within a thirty-six-month period.
(Ord. 2540 § 1, 2017)
The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, phrase, 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.
(Ord. 2540 § 1, 2017)