A. 
Purpose. It is the intent of this section to impose reasonable time, place and manner limitations on solicitation, as defined herein, in order to protect the safety of the general public against aggressive solicitation while respecting the constitutional right of free speech.
B. 
Definitions. The following words and phrases when used in this section shall have the following meanings:
"After dark"
means any time from one-half hour after sunset to one-half hour before sunrise.
"Automated teller machine"
means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.
"Automated teller machine facility"
means 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.
"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.
"Communal areas"
means such areas set aside by the commercial property owner allowing and inviting the public to engage in such matters as discourse, relaxation, recreation or entertainment without required patronage of retail establishments within the center. Outdoor restaurant seating areas which are restricted in use to restaurant patronage do not constitute communal areas of the center.
"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.
"Donation"
means a gift of money or other item of value and shall also include the purchase of an item for an amount far exceeding its value under circumstances where a reasonable person would understand that the purchase is in substance a gift.
"Principal entrance or exit"
means a main entryway through which the public may gain entrance into or exit out of a business.
"Public place"
means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, median, highway, 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, and an apartment house or hotel not constituting a room or apartment designed for actual residence.
"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.
"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.
"Solicit"
means to make a request in person seeking an immediate donation of money or other item of value.
"Solicitation"
means any request made in person seeking an immediate donation of money or other item of value.
"Soliciting"
means the act of making a request in person seeking an immediate donation of money or other item of value. A person is not in the act of soliciting when he or she passively displays a sign or gives any other indication that he or she is seeking donations without addressing his or her solicitation to any specific person, other than in response to an inquiry by that person.
C. 
Aggressive Soliciting Prohibited. No person shall engage in aggressive soliciting.
"Aggressive soliciting" 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;
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 the solicited person's consent;
7. 
Engaging in solicitation activity in any of the prohibited places specified in subsection D of this section.
D. 
Places Where Soliciting is Prohibited or Restricted. Soliciting is prohibited when the person solicited is in any of the following locations:
1. 
Banks and ATMs. Soliciting is prohibited within thirty 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 thirty 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 soliciting is prohibited 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. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas. The prohibitions of this paragraph shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including, but not limited to, supermarkets, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located;
2. 
Motor Vehicles. No person shall approach an operator or occupant of a motor vehicle for the purpose of soliciting while such vehicle is on public streets or alleyways or located in any public place;
3. 
Public Parking Lots. No person shall solicit in any public parking lot or structure any time after dark. The prohibitions of this paragraph shall not apply to solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants, solicitations related to the lawful towing of a vehicle, or solicitations related to emergency repairs requested by the operator or other occupant of a vehicle;
4. 
Public Transportation Vehicles and Stops. No person shall solicit in any public transportation vehicle or within ten feet of any designated or posted public transportation vehicle stop;
5. 
Restaurants. No person shall solicit in any outdoor dining area of restaurants or other dining establishments serving food for immediate consumption;
6. 
Persons Waiting in Line. No person shall solicit to persons who are waiting to gain admissions to a place or vehicle or who are waiting to purchase an item or admission ticket.
7. 
Retail or Service Businesses.
a. 
Where commercial property that does not include or contain communal areas is affixed with a sign stating "NO SOLICITORS," or similar statement to the effect that solicitation is not permitted on the property, soliciting is prohibited within thirty feet from any principal entrance or exit of any structure housing any retail or service business on the property. Where the commercial property extends beyond thirty feet from any principal entrance or exit, this prohibition extends to encompass the entire commercial property. In the event that there is less than thirty feet from any business's principal entrance or exit and the nearest public street, the thirty feet restriction is reduced to the maximum distance from the principal entrance or exit which allows presence on a public sidewalk or other public property which is not in the public street.
b. 
For commercial property containing communal areas, including for example, seating areas, plazas, or large walk areas, the property owner may affix a sign to the property stating that "Solicitation of any type is permitted only in designated area(s) of this shopping center. Soliciting is prohibited within thirty feet from any principal entrance or exit of any structure housing any retail or service business on the property. Please contact the property manager for permissible solicitation location. Violators are subject to prosecution pursuant to Cathedral City Municipal Code Section 11.08.020" (or a similar statement to this effect). In the event that there are no areas further than thirty feet from any business's principal entrance or exit within the shopping center, the thirty feet restriction is reduced so that the property owner may designate an alternate permissible location on the property.
c. 
Any such solicitations near retail or service businesses in accordance with this section shall only take place between the hours of eight a.m. and one-half hour after sunset. Such solicitation may not involve any type of sound amplification, such as, but not limited to, stereos, megaphones, etc. Any sign possessed by any such solicitor shall be no larger than three feet wide and four feet long. Only one solicitor is permitted per business, on a first-come, first served basis.
E. 
Penalties.
1. 
Public Nuisance. A violation of subsection C, Aggressive Soliciting Prohibited, or D, Places Where Soliciting is Prohibited or Restricted, of this section by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of Chapter 13.90 of the municipal code.
2. 
Misdemeanor Violation. A violation of subsection C, Aggressive Soliciting Prohibited, or D, Places Where Soliciting is Prohibited or Restricted, of this section by any person responsible for committing, causing or maintaining such violation shall constitute a misdemeanor violation and the violator shall be subject to the provisions set forth in Chapter 13.70 of the municipal code including, but not limited to, the imposition of any and all criminal penalties set forth therein.
3. 
Civil Fines. Any person convicted of a criminal violation of subsection C, Aggressive Soliciting Prohibited, or D, Places Where Soliciting is Prohibited or Restricted, of this section shall, for each separate violation, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period from the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period from the date of the first offense. The fine for a fourth and any subsequent convictions of the same offense within a twelve-month period from the date of the first offense shall be one thousand dollars.
4. 
Administrative Citation. In lieu of issuing a criminal citation for a violation of subsection C, Aggressive Soliciting Prohibited, or D, Places Where Soliciting is Prohibited or Restricted, of this section, the city may issue an administrative citation pursuant to Chapter 13.58 of the municipal code to any person responsible for committing, causing or maintaining a violation of subsection C, Aggressive Soliciting Prohibited, or D, Places Where Soliciting is Prohibited or Restricted, of this section. Nothing in this paragraph shall preclude the city from also issuing a criminal citation upon the occurrence of the same offense on a separate day.
(Ord. 611 § 4, 2005; Ord. 715 § 2, 2012; Ord. 892, 10/22/2025)
No person shall commit a trespass on residential property or on public property. "Trespass" for the purpose of this section means:
A. 
Entering upon, or refusing to leave, any private property of another, either where the property has been posted with "NO TRESPASSING" signs, or where immediately prior to the entry, or subsequent thereto, notice is given by the owner or occupant, orally or in writing, that such entry, or continued presence, is prohibited.
B. 
Entering upon, or refusing to leave, any public property in violation of regulations promulgated by the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning property, where the regulations have been conspicuously posted or where immediately prior to such entry, or subsequent thereto, the regulations are made known by the official charged with the security, care or maintenance of the property, his or her agent or a police officer.
(Ord. 15 § 1, 1982; Ord. 761 § 2, 2015)