The provisions of this chapter shall apply generally to all
property throughout the unincorporated territory of the County of
Sacramento wherein any of the conditions herein specified are found
to exist; provided, however, that any condition which would constitute
a violation of this chapter, but which is permitted or authorized
under any County, State or Federal law, shall not be deemed to violate
this chapter.
(SCC 1559 § 1, 2014)
For purposes of this chapter, the following words, terms and
phrases shall have these definitions:
A. "Aggressive"
shall mean any of the following:
1. Conduct
intended or likely to cause a reasonable person to fear bodily harm
to oneself or to another, to fear damage to or loss of property, or
otherwise to be intimidated into giving money or other thing of value;
2. Intentionally
touching or causing physical contact with another person or an occupied
vehicle without that person's consent;
3. Persisting
in closely following or approaching a person, after the person has
informed a solicitor 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
4. Using
violent gestures toward a person.
B. "Automated
teller machine (ATM)" shall mean any electronic information processing
device which accepts or dispenses cash in connection with a credit,
deposit, or convenience account.
C. "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.
D. "Bank"
shall mean 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.
E. "Check
cashing business" shall mean 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.
F. "Credit
union" shall mean 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.
G. "Donation"
shall mean a gift of money or other item of value.
H. "Financial
institutions" for purposes of this chapter shall mean any of the following
as defined herein: bank, savings and loan association, credit union,
and/or check cashing business.
I. "Intrusive"
shall mean to thrust or force oneself in without invitation, permission,
or welcome and cause physical contact, block the path of travel, or
behave in a threatening manner.
J. "Median
strip" shall mean a paved or planted area of public right-of-way that
divides a street or highway according to the direction of travel.
K. "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,
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.
L. "Public
transportation vehicle" shall mean any vehicle, including a trailer
bus, or train, 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.
M. "Savings
and loan association" shall mean 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 1752 of the Federal Credit Union Act.
N. "Solicit"
shall mean to ask, beg, request, and/or panhandle 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 direct and immediate sale of goods
or services.
(SCC 1559 § 1, 2014)
Nothing in this chapter shall be construed to prohibit the lawful
vending of goods and services.
(SCC 1559 § 1, 2014; SCC
1573 § 1, 2014)
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.
(SCC 1559 § 1, 2014)