A. 
The purpose and intent of this chapter is to protect the safety and welfare of the general public and improve the quality of life and economic vitality of the County of Sacramento by imposing reasonable time, place, and manner restrictions on aggressive and intrusive solicitation while respecting the constitutional rights of free speech for all citizens.
B. 
Aggressive and intrusive solicitation typically includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The Board of Supervisors finds that an increase in aggressive solicitation throughout the County has become disturbing and disruptive to residents and businesses and has contributed not only to the loss of access to and enjoyment of places open to the public, but has also created an enhanced sense of fear, intimidation and disorder.
C. 
The Board of Supervisors finds that solicitation from people in places where they are a "captive audience" in which it is impossible or difficult for them to exercise their own right to decline to listen to or to avoid solicitation from others, is problematic and presents a risk to the health, safety and welfare of the public. Such places include public transportation vehicles and their designated locations for stops, as well as gasoline stations. The Board of Supervisors further finds that the presence of individuals who solicit money from persons at or near banks or automated teller machines is especially threatening and dangerous. Such activity often carries with it an implicit threat to both person and property. 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 unavoidable confrontations.
D. 
The Board of Supervisors finds that solicitation on roadway median strips, at traffic intersections, and in the public roadway is unsafe and hazardous for solicitors, drivers, pedestrians, and the general public. Soliciting on roadway median strips, at traffic intersections, and in the public roadway increases the risk of drivers becoming distracted from their primary duty to watch traffic which may result in 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.
E. 
The Board of Supervisors further finds that the practice of solicitation near driveways accessing shopping centers, retail, and business establishments is unsafe and hazardous for solicitors, drivers, pedestrians and the general public. The location of the solicitor near the driveway compromises the solicitor's safety, impedes visibility, and impairs a driver's ability to safely enter and exit. Drivers also become distracted from their duty to watch traffic which may result in 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.
F. 
This law is timely and appropriate because current laws and County 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. Furthermore, in enacting this legislation, the Board of Supervisors recognizes the availability of community service and other sentencing alternatives, which may be appropriate remedies for violations of this law. The goal of this law is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome presence in the County.
(SCC 1559 § 1, 2014)
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)
A. 
No person shall solicit in an aggressive or intrusive manner in any public place.
B. 
All solicitation is prohibited at the following specified locations:
1. 
Financial Institutions and Automated Teller Machines (ATMs). No person shall solicit 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. No person shall solicit within 35 feet of any entrance or exit of any financial institution during its business hours or within 35 feet of any automated teller machine during the time it is available for customers' use. 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.
These provisions 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, airports and school buildings, 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 solicit from an operator or occupant traveling in a motor vehicle while such vehicle is located within 200 feet of any intersection in which at least one corner is controlled by an official traffic signal of the type set forth in California Vehicle Code Section 21450 or by any sign regulating the flow of traffic, such as a stop sign or yield sign.
3. 
Median Strips. No person shall solicit on a median strip or in any manner or location that is inconsistent with the provisions of the California Vehicle Code.
4. 
Driveways Accessing Shopping Centers, Retail, and Business Establishments. No person shall solicit from an operator or occupant traveling in a motor vehicle while such vehicle is located within 35 feet of a driveway providing vehicular access to a shopping center, retail, or business establishment.
5. 
Public Transportation Vehicles and Stops. No person shall solicit in any public transportation vehicle or within 50 feet of any designated or posted public transportation vehicle stop.
6. 
Gasoline Stations and Fuel Pumps. No person shall solicit from an operator or occupant of a motor vehicle while such vehicle is stopped in a gasoline station or at a gasoline pump.
These provisions shall not apply to solicitations related to business authorized by and/or conducted by the property owner, business owner, or employees thereof on the premises.
(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)
A. 
Infraction. Any person who violates Section 9.81.040 of this chapter shall be guilty of an infraction.
B. 
Misdemeanor. Any person who violates Section 9.81.040 of this chapter more than two times within a six-month period shall be guilty of a misdemeanor.
C. 
Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter.
(SCC 1559 § 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)