Prior ordinance history: Ord. 1213.
For purposes of this chapter:
"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.
"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.
(Ord. 1468 § 1, 2010)
A. 
No person shall solicit, ask, or beg in an aggressive manner in any public place.
B. 
"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 an 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 of 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.
(Ord. 1468 § 1, 2010)
A. 
Banks and ATMs. No person shall solicit, ask or beg within fifteen 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 fifteen 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 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.
1. 
Definitions. For purposes of this section:
"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.
"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.
"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.
2. 
Exemptions. The provisions of Section 9.44.030(A)(1) 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.
B. 
Motor Vehicles and Parking Lots.
1. 
Motor Vehicles. No person shall solicit, ask or beg from an operator or occupant of a motor vehicle while such vehicle is located with one hundred feet of any intersection that is controlled by an official traffic signal of the type set forth in Vehicle Code Section 21450.
No person shall approach an operator or occupant of a motor vehicle for the purpose of soliciting, asking or begging while such vehicle is in a public place.
2. 
Parking Lots. 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.
3. 
Exemptions. Section 9.44.030(A)(2) shall not apply to any of the following:
a. 
To solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;
b. 
To solicitations related to the lawful towing of a vehicle; or
c. 
To solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.
C. 
Public Transportation Vehicles and Stops.
1. 
"Public transportation vehicle" shall mean 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.
2. 
Any person who solicits, asks or begs in any public transportation vehicle, or within ten feet of any designated or posted public transportation vehicle stop, is guilty of a violation of this section if:
a. 
He or she remains there after being asked to leave by the owner, driver, or operator of a public transportation vehicle; the agent of the owner, driver or operator of a public transportation vehicle; the owner or manager of a public transportation facility; the agent of the owner or manager of a public transportation facility; a member of a security force employed by the public transportation facility; or by a peace officer, as defined in Chapter 4.5 of Title 3 of the California Penal Code (commencing with Penal Code, Section 830); or
b. 
Within the immediately preceding thirty days, he or she engaged in a solicitation at that location and had been asked to leave by a person specified in Section 9.44.030(C)(2)(a).
c. 
Section 9.44.030(C)(2) is not violated if a person who has been requested to leave enters the property within the designated period and solicits, asks, or begs with the express authorization of a person specified in Section 9.44.030(C)(2)(a).
D. 
Restaurants. Any person who solicits, asks, or begs in any outdoor or indoor dining area of a restaurant or other establishment serving food for immediate consumption is guilty of a violation of this section if:
1. 
He or she remains there after being asked to leave by the owner, manager or supervisor of the restaurant or other food establishment; the agent of the owner, manager or supervisor of the restaurant; a member of a security force employed by the restaurant; or by a peace officer, as defined in Chapter 4.5 of Title 3 of the California Penal Code (commencing with Penal Code, Section 830), acting at the request of any of the persons specified in this subsection; or
2. 
Within the immediately preceding thirty days, he or she engaged in a solicitation at that location and had been asked to leave by a person specified in Section 9.44.030(D)(1).
3. 
Section 9.44.030(D)(1) is not violated if a person who has been requested to leave enters the property within the designated period and solicits, asks, or begs with the express authorization of a person specified in Section 9.44.030(D)(1).
(Ord. 1468 § 1, 2010)
Nothing in this chapter shall prohibit an individual or organization representing a legitimate nonprofit organization from conducting solicitation in a public place in support of that organization or its causes after having first obtained a permit from the police department.
(Ord. 1468 § 1, 2010)
A. 
Every person desiring a public nonprofit solicitation permit shall file an application with the police chief or designee, containing the following:
1. 
The name, address and phone number of the applicant;
2. 
The name and tax identification number of the organization represented or supported by the solicitation;
3. 
The date and times for which the permit is requested;
4. 
The dates of any previous permits issued to the applicant within the previous six months;
5. 
Additional information the police chief, or designee, may reasonably require; and
6. 
The signature of the applicant under penalty of perjury.
B. 
There shall be no fee charged for issuance of a public nonprofit solicitation permit.
C. 
Individuals and organizations meeting the requirements of this section may apply for a public nonprofit solicitation permit once every six months.
D. 
The police chief may impose conditions or restrictions on the exercise of the permit necessary to ensure the safety of the applicant and the public.
E. 
The police chief shall issue a permit if:
1. 
The application was completed in accordance with this chapter;
2. 
He or she determines that the health, safety and general welfare of the neighborhood will not be adversely affected thereby; and
3. 
The application is signed by the applicant under penalty of perjury.
(Ord. 1468 § 1, 2010)
A violation of this chapter is punishable as a misdemeanor.
(Ord. 1468 § 1, 2010)
Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.
(Ord. 1468 § 1, 2010)