A. 
Aggressive or intimidating acts by persons soliciting money or other things of value from others upon public property, or private property open to the public, imperils the safety of residents, visitors and tourists within the city of Crescent City.
B. 
Such conduct jeopardizes the city's economy by discouraging visitors, tourists and prospective customers from coming to Crescent City for business, recreation and shopping.
C. 
Such conduct also undermines the public's basic right to be in and enjoy public places without fear that they will be pursued or intimidated by persons aggressively seeking solicitations.
D. 
It is the purpose of this chapter to maintain and improve the quality of life and economic vitality of the city of Crescent City while respecting the exercise of free speech guaranteed by the United States and California constitutions.
(Ord. 753 § 2, 2-16-2010)
For the purposes of this chapter the following words have the following meanings:
"Aggressive manner"
means:
1. 
Approaching, speaking to, or following a person before, during or after making a solicitation, if that conduct is likely to cause a reasonable person to:
a. 
Fear bodily harm to oneself or to another;
b. 
Fear damage to, or loss of, property;
c. 
Fear the commission of a criminal act upon one's person or upon property in one's immediate possession; or
d. 
Otherwise be intimidated into giving money or other thing of value;
2. 
Approaching an occupied vehicle by entering into the roadway when traffic is either stopped or moving before, during or after making a solicitation;
3. 
Knocking on the window of or physically reaching into an occupied vehicle before, during or after making a solicitation;
4. 
Continuing to solicit from a person after that person has walked away from a solicitor or given a negative response to a solicitation or otherwise indicated a desire not to donate;
5. 
Intentionally touching or causing physical contact with another person without that person's consent before, during or after making a solicitation;
6. 
Intentionally blocking, preventing, impeding, or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or driver to take evasive action to avoid physical contact, before, during or after making a solicitation;
7. 
Using violent or threatening gestures toward a person before, during or after making a solicitation;
8. 
Using profane, offensive or abusive language toward a person before, during or after making a solicitation;
9. 
Making a solicitation while under the influence of alcohol or any illegal drug or controlled substance;
10. 
Following a person while making a solicitation without the person's consent;
11. 
Coming within three feet of a person solicited unless that person has indicated that he or she wishes to make a donation;
12. 
Making a solicitation in a group of two or more persons;
13. 
Rendering any service to a motor vehicle, including, but not limited to, any cleaning, washing, protecting, guarding or repairing of the vehicle or any portion thereof without the prior consent of the owner, operator or occupant of the vehicle, and thereafter making a solicitation or requesting payment for such service, regardless of whether the vehicle is stopped, standing or parked and regardless of whether the vehicle is on a public or private street or property;
14. 
Intentionally blocking, preventing, impeding or interfering with the free and unobstructed ability of the person solicited to enter into or emerge from any vehicle before, during or after making a solicitation;
15. 
Making a solicitation within twenty feet of any entrance or exit to any check cashing business, supermarket, retail store or automated teller machine without the consent of the owner of the property or other person legally in possession of such facilities; provided, however, that when an automated teller machine is located within a building, such distance shall be measured from the entrance or exit of the building within which it is located; or
16. 
Making a solicitation while in any public transportation vehicle.
"Make(ing) a solicitation" or "make(ing) solicitations"
means to ask, beg, or request by spoken, written, or printed word or similar conduct for the purpose of obtaining an immediate donation of money or other thing of value whether for personal use or as a charitable contribution to any individual or organization or for any other purpose.
"Solicitor"
means the person making a solicitation.
(Ord. 753 § 2, 2-16-2010)
It is unlawful for any person to make a solicitation in an aggressive manner in any place open to the general public, whether publicly or privately owned, including, but not limited to, sidewalks, streets, alleys, driveways, parking lots, parks, plazas, buildings, doorways, and the grounds around or enclosed by buildings.
(Ord. 753 § 2, 2-16-2010)
A. 
It is unlawful for any person to make a solicitation, in any manner, after sunset and before sunrise if that person is on public property.
B. 
It is unlawful for any person to make a solicitation, in any manner, after sunset and before sunrise if that person is on private property unless he or she has the consent of the owner or other person legally in possession of the property.
(Ord. 753 § 2, 2-16-2010)
A. 
It is unlawful for any person to make a solicitation, in any manner, while located:
1. 
In the parking lot of and/or within twenty feet of any bank, automated teller machine, or other financial institution building;
2. 
Within ten feet of any intersection of city streets, including intersection of city streets and state highways or state highway on-ramps and off-ramps;
3. 
On any median in any city street;
4. 
On the roadway of any city street intended for the use of vehicular traffic; or
5. 
Within twenty feet of any bus stop; or
6. 
Within ten feet of any crosswalk; or
7. 
In a turnout, overlook or vista point along a public roadway.
B. 
This section does not apply to solicitations made on private property with the prior consent of the owner or other person in legal possession of the property.
(Ord. 753 § 2, 2-16-2010)
A. 
It is unlawful for any person to make a false or misleading statement or representation in the course of making a solicitation. False or misleading representations include but are not limited to the following:
1. 
Stating that the donation is needed to meet a specific need when the solicitor already has sufficient funds to meet that need and does not disclose that fact;
2. 
Stating that the donation is needed to meet a need which does not exist;
3. 
Stating that the solicitor is from out of town and stranded when that is not true;
4. 
Stating that the solicitor is homeless when he or she is not;
5. 
Wearing a military uniform or other indication of military service when the solicitor is neither a present nor former member of the service so indicated;
6. 
Wearing or displaying an indication of physical disability when the solicitor does not suffer from the disability so indicated;
7. 
Use of any makeup or device to simulate a deformity or injury; or
8. 
Stating that the solicitor is soliciting on behalf of an organization which does not exist or which has not authorized the solicitor to seek donations on its behalf.
B. 
It shall be unlawful for any person to solicit a donation stating that the funds are needed for a specific purpose and then to spend the funds received for a different purpose.
(Ord. 753 § 2, 2-16-2010)
Any violation of this chapter is an infraction punishable by a fine not to exceed fifty dollars and community service not to exceed ten hours for a first offense. A second violation of this chapter committed within one year of the first violation is an infraction punishable by a fine not to exceed one hundred dollars and community service not to exceed twenty hours. A third violation committed within one year of the second violation, and all subsequent violations committed within one year of the previous violation, is a misdemeanor punishable by a fine not to exceed two hundred fifty dollars and community service not to exceed thirty hours or imprisonment for a period not to exceed thirty days, or both.
(Ord. 753 § 2, 2-16-2010)