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.
"Solicitation, solicit(ing), ask(ing) or beg(ging)"
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 or an immediate or future sale of a product or service.
A "solicitor"
is defined as someone who engages in the act of "soliciting," "asking," or "begging" as defined above.
Additional key terms are defined in the following sections.
(Ord. 14-333 § 1)
A. 
No person shall solicit, ask, or beg in an aggressive manner in any public place or within 50 feet from the front of a private residence.
B. 
"Aggressive manner" shall mean any one or more 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, (b) fear damage to or loss of property, or (c) otherwise be intimidated into giving money or other thing of value; or
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; or
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; or
4. 
Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging; or
5. 
Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or 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. 
Knocking on the front door or ringing the door bell or otherwise attempting to get the attention of one or more residents in a private residence for the exclusive purpose of soliciting when there is a clear sign on or within six inches from the front door, no lower than 30 inches above the door threshold level but no higher than 60 inches above the door threshold level indicating that there should be "No Soliciting," "No Solicitation," "No Begging" or similar language; or
7. 
Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.
(Ord. 14-333 § 1)
A. 
Banks and ATMs. No person shall solicit, ask or beg within 50 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 50 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.
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.
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 within 100 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.
a. 
Subsection (B)(1) shall not apply to an individual or organization representing a government public safety organization from conducting solicitation in a public place in support of that organization or its causes after having first obtained a permit as detailed in Section 5.04.150.
b. 
Subsection (B)(2) shall not apply to any of the following:
i. 
To solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;
ii. 
To solicitations related to the lawful towing of a vehicle; or
iii. 
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 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.
2. 
Any person who solicits, asks or begs in any public transportation vehicle, or within 10 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 30 days, he or she engaged in a solicitation at that location and had been asked to leave by a person specified in subsection (C)(2)(a).
c. 
Subsection (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 subsection (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 subdivision; or
2. 
Within the immediately preceding 30 days, he or she engaged in a solicitation at that location and had been asked to leave by a person specified in subsection (D)(1).
3. 
Subsection (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 subsection (D)(1).
(Ord. 14-333 § 1)