(a) 
The purpose and intent of this article is to protect the safety and welfare of the general public and improve the quality of life and economic vitality of the City of Davis by imposing reasonable restrictions on aggressive, hazardous, and/or obstructive conduct while respecting the constitutional rights of free speech and privacy for all citizens.
(b) 
Aggressive conduct typically includes using profane, offensive or abusive language or acts directed at another person, threats of physical contact, or the intentional blocking of a person or their bicycle or vehicle. The city council finds that an increase in aggressive and hazardous conduct throughout the city has become disturbing and disruptive to persons 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 of intimidation, disorder and harmful conduct.
(c) 
The city council finds that the solicitation of money or alms is especially dangerous and threatening at or near banks or in close proximity to automated teller machines. Such activity often carries with it an implicit threat to both persons and property. Minimally restricting solicitation in such places during business hours will provide a balance between the rights of persons to engage in lawful conduct and the rights of persons who wish to decline or avoid unwanted or unavoidable confrontations in sensitive areas prone to abuse or theft.
(d) 
The city council finds that the presence of persons or personal property on narrow roadway median strips and the intentional blocking or disruption of traffic, pedestrians and bicyclists on the public roadway or bicycle lanes and bicycle paths, is unsafe and hazardous for drivers, bicyclists, pedestrians, and the general public. The presence of persons or placing personal property on narrow roadway median strips, at traffic intersections, on bicycle lanes and paths and in the public roadway is distracting to others and increases the risk of collisions, congestion and blockage of streets and traffic signs, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems. Further, storing and leaving personal property unattended or the presence of abandoned property on roadway median strips, sidewalks, rights-of-way and other open space areas open to the public often obstructs or interferes with pedestrian access to sidewalks and businesses and increases the risk of tripping, falling, or impeding safe ingress and egress of store patrons and emergency personnel.
(e) 
The city council finds that the willful trespass by persons refusing or failing to leave land, real property, structures or enclosed open areas like plazas and courtyards belonging to or lawfully occupied by another upon being requested to leave is problematic and presents a risk to the health, safety and welfare of the public. Continued trespass is disturbing and disruptive to persons and businesses and contributes not only to the loss of access to and enjoyment of private property that is open to the public, but has also created an enhanced sense of fear of intimidation, disorder and harmful conduct.
(f) 
This law is timely and appropriate because current laws and City 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 in furtherance of the public health and safety, by imposing minimal restrictions on conduct that is aggressive, hazardous, or otherwise obstructs safe and necessary pedestrian and vehicular access. Furthermore, in enacting this legislation, the city council 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 persons from the fear and intimidation accompanying certain kinds of aggressive and hazardous conduct, and to properly and efficiently address the hazards associated with unattended and abandoned personal property on streets and sidewalks.
(Ord. 2528 § 2, 2018)
The provisions of this article shall apply generally to all property throughout the City of Davis wherein any of the conditions herein specified are found to exist; provided, however, that any condition which would constitute a violation of this article, but which is permitted or authorized under any city, state or federal law, shall not be deemed to violate this article.
(Ord. 2528 § 2, 2018)
For purposes of this chapter, the following words, terms and phrases shall have these definitions:
Aggressive conduct
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, damage to or loss of property, or otherwise to be intimidated into giving money or other thing of value; and
(2) 
Intentionally touching or causing physical contact, or threatening physical contact with another person or an occupied vehicle without that person's consent; and
(3) 
Persisting in closely following or approaching a person after the person has informed such person they do not want to be followed or approached or does not want to give money or any other thing of value to the person; and
(4) 
Using violent or threatening gestures toward a person; or
(5) 
Using profane, offensive or abusive language towards a person in order to cause fear or intimidation or which is likely to provoke an immediate violent or fearful reaction.
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.
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
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.
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.
Donation
shall mean a gift of money or other item of value.
Financial institutions,
for purposes of this chapter, shall mean any of the following as defined herein: bank, savings and loan association and/or credit union.
Narrow median strip
shall mean a paved, planted, or delineated area that is less than four feet in width that divides a street or highway according to the direction of travel.
Public place or place open to the public
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.
Public transportation vehicle
shall mean any vehicle, including a trailer bus, or train, 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.
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.
Solicitation of money or alms
shall mean to use spoken words or bodily gestures to ask, beg, and/or request the immediate donation of money or other thing of value or soliciting the direct and immediate sale of goods or services.
(Ord. 2528 § 2, 2018)
(a) 
No person shall willfully engage in aggressive conduct in any public place or place open to the public.
(b) 
No person shall willfully and knowingly engage in solicitation of money or alms within fifteen feet of any entrance or exit of any financial institution during its business hours or within fifteen 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. The provisions of this subsection 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 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.
(c) 
No person shall willfully block or disrupt the regular flow of vehicular traffic, pedestrians or bicyclists operating on a highway or bicycle path.
(d) 
No person shall willfully sit, stand, or be present or store personal property on a narrow median strip unless they are in compliance with the provisions of the California Vehicle Code for pedestrians crossing a highway.
(e) 
No person shall willfully refuse or fail to leave land, real property, structures or enclosed open areas such as plazas and courtyards, belonging to or lawfully occupied by another upon being requested to leave by: (1) a peace officer at the request of the owner, the owner's agent, or the person in lawful possession, and upon being informed by the peace officer that he or she is acting at the request of the owner, the owner's agent, or the person in lawful possession; or (2) the owner, the owner's agent, or the person in lawful possession.
(f) 
No person or business shall willfully block or obstruct the free passage of pedestrians along a sidewalk, or block the entrance of any place of business or facility open to the public so as to prevent the free ingress and egress of entrances and exits.
(g) 
No person shall leave or store personal property on public streets, sidewalks and rights-of-way unattended. Unattended and abandoned property is subject to removal, pursuant to the provisions of section 26.06.050.
(Ord. 2528 § 2, 2018)
(a) 
Personal property left unattended on public streets, sidewalks and rights-of-way in violation of Section 26.06.040(g), including any personal property with apparent value such as clothing, shoes, tents, tarps, towels, sleeping bags, or other personal effects, shall be delivered to the police chief and stored or disposed of pursuant to the provisions of Article 20.01 of this Code.
(b) 
Nothing in this article is intended to restrict or otherwise interfere with the city's authority to lawfully remove and dispose of trash and debris discarded on public streets, sidewalks, and other city-owned property.
(c) 
The chief of police may develop regulations regarding the implementation and enforcement of this article.
(Ord. 2528 § 2, 2018)
(a) 
Infraction. Any person who violates Section 26.06.040 of this article shall be guilty of an infraction.
(b) 
Misdemeanor. Any person who violates Section 26.06.040 of this article more than three times within a six-month period shall be guilty of a misdemeanor.
(c) 
Nothing in this article shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this article.
(Ord. 2528 § 2, 2018)
The provisions of this article are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this article, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this article, or the validity of its application to other persons or circumstances.
(Ord. 2528 § 2, 2018)