HomeMy WebLinkAboutOrdinance - 2400 - Amend Title 10
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ORDINANCE NO. 2400
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 10
(PUBLIC PEACE, MORALS AND WELFARE) BY ADDING CHAPTER
10.19 (AGGRESSIVE SOLICITATION) AND SECTIONS 10.19.010
THROUGH 10.19.040 ALL PERTAINING TO THE REGULATION OF
THE TIME, PLACE AND MANNER OF SOLICIT A TIONS FOR MONEY
OR OTHER THINGS OF VALUE BY AGGRESSIVE MEANS
WHEREAS, it is the intent of the City Council in enacting this Ordinance to improve the quality
oflife and economic vitality of the City, and to protect the safety of the general public against certain
abusive conduct of persons engaged in solicitation, by imposing reasonable time, manner and place
restrictions on solicitation while respecting the constitutional rights of free speech for all citizens;
and
WHEREAS, the City Council finds that an increase in aggressive solicitation throughout the City
has become extremely disturbing and disruptive to residents and businesses, and has contributed not
only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear,
intimidation and disorder; and
WHEREAS, aggressive solicitation usually includes approaching or following pedestrians, the use
of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and
vehicular traffic, the City Council 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.
Motorists also find themselves confronted by persons who, without permission, wash their
automobile windows at traffic intersections, despite explicit indications by drivers not to do so. Such
activity often carries with it an implicit threat to both person and property. People driving or parking
on City streets frequently find themselves faced with panhandlers seeking money by offering to
perform "services" such as opening car doors or locating parking spaces; and
WHEREAS, the City Council further finds as abusive the solicitation of 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. Such places include buses, subways and
trains; parking lots and structures; and indoor and outdoor dining areas. 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; and
WHEREAS, 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 are narrowly tailored to serve a substantial goverrnnental interest.
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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 ofthis law is to protect citizens from the fear and intimidation accompanying certain
kinds of solicitation that have become an unwelcome and overwhelming presence in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN
AS FOLLOWS:
Section 1.
Title 10, Chapter 10.19 is hereby added to read as follows:
UNLAWFUL SOLICITATION
Section 2. Title 10, Chapter 10.19, Section 10.19.010 through 10.19.040 are hereby
added to read as follows:
10.19.010 Defmitions.
For purposes of this Chapter:
A. "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 (i) fear bodily harm to oneself or to another,
damage to or loss of property, or (ii) 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 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
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6. Using profane, offensive or abusive language which is inherently likely to
provoke an immediate violent reaction, either before, during or after
solicitation.
B. "Automated teller machine" 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" 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.
E. "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.
F. "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.
G. "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.
H. "Public transportation vehicle" shall mean any vehicle, including a trailer bus,
designed, used or maintained for carrying ten (10) or more persons, including the
driver; or a passenger vehicle designed for carrying fewer than ten (10) persons,
including the driver, and used to carry passengers for hire.
I. "Savings and loan association" means any federal savings and loan association and
any "insured institution" as defined in Section 401 ofthe National Housing Act, as
amended, and any federal credit union as defined in Section 2 of the Federal Credit
Union Act.
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J. "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 or soliciting the sale of goods or services.
10.19.020 Aggressive Solicitation Prohibited.
No person shall solicit, ask or beg in an aggressive manner in any public place.
10.19.030 All Solicitations Prohibited At Specified Locations.
A. No person shall solicit, ask or beg within fifteen (15) 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 (15) feet of any automated teller machine during
the time it is available for customers' use. However, 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.
B. 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.
c. No person shall approach an operator or occupant of a motor vehicle for the purpose
of soliciting, asking or begging while such vehicle is located in any public place.
D. No person shall solicit, ask or beg in any parking lot or structure at anytime from one
half-hour after sunset to one-half hour before sunrise.
E. No person shall solicit, ask or beg in any public transportation vehicle.
10.19.040 Exemptions.
A. Nothing in Section 10.19.030, subdivision (A) shall be construed to prohibit the
lawful vending of goods and services within such areas addressed by Section
10.19.030, subdivision (A).
B. The provisions of Section 10.19.030, subdivisions (A) and (B) 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.
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C. The provisions of Section 10.19.030, subdivisions (C) and (D) shall not apply to
solicitations related to business which is being conducted on the subject premises by
the owner or lawful tenants; solicitations related to the lawful towing of a vehicle; or
to solicitations related to emergency repairs requested by the operator or other
occupant of a vehicle.
Section 3. The provisions of this ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the
invalidity ofthe application thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or circumstances.
Section 4. Nothing in this chapter shall limit or preclude the enforcement of other applicable
laws.
Section 5. The passage of this ordinance is not a "project" according to the definition in the
California Enviromnental Quality Act, and is therefore not subject to the provisions requiring
enviromnental review.
Section 6. This ordinance shall take effect thirty (30) days after the date of its adoption, and
the City Clerk shall certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City
Council on the 16th day of October, 2007, and was read and adopted at a regular meeting of the City
Council on the 6th day of November, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Jones, Murray, and Dickerson
None
Stegall
None
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DICK DICKERSON, Mayor
ATTEST:
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APPROVED AS TO FORM:
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CONNIE ST
Clerk
RICHARD A. DUVERNAY, City
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