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HomeMy WebLinkAbout18 SOLICITATION ORDINANCE 01-15-07AGENDA REPORT MEETING DATE: JANUARY 15, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM:SCOTT M. JORDAN, CHIEF OF POLICE SUBJECT: SOLICITATION ORDINANCE SUMMARY The police department has experienced an increase in the number of calls for service regarding individuals soliciting adjacent to A TMs located in various markets within the city. This has caused patrons of both the ATMs and markets to be uncomfortable resulting in calls to the police department for service. Additionally, other cities surrounding Tustin have experienced problems with aggressive panhandlers. The city attorney was asked to review our ordinances governing said solicitation and research an aggressive panhandling ordinance. RECOMMENDATION Introduce Ordinance that adds Chapter 11 to the Tustin City Code regulating aggressive solicitation and prohibiting all solicitation in certain areas. FISCAL IMPACT None. BACKGROUND Current Tustin City Code (TCC) 6710, regulating solicitation in public places, was enacted in 1994 and has not been used by any police personnel. There are concerns over the constitutionality of the code and the ability of city personnel (police and code enforcement) to enforce it. Additionally, several surrounding cities have experienced difficulties with aggressive panhandlers. These individuals yell, swear and in some cases, touch in order to intimidate individuals into giving them money. The police department requested the city attorney's office to research and write an ordinance addressing these concerns. The attached ordinance is the result. SCOTT M. JORDAN Chief of Police STEVE L LEWIS Lieutenant North Area Command Attachments: Ordinance Application for Solicitation Application for Tax-Exempt Status Photos ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 11 TO THE TUSTIN CITY CODE, REGULATING AGGRESSIVE SOLICITATION AND PROHIBITING ALL SOLICITATION IN CERTAIN AREAS. The City Council of the City of Tustin, California, finds and determines as follows: A. The City Council of the City of Tustin finds aggressive solicitation disturbing and disruptive to residents and businesses. B. The City Council finds that aggressive solicitation contributes to the loss of access to and enjoyment of public places and to the sense of fear, intimidation and disorder. C. The presence of individuals who solicit money from persons in places that are confined, difficult to avoid, or where a person might find it necessary to wait, is especially troublesome because of the enhanced fear of crime. D. The City desires to protect its residents and visitors from aggressive solicitors and solicitations in certain areas and desires to enact this ordinance to provide those protections and safeguards in the community. The City Council of the City of Tustin ordains: Section 1. Chapter 11 is hereby added to Article 5 of the Tustin City Code in its entirety to read as follows: Chapter 11 PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION Sections: 5920 - Purpose and Intent 5925 - Definitions 5930 - Aggressive Solicitation Prohibited 5935 - All Solicitation Prohibited at Specified Locations 5940 - Penalty 520573.1 1 5920 Purpose and Intent. This Chapter is intended to protect citizens from the fear and intimidation accompanying aggressive solicitation and all solicitation in certain confined areas. It is not the intent of this Chapter to limit constitutionally protected activity. Aggressive solicitation may include approaching or following pedestrians, repetitive soliciting despite refusals, use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. 5925 Definitions. A. Definitions identified and defined in Subsection B, whenever used in the Title, shall be construed as defined therein unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly ascribed to the use of such words or phrases. B. In construing the provisions of this Chapter, the following definitions shall apply: "After dark" means any time from one-half hour after sunset to one-half hour before sunrise. "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, or the blocking or interfering with pedestrian or vehicular access to any building, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact or to gain entrance to a building; 4. Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking, or begging; 520573.1 2 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. Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation. "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. "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. "Credit union" means a"ny federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration. "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, as may be" amended from time to time. "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. "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, as may be amended from time to time. "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. 520573.1 3 5930 Aggressive Solicitation Prohibited. No person shall solicit, ask or beg in an aggressive manner in any public place. 5935 All Solicitation Prohibited at Specified Locations. A. Banks and A TMs. No person shall solicit, ask or beg within 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 15 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. B. Motor vehicles and parking lots. 1. Motor vehicles. 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. 2. Parking lots. No person shall solicit, ask or beg in any public parking lot or structure any time after dark. This prohibition 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. 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 is guilty of a violation of this section. 520573.1 4 D. Restroom. No person shall solicit, ask, or beg in any public restroom or within fifteen (15) feet of the entrance to a public restroom. 5940 Penalty. Each act of solicitation prohibited by this section shall constitute a separate violation of this Chapter. A violation of this Chapter is punishable as a misdemeanor. Section 2. The provisions of this Chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances. Section 3. This ordinance shall become effective at 12:01 am on the thirty-first day after passage. Section 4. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional. PASSED, APPROVED, AND ADOPTED this _ day of 2006. LOU BONE, MAYOR ATTEST: PAMELA STOKER, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY 520573.1 5 ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Interim Ordinance was passed and adopted at a regular meeting of the City Council held on the _ day of , 2006, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, CITY CLERK Published: 520573.1 6 CITY OF TUSTIN APPLICATION FOR SOLICITATION Please complete the following and return form to City of Tustin, Business License Desk LICENSE PERIOD: LICENSE #: NAME OF SOLICITOR: TELEPHONE: SOLICITOR'S ADDRESS: Street City Zip Code SOCIAL SECURITY # DRIVER'S LICENSE # DESCRIBE TYPE OF SOLICITATION: IF PRODUCT IS BEING SOLD, PLEASE IDENTIFY: NAME OF COMPANY: BUSINESS ADDRESS: Street City Zip Code MAILING ADDRESS: Street City Zip Code BUSINESS TELEPHONE: " NAME OF COMPANY FIELD REPRESENTATIVE: CONTACT TELEPHONE: NO. OF DAYS RATE/DAY DATE TOTAL DUE CHECK # $1 0.00 City of Tustin, 300 Centennial Way, Tustin, CA 92780 INITIALS APPLICATION FOR TAX-EXEMPT STATUS OF NOT-FOR-PROFIT ORGANIZATION In addition to the City of Tustin business license application, all of the following information must be supplied to qualify for tax- exempt status: 1. Name of Organization: 2. Address - street and City: 3. Name(s) of individual in charge of organization: Individual(s)' residential address(s) (street and city): Day Time Phone No.: Birth Date: Aliases or other names used, if any: 3. Purpose of Organization: **************************************** Copies of the following documents, as applicable, must be submitted with the application for this application to be considered complete: (a) Articles of Incorporation and By-Laws of corporation and By- Laws of unincorporated entities; (b) Internal Revenue Service Notice of Tax-Exempt statue; (c) Names, residential addresses and phone numbers of all officers and directors of the Applicant; (f) A copy of the most recent Periodic Report filed with the Attorney General. Upon submittal of the application, the Community Development Department shall verify within five (5) working days as to whether the application is complete. If the Community Development Department determines that the application is incomplete, the appl.icant will be notified within five (5) working days of such determination, along with the specific reasons therefore. NM:taxcmernp.for Current signage placed on buildings in several locations. CPC section cited is non-existent. ---------- - South door of Ralphs and second posted sign. I View of bank location inside store and proximity to A TM's and doorway. - View looking out from location of A TM's.