HomeMy WebLinkAbout19 ORD - SOLICITATION CODE AMEND 02-05-07AGENDA REPORT
MEETING DATE: FEBRUARY 5,2007
TO: WILLIAM HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ORDINANCE SECOND READING - ORDINANCE NO. 1328 -
SOLICITATION ORDINANCE
SUMMARY:
In response to an increased number of calls for service regarding individuals soliciting
adjacent to A TMs located in various markets within the City, the Police Department has
proposed an ordinance regulating aggressive solicitations and prohibiting all
solicitations in certain areas.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1328 (roll call vote).
FISCAL IMPACT:
None.
BACKGROUND:
On January 15, 2007, the City Council had first reading by title only and introduction of
the following Ordinance:
ORDINANCE NO. 1328 - 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
Maria R. Huizar,
Chief Deputy City Clerk
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
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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;
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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 ~he sale of goods or services.
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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 ATMs. 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.
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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
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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:
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