HomeMy WebLinkAboutCC ORD 2010-2338 Amend Title 10 Aggressive SolicitationORDINANCE NO. 2010 — 2338
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 10.15 PERTAINING TO AGGRESSIVE SOLICITATION
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. Title 10 of the National City Municipal Code is hereby amended, by
adding Chapter 10.15 to read as follows:
Chapter
AGGRESSIVE SOLICITATION
Sections:
10.15.010 Definitions.
10.15.020 Aggressive solicitation prohibited.
10.15.030 All solicitation prohibited at specified locations.
10.15.040 Penalty.
10.15.050 Severability.
10.15.060 Non -exclusivity.
10.15.010 Definitions. For purposes of this section:
A. "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.
B. "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.
10.15.020 Aggressive solicitation prohibited.
A. No person shall solicit, ask or beg in an aggressive manner in any public place.
B. "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 io-0)fearbodily 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
6. Using profane, offensive or abusive language which is inherently likely to
provoke an immediate violent reaction, either before, during, or after solicitation.
10.15.030 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.
Definitions. For purposes of this section:
1. "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.
2. "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.
3. "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.
4. "Check Cashing Business" means any person duly licensed as a check
seller, bill payer, or pro -rater pursuant to Division 3 of the California Financial Code,
commencing with section 12000.
5. "Automated Teller Machine" shall mean any electronic information
processing device which accepts or dispenses cash in connection with a credit, deposit, or
convenience account.
6. "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.
B. Exemptions. The provisions of subdivision A 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.
C. 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.
1. Exemptions. Subdivision C 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.
Ordinance 2010 - 2338 2 Aggressive Solicitation
D. 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 ten 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 Pen. Code, § 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 subdivision
(c)(3)(B)(i), above.
c. Subdivision C.2. shall not apply to 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 subdivision C.2.a.
E. 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. They remain 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 subdivision
D.1., above.
3. Subdivision D shall not apply to 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 subdivision D.1.
10.15.040 Penalty.
A. A violation of any provision of this Chapter or a failure to comply with any
mandatory requirements of this Chapter is subject to prosecution in accordance with Title 1 of
the National City Municipal Code and may be enforced through injunctive relief or other relief
available by law. Penalties for violations of the provisions of this Chapter may result in up to a
misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and
a $1,000 fine.
B. Administering departments are authorized to charge cost recovery fees for
services provided under this Chapter. Cost recovery fees may also be recovered for equipment
and personnel expenses incurred. Said fees may be established from time to time by resolution
of the City Council.
10.15.050 Severability. 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
Ordinance 2010 - 2338 3 Aggressive Solicitation
affect the validity of the remainder of this Chapter, or the validity of its application to other
persons or circumstances.
10.15.060 Non -exclusivity. Nothing in this Chapter shall limit or preclude the enforcement
of other applicable laws.
PASSED and ADOPTED this 20th day of April, 2010.
n Morrison, Mayor
ATTEST:
d
C
4
ch el R. Della,
Mi
it y
Clerk
APPROVED AS TO FORM:
6
George H. Eiser, III
City Attorney
Ordinance 2010 - 2338 4 Aggressive Solicitation
Passed and adopted by the Council of the City of National City, California, on April 20,
2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
City CIrk of the City of ational City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on April 6, 2010 and on April 20, 2010.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2010-2338 of the City Council of the City of National City, passed
and adopted by the Council of said City on April 20, 2010.
City Clerk of the City of National City, California
By:
Deputy