HomeMy WebLinkAboutSolicitation Municipal CodesAggressive Solicitation
Public Safety Advisory Commission
July 19, 2017
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Existing Municipal Codes
Regulation of Solicitation (Chapter 8.13)
Vehicle Solicitation (Chapter 10.72)
Camping on Private Property (Chapter 8.70)
Shopping Carts (Chapter 8.38)
Parks and Beaches (Chapter 8.40)
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Regulation of Solicitation
PURPOSE:
Protect citizens from the fear and intimidation accompanying certain kinds of solicitation, to promote tourism and business, and to preserve the quality of urban life while providing
same and appropriate venues for constitutionally protected activity.
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Regulation of Solicitation - Key Regulations
No Solicitation by Coercion
Coercion is defined as:
Approach or speak to a person in a way that could cause a reasonable person to believe they are being threatened with imminent bodily injury or the commission of a criminal act upon
the person or another person or upon property in person’s possession.
To persist after person being solicited is given negative response.
To block the passage of the solicited person.
To engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands.
To use violent or threatening gestures toward a person.
Willfully providing or delivering, or attempting to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return.
To use profane, offensive, or abusive language, which is inherently likely to provoke an immediate violent reaction.
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Regulation of Solicitation - Key Regulations
No Solicitation with 15 Feet:
Automated Teller Machine (ATM)
Entrance of a building unless permission from owner or occupant
Exterior Public Pay Phone
Self-Service Fuel Pump
Public Transportation Stop
Parked Vehicle as occupant enters or exits vehicle
No Solicitation of Another Person:
After sunset or before sunrise
In any public transportation facility or vehicle
By approaching an operator or occupant of a vehicle while located in public roadway
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Vehicle Solicitation
DEFINITION OF SOLICITATION:
Any request, offer, enticement, or action which announces the availability for or of employment, the sale of goods, or other request for funds, or any request, offer, enticement or action
which seeks to purchase or secure goods or employment, or to make a contribution of money or other property. As defined herein, a solicitation shall be deemed complete when made whether
or not an actual employment relationship is created, or a transaction is completed or an exchange of money takes place.
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Vehicle Solicitation – Key Regulations
No Solicitation in Public Right-of-Ways
While standing in any portion of ROW including streets, highways, sidewalks and driveways to solicit from any person traveling in a vehicle along a public right-of-way.
While in the vehicle to solicit from a person who is in the public right-of-way.
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Vehicle Solicitation – Key Regulations
No Solicitation in Unauthorized Locations Within Commercial Parking Areas
No soliciting without permission.
Only applies if owner establishes written policy, submits to City Manager and posts a 18” by 24” Notice with the following:
It is a misdemeanor to engage in the solicitation of employment, business, or contributions of money or other property in areas of this commercial parking lot which are not approved
for such activity by the property owner.
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Amendment Considerations
Legal Restrictions and Guidelines.
Purpose and Definitions.
Combine Regulations
Separate Regulations for Specific Areas of the City, e.g. Main Street/Downtown.
Expand Prohibitions for Medians/Parkways, Dining Establishments, Parks and Trails
Private Property
Parking Area vs. Private Property, Written Policy, Signage, Permission, and Other Provisions to Empower Property Owner.
Loitering and Lingering Considerations
Aggressive Solicitation – While respecting the constitutional rights or of free speech for all citizens
Unsafe and disruptive to people
It is a threat to public health, safety and general welfare.
Vulnerable to Intimidation
Traffic Congestion
Right of People to Quietly Enjoy Public Facilities - improve quality of life, economic vitality,
Definitions – Public Place - AGGRESSIVE
Expand Specific Location
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Recommendation & Next Steps
PSAC to provide amendment suggestions.
Staff to discuss with attorney and present to Homeless Task Force.
PSAC to review and approve proposed amendments – August 2017.
City Council review, approve and adopt – September 2017.
Effective – October 2017.
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