HomeMy WebLinkAbout0009_4_Aggressive Solicitation - Exhibit C Solicitation Municipal Codes from Other CitiesORDINANCE NO. 2017- _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA, ADDING CHAPTER 11.08 TO THE
MENIFEE MUNICIPAL CODE PROHIBITING CERTAIN FORMS OF
SOLICITATION
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1 A new Chapter 11.08 prohibiting certain forms of solicitation in the City is hereby
added to the Menifee Municipal Code to read in its entirety as follows:
“Chapter 11.08: PROHIBITION AGAINST CERTAIN FORMS OF SOLICITATION
Section
11.08.010 Findings
11.08.020 Definitions
11.08.030 Solicitations Prohibited at Specific Locations
11.08.040 Aggressive Solicitations Prohibited
11.08.050 Exemptions
11.08.060 Penalties
§ 11.08.010 FINDINGS.
For purposes of this Chapter, the City Council finds as follows:
(A) The City Council finds “aggressive solicitation” is unsafe and disruptive to
persons in the City of Menifee and is a threat to public health, safety, and general
welfare.
(B) The City Council finds that solicitation at banks, automatic teller machines and
check cashing businesses, from persons in vehicles, in parking lots after dark, in
public transportation vehicles, at gasoline stations and fuel pumps, in driveways,
on median strips and freeway ramps, in City parks, on landscaped
parkways/trails, and at dining establishments that subjects persons in the City of
Menifee to danger. Soliciting from persons in vehicles results in the congestion of
public streets and can lead to distracted drivers causing accidents constituting a
danger to pedestrian and vehicular traffic safety. The City Council further finds
that soliciting from people in locations where it is difficult to avoid the solicitation
makes persons who will commonly be carrying money on their persons
vulnerable to intimidation and such solicitation detracts from the rights of persons
in the City to quietly enjoy public facilities.
(C) The restrictions of this section are content neutral and are narrowly tailored to
serve a significant governmental interest but still provide alternatives avenues of
communication. The reasonable time, place, manner restrictions of this section
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avoid the negative effects of aggressive solicitation and solicitation in unsafe
places and will not unreasonably restrict free speech of people engaged in
solicitation.
§ 11.08.020 DEFINITIONS.
For purposes of this Chapter, the following shall apply:
(A) Solicit, Ask, or Beg. 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. A place to which the public or a substantial group of persons has
access, and includes, but is not limited to, any street, the right -of-way of any
freeway, including any on ramp, off ramp, or roadway shoulder which lies within
the right-of-way of the freeway, highway, sidewalk, median, parking lot, plaza,
transportation facility, school, place of amusement, park, improved trail,
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.
§ 11.08.030 SOLICITATIONS PROHIBITED AT SPECIFIC LOCATIONS.
(A) Financial Institutions and Automated Teller Machines (ATMs). No person
shall solicit within 25 feet of any entrance or exit of any financial institution during
its business hours or within 25 feet of any automated teller machine during the
time it is available for customers’ use. When an automated teller machine is
located within an ATM facility, such distance shall be measured from the
entrance or exit of the ATM facility. No person shall solicit within an ATM 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.
(B) Parking Lots and Parking Structures. No person shall solicit in any public
parking lot or structure any time.
(C) Public Transportation Vehicles and Stops. No person shall solicit in any public
transportation vehicle or within 50 feet of any designated or posted public
transportation vehicle stop.
(D) Gasoline Stations and Fuel Pumps. No person shall solicit from an operator or
occupant of a motor vehicle while such vehicle is stopped in a gasoline station or
at a fuel pump.
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(E) Driveways Accessing Shopping Center, Retail and Business
Establishments. No person shall solicit from an operator or occupant traveling in
a motor vehicle while such vehicle is located within 25 feet of a driveway
providing vehicular access to a shopping center, retail or business establishment.
(F) Medians/Parkways.
(1) No person shall linger on a median or parkway.
(2) No person shall loiter on a median or parkway.
(3) No person shall solicit upon any median or parkway or in any manner or
location that is inconsistent with the provisions of the California Vehicle
Code.
(G) Dining Establishments. No person shall solicit in any outdoor dining area of any
restaurant or other dining establishment serving food for immediate consumption.
(H) Parks and Trails. No person shall solicit in any public park or improved public
trail at any time.
§ 11.08.040 AGGRESSIVE SOLICITATIONS PROHIBITED.
(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:
a. Fear bodily harm to oneself or to another;
b. Damage to or loss of property; or
c. 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
being 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) No person shall solicit in an aggressive manner (as defined in Section
11.08.040(A)) in any public place.
§ 11.08.050 EXEMPTIONS.
The provisions of Chapter 11.08 shall not be construed to prohibit:
(A) The right to exercise protected free speech;
(B) The lawful vending of goods and services;
(C) Solicitations related to business authorized by or conducted by the property
owner, business owner, or employees thereof on the premises;
(D) Solicitations related to the lawful towing of a vehicle; or
(E) Solicitations related to emergency repairs requested by the operator or other
occupant of a motor vehicle.
§ 11.08.060 PENALTIES
(A) Misdemeanor. Any person who violates Sections 11.08.030 and 11.08.040 of
this chapter shall be guilty of a misdemeanor as provided in Chapter 1.01 of the
Menifee Municipal Code.
(B) Administrative Citations. Any person who violates 11.08.030 or 11.08.040 of
this chapter shall be guilty of violating the City of Menifee Municipal Code and
may be issued an administrative citation and be subject to the applicable
punishments pursuant to Chapter 1.03 of the Menifee Municipal Code.
(C) Non-exclusivity. Nothing in this Chapter shall limit or preclude the enforcement
of any other applicable laws or remedies available for violations of this Chapter. “
Section 2. If any section, subsection, sentence or clause of this ordinance is, for any
reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordin ance.
Section 3. The adoption of this ordinance is not a “project” subject to the
requirements of the California Environmental Quality Act (CEQA). Pursuant to CEQA
Guidelines section 15378(b)(4) the regulation is not a project within the meaning of
CEQA because it establishes a prohibition that does not involve any commitment to any
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specific project that may result in a potentially significant impact on the environment and
therefore CEQA review is not required.
Section 4. This Ordinance shall take effect and be in full force and operation thirty
(30) days after its adoption.
Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance,
and shall cause the same to be published within fifteen (15) days after passage in
accordance with law, and shall cause this Ordinance and its certification to be entered in
the Book of Ordinances of the City of Menifee.
PASSED, APPROVED AND ADOPTED this 17th day of May, 2017, by the following vote:
_______________________________
Neil R. Winter, Mayor
Attest:
_________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_________________________
Jeffrey T. Melching, City Attorney
Chapter 5.08
SOLICITING
Sections:
5.08.010 Definitions.
5.08.020 Solicitation within the City of Riverside is Unlawful where Posted or
otherwise Communicated to the Solicitor.
5.08.030 General Restrictions regarding Solicitation.
5.08.040 Time Restrictions on Solicitation.
5.08.050 Solicitation Prohibited in City-owned Buildings and Pedestrian Mall.
5.08.060 Solicitation Provisions are Nonexclusive.
Section 5.08.010 Definitions.
Unless it is apparent from the context that another meaning is intended, the following
words, when used herein, shall have the meaning ascribed to them by this Section:
"Person" means an individual, group, firm, copartnership, corporation, company,
association, church, religious sect, religious denomination, society, organization or league;
"Private property" means a privately owned building, either a residence or commercial
enterprise;
"Solicit" or "solicitation" means to request, directly or indirectly, money, property,
including discarded household furnishings, newspapers, magazines, castoff materials, or
financial assistance of any kind, including donations or pledges of donations, or to sell, to offer
for sale or to exhibit any thing or object whatever to raise money, including any article, tag,
service, emblem, publication, ticket, advertisement or subscription; or to secure or attempt to
secure money or donations or other property by promoting any bazaar, sale, dance, card party,
supper or entertainment, whether any of such acts occur on the streets, in any office or public
building, by house-to-house canvass or in any public or private place by personal solicitation.
(Ord. 6898 § 1, 2006; Prior code § 21.65)
Section 5.08.020 Solicitation within the City of Riverside is Unlawful where Posted or
otherwise Communicated to the Solicitor.
(a) No person shall engage in solicitation activity upon any private property after having
been asked to leave such property by the owner or occupant of the property.
(b) Unless invited by the legal occupants or owners of the private property, it shall be
unlawful for any such person to engage in solicitation upon the private premises or residence or
business located thereon if such premises or residence is posted with notice prohibiting
solicitation, prominently displayed upon which is printed:
"SOLICITING AT THIS LOCATION IS A VIOLATION OF LAW"
For purposes of the preceding sentence, a private property, either residence or
business, shall be deemed to be posted prohibiting solicitation if there is exhibited, on or near
the main entrance to the property or on the main door to any structure located thereon, a sign
conspicuously posted, which bears the above wording or similar wording restricting or
prohibiting solicitation on the premises. (Ord. 6898 § 1, 2006; Prior code § 21.66)
Section 5.08.030 General Restrictions regarding Solicitation.
(a) No person who engages in solicitation shall use a plan, scheme or ruse or make any
statement which indicates or implies that the purpose of the solicitation is other than to obtain
orders or to make sales of goods or services.
(b) No person who engages in solicitation shall misrepresent the right of a buyer to
rescind or cancel a sale under the provisions of applicable law.
(c) No person who engages in solicitation shall solicit by shouting or by using any sound
device in connection with soliciting, including bells or amplifying system.
(d) No person who engages in solicitation shall step onto or over the threshold of a
doorway of a residence unless invited to do so by the occupant or place hands, legs or any
portion of the solicitor's body in the doorway so that it reasonably appears that the door may not
be closed, unless allowed to do so by the occupant.
(e) It shall be unlawful to make false statements or misrepresentations about the
purpose of the solicitation. (Ord. 6898 § 1, 2006; Prior code § 21.67)
Section 5.08.040 Time Restrictions on Solicitation.
No person shall engage in any form of door to door solicitation before 8 am or after
9 pm. Further, it shall be unlawful for any person to engage in solicitation at any time of day if
such time of day is clearly posted on the "no soliciting" sign posted pursuant to the sections of
this Code. (Ord. 7341 § 4, 2016; Ord. 7229 § 7, 2013; Ord. 6898 § 1, 2006; Prior code § 2.68)
Section 5.08.050 Solicitation Prohibited in City-owned Buildings and Pedestrian Mall.
(a) Notwithstanding any other provisions of the Chapter, it is unlawful for any person
to solicit or sell or offer for sale, by taking orders, subscriptions, direct sales or any other
method, any merchandise or printed matter within any building owned by the City or the
Pedestrian Mall. Nothing in this Section shall prohibit solicitation or direct sales by any person
permitted to engage in such activities pursuant to a lease or rental agreement or a permit issued
by the City.
(b) The Pedestrian Mall is defined as:
Main Street between the southerly line of Sixth Street and the northerly line of Tenth
Street but excluding from the mall the intersections of Main Street with Mission Inn Avenue
(formerly known as Seventh Street), University Avenue (formerly known as Eighth Street) and
excluding from the mall Ninth Street. This area will be commonly known as part of “Main Street
Riverside.” (Ord. 7356 § 1, 2016; Ord. 6898 § 1, 2006; Prior code § 21.69)
Section 5.08.060 Solicitation Provisions are Nonexclusive.
Nothing in this Chapter shall be construed as to replace or eliminate any of the
provisions or requirements of Title 5 of the Riverside Municipal Code requiring business
licenses. (Ord. 6898 § 1, 2006; Prior code § 21.70)