HomeMy WebLinkAboutOrdinances_2747_CCv0001.pdf ORDINANCE NO. 2747
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 9.10
TO THE REDLANDS MUNICIPAL CODE TO REGULATE AND PROHIBIT
FORMS OF AGGRESSIVE SOLICITATION
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 9.10, entitled "Prohibition Against Aggressive Solicitation," is
hereby added to the Redlands Municipal Code to read as follows:
"CHAPTER 9.10
PROHIBITION AGAINST AGGRESSIVE SOLICITATION
9.10.010 Purpose
9.10.020 Definitions
9.10.030 Aggressive Solicitation Prohibited
9.10.040 Solicitation Prohibited at Specified Locations
9.10.050 Violations
9.10.060 Non-Exclusivity
9.10.010 Purpose: In order to protect and promote the rights of the general public to be
free from inappropriate conduct and from the potential physical confrontations sometimes
associated with panhandling, the City Council of the City of Redlands finds that there is a need
to adopt regulations which impose reasonable and specific time, place, and manner limitations on
those forms of inappropriate and unlawful conduct which may be associated with aggressive
panhandling. At the same time,the City Council seeks to properly and duly recognize, as well as
fully protect to the full extent possible, the First Amendment free speech rights of all concerned.
9.10.020 Definitions: For purposes of this Chapter the following words and phrases shall
have the meanings ascribed to them:
A. `Solicit, ask or beg' shall mean 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 and 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.
9.10.030: Aggressive Solicitation Prohibited. No person shall solicit, ask or beg in any
aggressive manner in any public place. `Aggressive manner' shall mean any of the following:
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A. 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:
(1) fear bodily harm to oneself or to another, damage to or loss of property, or
(2) otherwise be intimidated into giving money or other thing of value;
B. Intentionally touching or causing physical contact with another person or an occupied
vehicle without that person's consent to the course of soliciting, asking, or begging;
C. 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;
D. Using violent or threatening gestures toward a person solicited either before, during
or after soliciting, asking, or begging;
E. 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
F. Using profane, offensive, or abusive language which is inherently likely to provoke an
immediate violent reaction, either before, during, or after solicitation.
9.10.040: 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 section shall be construed to
prohibit the lawful vending of goods and services within such areas.
(1) Definitions. For purposes of this section:
(a) `.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.
(b) `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.
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(c) `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.
(d) `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.
(e) `Automated teller machine' means any electronic information processing
devise which accepts or dispenses cash in connection with a credit, deposit, or
convenience account.
(f) `Automated teller machine facility' means 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.
(2) Exemptions. The provisions of this Subsection 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.
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. "After dark" means any time from one-half hour after
sunset to one-half hour before sunrise.
(3) Exemptions. The provisions of this Subsection B 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 solicitation related to the lawful towing of a vehicle; or,
(c) to solicitation related to emergency repairs requested by the operator or
other occupant of a vehicle.
9.10.050: Violations; Penalty. A violation of this Chapter is punishable as a
misdemeanor or infraction,chargeable at the City Attorney's discretion.
9.10.060: Non-Exclusivity. Nothing in this Chapter shall limit or preclude the
enforcement of other applicable laws by the City."
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Section 2. Severability. The provisions of this Ordinance are declared to be separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this Ordinance, or the invalidity of the application thereof to any person or circumstance shall
not affect the validity of the remainder of this Ordinance, or the validity of its application to
other person or circumstances.
Section 3. Certification. The City Clerk shall certify to the adoption of this
ordinance and cause it, or a summary of it, to be published once in the Redlands Daily Facts, a
newspaper of general circulation printed and published in this City.
,a i�
Pete Aguilar, Mayor
ATTEST:
Sam lrwir, City Cl
I, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the forgoing ordinance was
duly adopted by the City Council at a regular meeting thereof held on the 17th day of May, 2011,
by the following vote:
AYES: Councilmembers Harrison, Bean, Foster, Gardner; Mayor Aguilar
NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin, Cit ler
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