HomeMy WebLinkAbout1243ORDINANCE NO. 1243 (1993 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADDING CHAPTER 9.06 TO
THE MUNICIPAL CODE PERTAINING TO
PROHIBITION ON AGGRESSIVE SOLICITING
BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Title 9 of the San Luis Obispo Municipal Code is
amended by adding a new chapter, Chapter 9.06, which reads as
follows:
9.06.010 Definitions.
A. GENERAL DEFINITION. For the purpose of this ordinance, an
individual (solicitor) coerces, threatens, hounds, or intimidates
another (solicitee) when:
1. The solicitor's conduct would cause a reasonable
person in the position of the solicitee to fear for his or her
safety; or
2. The solicitor intentionally blocks the path of the
solicitee; or
3. The solicitor persists in following the solicitee
closely, while the solicitor continues to demand money or other
thing of value, after the solicitee has informed the solicitor by
words or conduct that the solicitee does not want to give money or
other thing of value to the solicitor to which the person demanding
payment is not entitled under law.
B. "SOLICIT" means to ask for money or goods as a charity,
whether by words, bodily gestures, signs or other means.
C. "SOLICITOR" is one who solicits as defined in Section
9.06.010(B).
n
D. "FEAR FOR SAFETY" defined. The following facts, among
others, may be considered in deciding whether a reasonable person
would be caused to fear for his or her safety.
1. The occurrence of threatening gestures or other
threatening conduct of the solicitor, including following the
solicitee.
2. The proximity of the solicitor to the solicitee and
the duration of the solicitation.
3. The making of physical contact with the solicitee.
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E. "INTENTIONALLY BLOCK" means to walk, stand, sit, lie or
place an object in such a manner as to block passage by another
person or a vehicle or to require another person or driver of a
vehicle to take evasive action to avoid physical contact.
9.06.020 Prohibition of Aggressive Soliciting.
It shall be unlawful for any person on the streets, sidewalks,
or other places open to the public, whether publicly or privately
owned, to intentionally coerce, threaten, hound, or intimidate
another person for the purpose of soliciting alms.
9.06.030 Demand for Services.
This ordinance is not intended to proscribe any demand for
payment for services rendered or goods delivered.
9.06.040 Free Speech.
This ordinance is not intended to restrict the exercise of
protected free speech.
9.06.050 Violation -- Penalty.
Any person who violates any provision of this Chapter is
guilty of an infraction and is subject to punishment as provided
for in Chapter 1.12 of this code.
A summary of this ordinance, approved by the City Attorney,
together with the ayes and noes, shall be published at least five
(5) days prior to its final passage in the Telegram- Tribune, a
newspaper published and circulated in this City, and the same shall
go into effect at the expiration of thirty (30) days after its
final .passage. A copy of the full text of this ordinance is on
file in the office of the City Clerk on and after the date
following introduction and passage to print and shall be available
to any interested member,of the public.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 20th day of July ,
1993, on motion of Council Member Rappa , seconded by
Council- .;Member Romero and on the following roll call
vote:
AYES: Council Members Rappa, Romero, Roalman, Settle and.Mayor Pinard
NOES: None
ABSENT: None
Mayor Pe Pinard
ATTEST:
i-ne Gla welly, City Clerk
Ordinance No. 1243 (1993 Series)
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Ordinance No. 1243 (1993 Series)
FINALLY PASSED this 3rd day of August ,
1993 on motion of Council Member Rappa ,
seconded by Council Member Settle , and on the following roll
call vote:
AYES: Council Members Rappa, Settle, Roalman, and Mayor Pinard
NOES: None
ABSENT: Council Member Romero
Mayor Pei Pinard
ATTEST:
VA