HomeMy WebLinkAbout07/20/1993, 6 - PROHIBITION ON AGGRESSIVE SOLICITING °�h'��►mll�l��p �� city of san tins oiaispo -
COUNCIL AGENDA REPORT
FROM: James M. Gardiner-'�a
Chief of Police
SUBJECT: Prohibition on aggressive soliciting
CAO RECOMMENDATION:
Introduce to print an ordinance to add Chapter 9.06 to the Municipal Code prohibiting
aggressive soliciting.
BACKGROUND:
As the City and County have tried to cope with the pressures brought about by the current fiscal
pressures at the state level, we have seen increasing numbers of displaced people in our
community. Many of these people have resorted to the practice of "pan handling" - asking
passers-by for money. Up until several years ago, this practice was a misdemeanor violation of
the California State Penal Code. However, the State Supreme Court struck down this section as
a violation of free speech and rendered it unenforceable. They did leave open, however, the
provision for local entities to adopt their own ordinances to cover "aggressive" soliciting.
DISCUSSION:
In recent months we have had increasing complaints regarding the "aggressive" conduct of
persons who are soliciting money from others in our community. This appears to be the direct
result of the loss of the former Penal Code section. This conduct has become increasingly
disruptive in the downtown and in Mission Plaza. It has had a negative impact on local business,
visitors, and community members. While other disruptive conduct has also been present, the
single most flagrant problem has been people who are being "accosted" by those seeking money.
With assistance from the City Attorney, we looked to other communities who have been having
similar problems. Using a model from Santa Barbara, the City Attorney has developed an
ordinance which provides us with a tool to deal with these aggravated cases. While the number
of actual cases in which we,may use the ordinance may be limited, the fact that the ordinance is
present should deter some of the more egregious violators. In talking with Santa Barbara
officials, they have found-,that the ordinance has been effective in helping to control chronic
violators. They were also quick to point out that it will not solve the entire problem. They still
must maintain a visible police presence and utilize other community resources to deal with the
attendant problems.
If the ordinance is adopted, we would closely follow the recommendations of the City Attorney
and only take enforcement action in clearly aggravated or aggressive instances.
FISCAL IMPACT:
There should be no significant fiscal impact with the adoption of this ordinance.
City Of San LUIS OBISPO
Hj& COUNCIL AGENDA REPORT
CONCURRENCES:
The City Attorney concurs with the adoption of the ordinance with the listed enforcement
caveats.
ALTERNATIVES:
■ Do not adopt the ordinance. We would continue to try-and deal with the existing
problems with the current options available to the Department.
Attachment(s):
1. Ordinance
G-�
ORDINANCE NO. (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) .
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.
Ordinance No. (1993 Series)
Page Two
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
own6d, 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 day of ,
1993, on motion of , . seconded by
and on the following roll call
vote:
AYES:
NOES:
ABSENT:
Mayor Peg Pinard
ATTEST:
Diane Gladwell, City Clerk
6-A/
Ordinance No:'"' "'• `" '1993 Series)
Page Three