HomeMy WebLinkAboutAgenda Report - January 3, 2007 L-03AGENDA IATEM LOO 3
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COLINCIL COMMUNICATION
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AGENDATITLE: Introduce Ordinance Amending Lodi Municipal Code Title 9, Public Peace,
Morals and Welfare, adding Chapter 9.15 entitled "Prohibition Against Certain
Forms of Aggressive Solicitation,
MEETING DATE: January 3, 2007
PRgrAY; City Atornev's Off _
RECOMhONDED ACTION: Introduce Ordinance Amending Lodi Municipal Code Title 9, Public Peace,
Morals and Welfare, adding Chapter 9.15 entitled "Prohibition Against
Certain Forms of Aggressive Solicitation.
BACKGFIGUNID INFORMATION: Based on citizen complaints and concerns raised by the Police
Department, the City Attorney's office has drafted the proposed ordinance
to protect the safety of the general public against certain abusive conduct
of persons engaged in solicitation by imposing reasonable time, place, and manner restrictions on solicitation while
respecting the constitutional rights of free speech for all citizens.
Aggressive solicitation within the City is extremely disturbing and disruptive to residents and businesses and
contributes not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear,
intimidation, and disorder. Aggressive panhandling usually includes approaching or following pedestrians, the use
of abusive language, unwanted physical contact, or the intentional blocking of pedestrians and vehicular traffic.
The presence of individuals who solicit money from persons at or near banks or automated teller machines is
especially threatening and dangerous. Motorists also find themselves confronted by persons at traffic intersections,
which presents a serious risk to public safety. People driving or parking on City streets frequently find themselves
faced with panhandlers seeking money. Such activity often carries with it an implicit threat to both person and
property.
The solicdation of people in places where they are a "captive audience" in which it is impossible or difficult for them
to exercise their own rights to decline to listen to or to avoid solicitation from others is also abusive. Such places
include buses, parking lots, and structures; and indoor and outdoor dining areas. Restricting solicitation in such
places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid
such solicitations, and will help avoid or diminish the threat of violence which may result from such unwarranted
and unavoidable confrontations.
The proposed ordinance is timely and appropriate, because current laws and City regulations are insufficient to
address the above -referenced problems. The restrictions contained in the proposed ordinance are neither overly -
broad or vague and are narrowly tailored to serve a substantial governmental interest. The goal of the proposed
ordinance is to protect citizens from the fear and intimidation that accompanies certain kinds of solicitation that has
become an unwelcome presence within the City.
FISCAL ItAPACT: None.
cc: Jerry Adams, Police Chief
Captain David Main
Sgt. Tod Patterson
APPROVED:
King, City
ni D. Magdich, Daphity City AffoYhey
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI AMENDING LODI MUNICIPAL CODE, TITLE 9 -
PUBLIC PEACE, MORALS, AND WELFARE - TO ADD CHAPTER
9.15, "PROHIBITION AGAINST CERTAIN FORMS OF
AGGRESSIVE SOLICITATION"
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 9, "Public Peace, Morals and Welfare", is
hereby amended by adding Chapter 9.15, "Prohibition Against Certain Forms of
Aggressive Solicitation" to read as follows:
Chapter 9.15 Prohibition Against Certain Forms of Aggressive Solicitation
Section 9.15.010 Definitions
Section 9.15.020 Certain Aggressive Solicitation Prohibited
Section 9.15.030 All Solicitation Prohibited at Specified Locations
Section 9.15.040 Penalty
For purposes of this chapter:
A. "Public place" means 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.
B. "Solicit, ask or beg" means 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.
9.15.020 Aggressive Solicitation Prohibited.
A. No person shall solicit ask or beg in an aggressive manner in any public place.
B. "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 (i) fear bodily harm to oneself or to another, damage to or loss of
property, or (ii) 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;
J:ADMI N/CITY/ORDINANCE/ FinalAggressiveSolicitationOrdinance.doc
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
solicited has been solicited and informed the solicitor by words of 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;
6. Using profane, offensive or abusive language which is inherently likely to
provoke an immediate violent reaction, either before, during, or after solicitation; or
7. 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.
9.15.030 All Solicitation Prohibited at Specified Locations.
All solicitation shall be prohibited at the following specified locations:
A Banks and ATMs. No person shall solicit ask or beg within fifteen 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 fifteen 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 paragraph shall be construed to prohibit the lawful
vending of goods and services within such areas.
1. Definitions. For purposes of this section:
a. "Automated teller machine" shall mean any electronic information
processing device which accepts or dispenses cash in connection with a credit
deposit or convenience account.
b. "Automated teller machine facility" shall mean 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.
C. "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.
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. "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.
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f. "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.
2. Exemptions. The provisions of Section 9.15.030(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 solicit, ask or beg from an operator or
occupant of a motor vehicle while such vehicle is located with one hundred feet of any
intersection that is controlled by an official traffic signal of the type set forth in Vehicle
Code Section 21450. No person shall approach an operator or occupant of a motor
vehicle for the purpose of soliciting, asking or begging while such vehicle is in a 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. Section 9.15.030(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 solicitations related to the lawful towing of a vehicle; or
c. To solicitations related to emergency repairs requested by the operator
or other occupant of a vehicle.
C. Public Transportation Vehicles and Stops.
1. Any person who solicits, asks or begs in any public transportation
vehicle, or within ten feet of any designated or posted public transportation vehicle stop,
is guilty of a violation of this section if:
a. He or she remains there after being asked to leave by the owner,
driver, or operator of a public transportation vehicle; the agent of
the owner, driver or operator of a public transportation vehicle; the
owner or manager d a public transportation facility; the agent of
the owner or manager of a public transportation facility; a member
of a security force employed by the public transportation
facility; or by a peace officer, as defined in Chapter 4.5 of Title 3 of
the California Penal Code (commencing with Pen. Code, § 830);
or
b. Within the immediately preceding thirty days, he or she engaged
in a solicitation at that location and had been asked to leave by a
person specified in Section 9.15.030(C)(1)(a), above.
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C. Section 9.15.030(C)(1)(a) is not violated if a person who has been
requested to leave enters the property within the immediately
preceding thirty days and solicits, asks, or begs with the express
authorization of a person specified in Section 9.15.030(C)(1)(a).
2. For purposes of this section "public transportation vehicle" shall mean
any vehicle, including a trailer bus, designed, used or maintained for carrying ten or
more persons, including the driver; or a passenger vehicle designed for carrying fewer
than ten persons, including the driver, and used to carry passengers for hire.
D. Restaurants. Any person who solicits, asks, or begs in any outdoor or indoor
dining area of a restaurant or other establishment serving food for immediate
consumption is guilty of a violation of this section if:
1. He or she remains there after being asked to leave by the owner,
manager or supervisor of the restaurant or other food establishment; the agent of the
owner, manager or supervisor of the restaurant; a member of a security force employed
by the restaurant; or by a peace officer, as defined in Chapter 4.5 of Title 3 of the
California Penal Code (commencing with Pen. Code, § 830), acting at the request of any
of the persons specified in this subdivision; or
2. Within the immediately preceding thirty days, he or she engaged in a
solicitation at that location and had been asked to leave by a person specified in Section
9.15.030(D)(1), above.
3. Section 9.15.030(D)(1) is not violated if a person who has been requested
to leave enters the property within the immediately preceding thirty days and solicits,
asks, or begs with the express authorization of a person specified in Section
9.15.030(D)(1).
9.15.040 Penalty
A violation of this chapter is punishable as a misdemeanor.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
M
SECTION 5. This ordinance shall be published one time in the "Lodi News -Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi and shall
take effect thirty days from and after its passage and approval.
Approved this day of , 2007
BOBJOHNSON
Mayor
Attest:
RANDI JOHL
City Clerk
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State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
was introduced at a regular meeting of the City Council of the City of Lodi held
January 3, 2007, and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held , 2007, by the following vote:
AYES: COUNCIL MEMBERS —
NOES; COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
L --A
Janice D. Magdich
Deputy City Attorney
RANDI JOHL
City Clerk
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LODI P94o.1
1] 0 1 m
01% "MI, ;
ENT'
Aggressive Soli�itor§, Ordinance
Sgt. Tod Pott&\son
LIN
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SITUATION
■ Over the last several months t ofoom
Lodi has been inundaps0"
roof very
aggressive solicitors a d sianatuxe /
gatherers.
■ They are more brazE
seen in the past an
to police, store em I
than any we have/
er� confrontational
reeandritii4ens.
L141
0
SITUATION ~ CONTINUED
■ Little enforcement options affo
enforcement by the s4wwwilegm
■ Personally responded
calls for service
■ Other patrol staff ha�
more calls for service
over thirty such
ndled countless
■ Numerous irritated/citizen`�
employees for law, en orce
to correct the sitati ,n
a ne�,i
lent' inabi
L141
0
ty
STAKEHOLDERS
■ Albertsons
■ Kmart
■ Target
■ Lowes
■ Food 4 Less
. Walmart
■ Lodi Citizens
■ Retail Patrons
RESEARCH
■ Reviewed ordinances from tw
neighboring cities exp ng filar
problems t
. Modesto
• Stockton
J
LIN
RESOLUTION
I believe that by enacting the r
ordinance would provide
officers to address futur
op got M�br
similar problems.
J
LdIO 3
f. "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.
2. Exemptions. The provisions of Section 9.15.030(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 solicit, ask, or beg from an operator or
occupant of a motor vehicle while such vehicle is located with one hundred feet of any
intersection that is controlled by an official traffic signal of the type set forth in Vehicle
Code Section 21450, finless such person has received training in accordance with
the Work Area Traffic Control Handbook ("WATCH") and evidence of such training
is on file with the City of Lodi. No person shall approach an operator or occupant of a
motor vehicle for the purpose of soliciting, asking, or begging while such vehicle is in a
public place, unless such person has received training in accordance with the
Work Area Traffic Control Handbook ("WATCH") and evidence of such training is
on fife with the City of Lodi.
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. Section 9.15.030(8) 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 so4icitations related to the lawful towing of a vehicle; or
c. To solicitations related to emergency repairs requested by the operator
or other occupant of a vehicle.
C, Public Transportation Vehicles and Stops.
1. Any person who solicits, asks, or begs in any public transportation
vehicle, or within ten feet of any designated or posted public transportation vehicle stop,
is guilty of a violation of this section if:
a. He or she remains there after being asked to leave by the owner,
driver, or operator of a public transportation vehicle; the agent of
the owner, driver, or operator of a public transportation vehicle;
the owner or manager of a public transportation facility; the agent
of the owner or manager of a public transportation facility; a
member of a security force employed by the public transportation
facility; or by a peace officer, as defined in Chapter 4.5 of Title 3 of
the California Penal Code (commencing with Pen. Code, § 830);
or
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