HomeMy WebLinkAbout16-09 CC Ordinance ORDINANCE NO. 16-09
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 9.65, PROHIBITION
AGAINST CERTAIN FORMS OF SOLICITATION,
LINGERING AND LOITERING ON MEDIANS, TO THE
TEMECULA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Enactment of Chapter 9.65. Chapter 9.65, Prohibition against
Certain Forms of Solicitation, Lingering and Loitering on Medians, is hereby added to
Title 9, Peace, Morals and Welfare, of the Temecula Municipal Code to read as follows:
"Chapter 9.65 - PROHIBITION AGAINST CERTAIN FORMS OF
SOLICITATION, LINGERING AND LOITERING ON MEDIANS
Sections:
9.65.010 — Findings.
9.65.020 —Authority and purpose.
9.65.030 — Applicability.
9.65.040 — Definitions.
9.65.050 — Aggressive Solicitations Prohibited.
9.65.060 —All Solicitations prohibited at Specified Locations; Lingering and
Loitering Prohibited on Medians.
9.65.070 — Exemptions.
9.65.080 — Penalty.
9.65.010 — Findings. The City Council hereby finds, determines and declares
that:
(a) Solicitations made in an aggressive manner are unsafe and
disruptive to persons in the City of Temecula and are a threat to public health,
safety, and general welfare. Aggressive solicitations typically include
approaching or following pedestrians, the use of abusive language, unwanted
physical contact, or the intentional blocking of pedestrian and vehicular traffic.
(b) An increase in aggressive solicitation throughout the City has
become extremely disturbing and disruptive to residents and businesses, and
has contributed not only to the loss of access to and enjoyment of public places,
but also to an enhanced sense of fear, intimidation and disorder.
(c) Aggressive solicitation from people in places where they are a
"captive audience" in which it is impossible or difficult for them to exercise their
own right to decline to listen to or to avoid solicitation from others, is problematic,
detracts from the rights of persons in the City to quietly enjoy public facilities and
presents a risk to the health, safety and welfare of the public. Such places
include public transportation vehicles and their designated locations for stops, as
well as gasoline stations.
(d) The presence of individuals who solicit money from persons at or
near banks or automated teller machines is especially threatening and
dangerous. Such activity often carries with it an implicit threat to both person and
property. 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 in such
unwarranted and unavoidable confrontations.
(e) Aggressive solicitation on roadway median strips, at traffic
intersections, and in the public roadway and lingering and loitering on a median
are unsafe and hazardous for solicitors, drivers, pedestrians, and the general
public. Aggressive soliciting on roadway median strips, at traffic intersections,
and in the public roadway increases the risk of drivers becoming distracted from
their primary duty to watch traffic, which may result in automobile accidents,
congestion and blockage of streets, and delay and obstruction of the free flow of
travel, all of which constitute substantial traffic safety problems.
(f) The Council's intent in enacting this Chapter is not to interfere with
' the exercise of First Amendment rights of those engaged in solicitation on
roadway median strips, at traffic intersections, and in the public roadway and
lingering and loitering on the medians, but only to minimize the safety hazards of
those in such areas as well as the drivers and passengers in vehicles near these
areas and in a manner to minimize those safety hazards.
(g) The practice of aggressive solicitation near driveways accessing
shopping centers, retail, and business establishments is unsafe and hazardous
for solicitors, drivers, pedestrians and the general public. The location of the
solicitor near the driveway compromises the solicitor's safety, impedes visibility,
and impairs a driver's ability to safely enter and exit. Drivers also become
distracted from their duty to watch traffic, which may result in automobile
accidents, congestion and blockage of streets, and delay and obstruction of the
free flow of travel, all of which constitute substantial traffic safety problems.
(h) The restrictions of this Chapter are content neutral and are narrowly
tailored to serve a significant governmental interest, but still provide alternative
avenues of communication.
(i) The reasonable time, place, manner restrictions in this Chapter
avoid the negative effects of aggressive solicitation and solicitation in unsafe
places and will not unreasonably restrict free speech of people engaged in
' solicitation.
Ords 16-09 2
9.65.020 — Authority and purpose.
(a) This chapter is adopted pursuant to the authority granted to the City
of Temecula in Article XI, Section 7 of the California Constitution.
(b) The purpose and intent of this Chapter is to protect public health,
safety and the general welfare of people in the City of Temecula and improve the
quality of life and economic vitality of the City of Temecula by imposing
reasonable time, place, manner, restrictions on certain forms of solicitation while
respecting the constitutional rights of free speech for all citizens as further
described in the findings set forth in Section 9.65.010.
(c) The California Supreme Court has held such regulation of
solicitation does not violate the liberty of speech clause of the California
Constitution in the case of Los Angeles Alliance For Survival v. City of Los
Angeles (2000) 22 CalAth 352.
9.65.030 —Applicability.
The provisions of this Chapter shall apply generally to all property throughout the
City wherein any of the conditions specified in this Chapter are found to exist;
provided, however, that any condition that constitutes a violation of this Chapter,
but which is permitted or authorized under any local, state or federal law, shall
' not be deemed to violate this Chapter.
9.65.040 — Definitions.
As used in this Chapter, the following words, terms and phrases shall have the
following meanings, unless a different meaning is apparent from the context or is
specified elsewhere in this Chapter:
(a) "After dark" means any time from one-half hour after sunset to one-
half hour before sunrise.
(b) "Aggressive manner" means any of the following:
(1) Conduct intended or likely to cause a reasonable person to
fear bodily harm to oneself or to another, damage to or loss of property, or
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;
(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;
Ords 16-09 3
(4) Using violent or threatening gestures toward a person; or
(5) Persisting in closely following or approaching a person, after
the person has informed a solicitor that such person does not want to be solicited
or does not want to give money or any other thing or value to the solicitor.
(c) "Automated teller machine" or "ATM" means any electronic
information processing device that accepts or dispenses cash in connection with
a credit, deposit, or convenience account.
(d) "Automated teller machine facility' means the area comprised of
one or more automated teller machines, and any adjacent space that is made
available to banking customers after regular banking hours.
(e) '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.
(f) "Check cashing business" means any person duly licensed as a
check seller, bill payer, or prorater pursuant to California Financial Code Section
12000 et seq., as may be amended.
(g) "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.
(h) "Donation" shall mean a gift of money or other item of value.
(i) "Financial institution" includes a bank, savings and loan
association, credit unions and check cashing business.
Q) "Linger on a median" means remaining in a median longer than two
traffic signals cycles, except in an emergency or except where the median is
specifically designated for pedestrians or equestrians.
(k) "Loiter on a median" means standing or lingering in a median for
any purpose other than to safely and lawfully cross the street, except in an
emergency or except where the median is specifically designated for pedestrians
or equestrians.
(1) "Median" shall mean a paved or planted area of public right-of-way
that divides a street or highway according to the direction of travel.
' (m) "Motor vehicle" means any propelled vehicle or vehicle drawn by a
power other than muscular power, other than a motorized wheelchair.
Ords 16-09 4
(n) "Public place" means a place to which the public or a substantial
group of persons has access, and includes, without limitation, any street,
highway, sidewalk, median, 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.
(o) "Public transportation vehicle" means any vehicle, including a trailer
bus, or train, designed, used or maintained for carrying ten (10) or more persons,
including the driver; or a passenger vehicle designed for carrying fewer than ten
(10) persons, including the driver, and used to carry passengers for hire.
(p) "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 1752 of the Federal Credit Union Act, as amended.
(q) "Solicit" shall mean to ask, beg, request or panhandle using
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.
(r) "Solicitor" means one who solicits as defined in Subsection (q) of
this Section.
9.65.050 — Aggressive Solicitations Prohibited.
No person shall solicit in an aggressive manner (as defined in Section
9.65.020(b)) in any public place.
9.65.060 — All Solicitations Prohibited at Specified Locations; Lingering and
Loitering Prohibited on Medians.
(a) Financial Institutions and Automated Teller Machines (ATMs). No
person shall solicit within twenty-five (25) feet of any entrance or exit of any
financial institution during its business hours or within twenty-five (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 automated teller machine
facility, such distance shall be measured from the entrance or exit of the
automated teller machine facility. No person shall solicit 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.
(b) Parking Lots. No person shall solicit in any public parking lot or
structure any time after dark.
Ords 16-09 5
(c) Public Transportation Vehicles and Stops. No person shall solicit in
any public transportation vehicle or within fifty (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.
(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 twenty-five (25) feet of a
driveway providing vehicular access to a shopping center, retail or business
establishment.
(f) Medians.
(1) No person shall linger on a median.
(2) No person shall loiter on a median.
(3) No person shall solicit upon any median 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.
9.65.070 — Exemptions.
The provisions of Section 9.65.060 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.
9.65.080 — Penalty.
(a) Misdemeanor. Any person who violates Sections 9.65.050 and
9.65.060 of this Chapter shall be guilty of a misdemeanor or infraction as
provided Chapters 1.20 of Title 1 of the Temecula Municipal Code.
Ords 16-09 6
(b) Administrative Citations. Any person who violates Sections
9.65.050 or 9.65.060 of this Chapter shall be guilty of violating the Temecula
Municipal Code and may be issued an administrative citation and be subject to
the applicable punishments pursuant to Chapter 1.21 of Title 1 of the Temecula
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, including but not limited to, the enforcement provisions of Title 1 of
the Temecula Municipal Code."
Section 2. Severability. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other provisions of this Ordinance which can
be given effect without the invalid provision or application, and to this end, the
provisions of this Ordinance are hereby declared to be severable.
Section 3. Certification. The City Clerk of the City of Temecula shall
certify to the passage and adoption of this Ordinance and shall cause the same to be
published or posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of October, 2016.
Michael S. Naggar, Mayor
ATTES .
Randi City Clerk
[SEAL]
Ords 16-09 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 16-09 was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Temecula on the 11th day of October, 2016, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 25th day of October, 2016, by the following
vote:
AYES: 4 COUNCIL MEMBERS: Edwards, McCracken, Rahn, Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Comerchero
' Randi Johl, City Clerk
Ords 16-09 8