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HomeMy WebLinkAboutNS-2945 - Adopting Article XII of Chapter 10 of Santa Ana Municipal Code Pertaining to Aggressive or Intrusive SolicitationPANHANDLING - AGRESSIVE SOLICITATION ORDINANCE ORDINANCE NO. NS -2945 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING ARTICLE XII OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO AGGRESSIVE OR INTRUSIVE SOLICITATION THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council of the City of Santa Ana expressly finds that the activities and locations of individuals engaging in aggressive or intrusive solicitation have raised numerous public safety issues for both the individuals that are seeking monies and the persons being solicited for monies. City staff noted the inherent dangers in known locations in which individuals seeking donations place themselves at risk of physical harm to themselves and others. In addition, the acts of certain individuals seeking funds have placed members of the local community in the way of, or in fear of, physical harm from these aggressive or intrusive actions. B. Locations of Special Concern 1. Median Strips A median is not intended for pedestrian activity. Per Santa Ana Municipal Code Section 36-16, the median is that portion of the street that separates lanes of vehicular traffic. There is an inherent traffic safety risk for individuals standing on a median with vehicles passing adjacent at high speeds. Standing too close to active traffic lanes further creates safety risks for a pedestrian in the event of tripping, losing their balance, or becoming unconscious and involuntarily falling into active traffic lanes. Per Santa Ana Municipal Code Section 36-118, no person shall stand, walk or sit on any median. 2. Driveways The Safe Mobility Santa Ana Study found that collisions involving pedestrians occur frequently at driveways. Furthermore, active driveways to business or retail centers have a steady to heavy flow of vehicular traffic. Pedestrians loitering in or around driveways are exposed to potential contact with ingressing or egressing vehicles. In addition, any person loitering around a driveway may block the line of sight or distract motorists while attempting to ingress or egress. Ordinance No. NS -2945 Page 1 of 9 3. Transit Stops Transit stops require unimpeded accessibility to and from the transit stops for commuters. Anyone loitering around transit stops may impede access or create potential trip hazards for commuters. Furthermore, when someone is standing close to the curb in a transit stop, transit operators may be forced to stop away from the actual transit stop at a location that is not ADA compliant or further away from the curb. Public Utilities Code Section 99170 considers this type of conduct to be unlawful. 4. Parkways Parkways are located adjacent to active vehicular travel lanes. There is an inherent traffic safety risk standing on a parkway with vehicles passing adjacent at high speeds. Standing too close to active traffic lanes further creates safety risks for a pedestrian in the event of tripping, losing their balance, or becoming unconscious and involuntarily falling into active traffic lanes. In addition, any person loitering around a parkway may block the line of sight or distract motorists while driving through the area. C. Pertinent Santa Ana Police Department Reports 1. In 2017, the Santa Ana Police Department responded to over 930 calls for service reporting pedestrians in and out of the roadway, causing traffic hazards. All of these calls necessitated a lights and siren emergency response to the location to remove the endangered pedestrian(s) and to protect individuals attempting to lawfully utilize the roadway from becoming involved in a collision. Of these calls for service, on average over 70% of these were solicitor -related. 2. The Santa Ana Police Department has also responded to the following incidents regarding aggressive or intrusive solicitation: a. On April 17, 2017, at 3:20 p.m., an aggressive solicitor was asked to leave a grocery store. Instead of leaving, the individual produced a knife, proceeded to stand in the doorway of the market, and threatened employees with a knife. After police officers arrived, the individual refused lawful orders and assaulted officers and a police dog. b. On June 10, 2017, at 4:50 p.m., an aggressive solicitor was causing a disturbance at a private event being held at a coffee shop in Downtown Santa Ana. The individual failed to leave the area after being directed by a security officer, and subsequently entered the coffee shop, began screaming incoherently, picked up a metal chair and assaulted responding police officers. Ordinance No. NS -2945 Page 2 of 9 c. On June 18, 2017, at 11:57 a.m., property owners from a restaurant reported an individual who frequented the area as a solicitor, causing a disturbance when several individuals refused to give him money. Private security contacted the individual. The individual began acting more erratic, produced a knife and threatened security personnel. On August 9, 2017, at 7:00 p.m., several residents were in a car driving down a city street. When they came to a stop, a solicitor requested money and was refused. The solicitor became angry and threw a heavy metal object through the windshield of the vehicle. e. August 16, 2017, at 11:00 p.m., a man was walking to his vehicle from a fast food restaurant, when he recognized an individual he knew to frequent the area as a solicitor. For an unknown reason, this solicitor approached the man and stabbed him with a knife. On August 19, 2017, at 6:49 p.m., an aggressive solicitor approached a man in front of a restaurant. The man refused to give money to the solicitor. The solicitor produced a knife and stabbed the man. 3. During 2017, the Santa Ana Police Department coordinated with law enforcement agencies from within Orange and Los Angeles counties to address teams of individuals going from city to city fraudulently requesting money for funeral expenses and to bury persons that had passed away while allegedly soliciting at major intersections and center medians. These individuals often purported to need funds to bury deceased children. Investigations revealed that these individuals were collecting money as part of a fraudulent well -organized scheme and that no funds were ever to be utilized for the funerals or burials. Adults had actually co-opted minors to be the individuals entering and exiting traffic, collecting funds and subsequently returning all proceeds of the fraud to the adults. Section 2. The City hereby adopts Article XII of Chapter 10 of the Santa Ana Municipal Code to read as follows: ARTICLE XII. AGGRESSIVE OR INTRUSIVE SOLICITATION Sec. 10-700. Purpose and Intent. The purpose of this Article is to protect the safety and welfare of the public and improve the quality of life and economic vitality of the City of Santa Ana by imposing reasonable time, place, and manner restrictions on aggressive and intrusive solicitation while respecting the constitutional rights of free speech for all citizens. Ordinance No. NS -2945 Page 3 of 9 Aggressive or intrusive solicitation typically includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. Aggressive or intrusive solicitation can contribute to the loss of access to, and enjoyment of, places open to the public, and can create an enhanced sense of fear, intimidation, and disorder. Solicitation from people in places where they are a "captive audience" because it is difficult or impossible for them to exercise their own right to decline to listen to or avoid solicitation from others, presents a risk to the health, safety, and welfare of the public. The presence of individuals who solicit money from persons at or near banks or automated teller machines can be intimidating or threatening. Such activity often carries with it an implicit threat to both person and property. Other "captive audience" locations include public transportation vehicles, their designated locations for stops, outdoor dining areas, and gasoline stations. 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 to diminish or avoid the threat of violence in such unwarranted and unavoidable confrontations. Solicitation in the public roadway is unsafe and hazardous for solicitors, drivers, pedestrians, and the general public due to the increased risk of drivers becoming distracted from their primary duty to watch traffic, which may result in automobile accidents, congestion, blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems. The practice of solicitation near driveways accessing shopping centers, retail establishments, and business establishments is unsafe and hazardous for solicitors, drivers, pedestrians, and the general public. The location of a solicitor near a driveway compromises a 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, blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems. Sec. 10-701. Definitions. As used in this article: (a) "Aggressive" means any of the following types of conduct: (1) Conduct intended or likely to cause a reasonable person to fear bodily harm to oneself or to another, to fear damage to or loss of property, or otherwise to be intimidated into giving money or any other thing of value; Ordinance No. NS -2945 Page 4 of 9 (2) (3) Intentionally touching or causing physical contact with another person or an occupied vehicle without consent; Closely following or approaching a person, after the person has indicated they do not want to be solicited or do not want to give money or any other thing of value; or (4) Making violent gestures toward a person. (b) `Automated teller machine" means any electronic information processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account. (c) `Automated teller machine facility" means an area comprised of one or more automated teller machines, and any adjacent space made available to banking customers. (d) "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 with deposits which are insured by the Federal Deposit Insurance Corporation. (e) "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. (f) "Credit union" means any federal credit union with accounts insured Credit Union Administration. credit union and any state -chartered by the Administrator of the National (g) "Donation" means a gift of money or other item of value. (h) "Financial institution" means any bank, savings and loan association, credit union, or check cashing business. (i) "Intrusive" means any of the following types of conduct: (1) Thrusting or forcing oneself close to another person without invitation, permission, or welcome; (2) Physically contacting another person; Ordinance No. NS -2945 Page 5 of 9 (3) Blocking a person's path of travel; or (4) Behaving in a threatening manner towards another person. Q) "Public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, a street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground; or any doorway, entrance, hallway, lobby and other portion not constituting a room or apartment designed for actual residence, of any business establishment, apartment house, or hotel. (k) "Public transportation vehicle" means any vehicle designed, used, or maintained for carrying 10 or more persons, including the driver; or a vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire. (I) "Solicit' or "solicitation" means to ask, beg, or request for an immediate donation of money or any other thing of value or for the direct and immediate sale of goods or services. Solicitation can be accomplished by using the spoken, written, or printed word, or bodily gestures, signs, or other means. Sec. 10-702. Prohibited solicitation. (a) No person shall solicit in an aggressive or intrusive manner in any public place. (b) Financial institutions and automated teller machines. (1) No person shall solicit within an automated teller machine facility without the express permission of the owner or other person lawfully in possession of the facility. (2) No person shall solicit within 30 feet of any financial institution during its business hours. (3) No person shall solicit within 30 feet of any automated teller machine during the time it is available for customers' use. If the automated teller machine is located within an automated teller machine facility, the 30 feet shall be measured from the entrance or exit of the automated teller machine facility. (4) Subsections (1) and (3) do not apply to any unenclosed automated teller machine located within any building, structure, or space that has a primary purpose or function that is unrelated Ordinance No. NS -2945 Page 6 of 9 to banking activities, including but not limited to supermarkets, airports, and school buildings; provided that the automated teller machine is available for use only during the regular hours of operation of the building, structure, or space in which the machine is located. (c) Driveways accessing shopping centers, retail establishments, and business establishments. No person shall solicit from an operator or occupant traveling in a motor vehicle while the vehicle is located within 30 feet of a driveway skirt providing vehicular access to a shopping center, retail establishment, or business establishment. (d) Public transportation vehicles and stops. No person shall solicit in any public transportation vehicle or within 30 feet of any designated or posted public transportation vehicle stop. (e) Gasoline/charging stations and fuel pumps. No person shall solicit from an operator or occupant of a motor vehicle while the vehicle is stopped in a gasoline or electronic vehicle charging station or at a gasoline pump or charging and fueling station. (f) Outdoor dining area. No person shall solicit from a person within the outdoor dining area of a restaurant, cafe, or similar establishment that serves food or drinks for immediate consumption. (g) Subsections (b) through (g) do not apply to solicitations authorized or conducted by the property owner, business owner, or employees on the premises. Sec. 10-703. Violations. (a) Any person who violates this Article may be charged with an infraction or a misdemeanor at the discretion of the City officer. (b) In addition to any other remedy allowed by law, any person who violates a provision of this Article is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Section 1-8 of the Santa Ana Municipal Code. (c) All remedies prescribed under this Article are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce this Article. Section 4. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby Ordinance No. NS -2945 Page 7 of 9 declares that it would have adopted this ordinance and each section, subsection, sentence, clause or phrase or portion thereof irrespective of the fact that any one or more section, subsection, sentence, clause, phrase, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this 15 day of, May 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: an a M. Schwarzmann Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Benavides, Pulido, Solorio,Tinaiero Villegas (5) Councilmembers: Martinez (1) Councilmembers: None (0) Councilmembers: Sarmiento (1) Ordinance No. NS -2945 Page 8 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -2945 to be the original ordinance adopted by the City Council of the City of Santa Ana on May 15, 2018, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk ot the Council City of Santa Ana Ordinance No. NS -2945 Page 9 of 9