HomeMy WebLinkAbout50A - ORD PANHANDLING - AGGRESSIVE SOLICITATIONPANHANDLING
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 1, 2018
TITLE:
ORDINANCE FIRST READING: ADOPT
AND ADD SECTIONS 10-700,10-701,10-702
AND 10-703 TO THE SANTA ANA MUNICIPAL
CODE RELATED TO AGGRESSIVE OR
INTRUSIVE SOLICITATION
{STRATEGIC PLAN NO. 5, 1}
CITY ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Place ordinance on first reading for consideration of adoption.
DISCUSSION
On April 3rd, 2018, the following ordinance was introduced to the City Council for review and
discussion. City Council directed staff to re-examine the proposed ordinance:
ORDINANCE NO. NS-XXXX 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
During the foregoing City Council meeting and in accordance with Section 413 of the City
Charter, members of the City Council directed staff to assess certain suggested changes or
alterations to the Ordinance. Specifically, council members identified subsection 10-702(c), and
requested further staff review and analysis as the proposed code might adversely affect
individuals suffering from mental illness as well as conceptual exclusions. City Staff has
provided comments and analysis to that subsection and provided additional observations and
revisions to the ordinance as follows:
Section 10-702(c). The original proposed code section spoke to prohibiting
solicitation activity on roadway medians due to public safety concerns. Council
concerns sought to seek exemptions or exclusions for temporary and seasonal
activities such as fruit sales, car washes, funeral fundraising so as not to criminalize
non-profit activities or actions normally associated with humanitarian endeavors.
After further analysis, City staff seeks to remove this section completely and comply
with Council direction, which will address seasonal activities, fruit sales, flower sales,
car washes, temporary activities and the like. Santa Ana Municipal Code Section 36-
118 already makes it unlawful to stand, walk or sit on any median. Although the
proposed ordinance addressing aggressive and intrusive solicitation speaks to
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Ordinance — First Reading: Chapter 10 SAMC
May 1, 2018
Page 2
"Public Places," it does not specifically call out locations such as sidewalks where
the requested exclusions would be necessary.
a. Recommended Action:
L Remove Section 10-702(c) Medians
2. Council sought to address through special considerations, solicitations conducted by
those who may be mentally ill. Staff understands the necessity for law enforcement
to evaluate each enforcement related contact by weighing the spirit of the law as
compared to the letter of the law. Police Officers are afforded specific training to
identify and/or address issues which arise from dealing with individuals experiencing
mental health issues, however they are not clinical social workers, psychologists or
psychiatrists. As such it would be unduly burdensome to place legislative restrictions
on law enforcement in specifically identifying individuals experiencing mental health
issues and precluding them from enforcement. Although municipal code violations
are not specific intent crimes, officers understand it is counterproductive and
injurious to the public health to unreasonably enforce the law against individuals
incapable of understanding their conduct.
a. Recommended Action:
I. Provide training to enforcing officers regarding the spirit of the
law and the Council intent.
Following input from several departments, the Ordinance was drafted to specifically address
certain locations where Aggressive and Intrusive Solicitation is a public safety concern. With
the following issues and concerns in mind regarding items or activities addressed in the
Ordinance:
Danger or Risk
Item or Activity Presenting Danger or Risk
Identified
Median Strips
As per SAMC 36-118 — No person shall stand, walk or sit on
any median.
Driveways
The Safe Mobility Santa Ana Study discovered collisions
involving pedestrians occur frequently at driveways.
Additionally, active driveways to business or retail centers
were found to 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. Any
person loitering around a driveway may block the line of sight
or distract motorists while attempting to ingress oregress.
Transit Stops
Transit stops require unimpeded accessibility to and from the
transit stops for commuters. Persons loitering around transit
stops could impede access or create potential hazards for
commuters. Additionally, when an individual is standing close
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Ordinance — First Reading: Chapter 10 SAMC
May 1, 2018
Page 3
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community
engagement initiative to expand access to information and create opportunities for
stakeholders to play an active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action. However, Staff will seek City Council
approval in the event that additional resources are needed to implement the ordinance.
David Valentin
Chief of Police
Santa Ana Police Department
Exhibit: Ordinance No. NS-XXXX
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to the curb at a transit stop, transit operators may be forced to
stop away from the actual transit stop at an alternate location
that is not ADA compliant or simply further away from the curb.
Public Utilities Code Section 99170 considers this type of
conduct to be unlawful.
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.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community
engagement initiative to expand access to information and create opportunities for
stakeholders to play an active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action. However, Staff will seek City Council
approval in the event that additional resources are needed to implement the ordinance.
David Valentin
Chief of Police
Santa Ana Police Department
Exhibit: Ordinance No. NS-XXXX
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ORDINANCE NO. NS-XXXX
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
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 failing 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 -XXX
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50A-5
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
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:
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 -XXX
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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.
d. 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 -XXX
50A-7 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 solicitors safety, impedes visibility, and impairs a drivers 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 -XXX
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(2) Intentionally touching or causing physical contact with another
person or an occupied vehicle without consent;
(3) 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.
---—�—`�?�utoma�dtel/er m�tacr7r� means an area comprise o 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 and any state -chartered
credit union with accounts insured by the Administrator of the National
Credit Union Administration.
(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 -XXX
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(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.
(1) "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 -XXX
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50A-10
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
(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, caf6, 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 declares that
Ordinance No. NS -XXX
50A-11 Page 7 of 9
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 _ day of, 2018.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney l
�GC.fi
By Sandrwarzmann
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
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 -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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Ordinance No. NS -XXX
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