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Home My WebLink AboutORD NO 4768FE ORDINANCE NO. � • i AN ORDINANCE OF THE CITY OF BAKERSFIELD ENACTING CHAPTER 9.32 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO AGGRESSIVE PANHANDLING /SOLICITATION WHEREAS, the City of Bakersfield has seen a significant increase in aggressive panhandling /soliciting, throughout the City; and WHEREAS, aggressive panhandling /soliciting is a significant detriment to the health and safety of the Bakersfield population, and threatens the safety, privacy, and quality of life of residents and visitors; and WHEREAS, the citizens of Bakersfield seek policies and regulations that preserve the rights of citizens to enjoy public spaces free from fear and harassment while at the same time, protecting the free speech rights of individuals; and WHEREAS, this law is appropriate and timely because current laws and regulations in the state of California are insufficient to address the above stated problems; and WHEREAS, the restrictions of this ordinance are neither overbroad nor vague, but rather, narrowly tailored to serve a substantial governmental interest; and WHEREAS, this ordinance is not intended to limit any person from exercising their Constitutional right to solicit funds, picket, protest, or engage in other constitutionally protected activity; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 9.32 of the Bakersfield Municipal Code is hereby enacted to read as follows: 9.32 PANHANDLING /SOLICITING. 9.32.010 Definitions. SAC0UNCIL \0rds \13 -14 \9 32 Panhd1- So1iciting2.docx -- Page 1 of 6 Pages -- AkF9 O 'p -y T }` rn C3 r- nR;{ 1NAI For the purpose of this article, the following words shall have the following meanings, unless the context clearly indicates otherwise: A. "After Dark" shall mean any time from one -half hour after sunset to one -half hour before sunrise. 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, if that conduct is likely to cause a reasonable person to: a. Fear bodily harm to oneself or to another, damage to or loss of property; or b. Otherwise be intimidated into giving money, goods, or other things of value; 2. Approaching an occupied vehicle by entering into the roadway when traffic is either stopped or moving, before, during or after soliciting; 3. Knocking or tapping on the window of, or physically reaching towards or into an occupied vehicle before, during or after soliciting; 4. Continuing to solicit from a person after the person has given a negative response to such solicitation; 5. Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting; 6. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact before, during or after soliciting; 7. Using violent or threatening gestures toward a person before, during or after soliciting; 8. Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during or after soliciting; 9. Following a person while soliciting, with the intent of asking that person for money, goods, or other things of value. SAC0UNCIL \0rds \13 -14 \9 32 Panhd1- So1iciting2.docx p A K,c� a -- Page 2 of 6 Pages -- GRIGINA I C. "Automated Teller Machine" shall mean a device, linked to a financial institution's account records, which is able to carry out transactions, including but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments. D. "Bank" shall mean 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. E. "Check cashing business" shall mean any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code. F. "Credit Union" shall mean 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. G. "Median" shall mean the dividing area, either paved or landscaped, between opposing lanes of traffic on a highway or street. H. "Public Place" shall mean a place where a governmental entity has title or to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, parking lot, transportation facility, school, place of amusement, park, playground. I. "Public Transportation Vehicle" means 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. J. "Solicit" shall mean to ask for money or objects of value, with the intention that the money or object be transferred at the time, and at that place. Soliciting shall include using the spoken, written, or printed word, 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. 9.32.020. Unlawful Solicitation. It is unlawful for any person to: A. Solicit in an aggressive manner in any public place. SACOUNCIUOrds \13 -14 \9 32 Panhd1- So1iciting2.docx -- Page 3 of 6 Pages -- c� - c: B. Solicit within twenty (20) feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours. C. Solicit within twenty (20) feet of any Automated Teller Machine. D. Solicit in any public transportation vehicle, or within twenty (20) feet of a bus stop or bus shelter. dark. E. Solicit in any public or private parking lot or structure any time after F. Solicit while located in any public median strip on roadways. 9.32.030 Solicitation Under False Pretenses Prohibited. No person shall knowingly make a false or fraudulent representation or use false pretenses to obtain money, goods, or things of value. 9.32.040. Exemptions. The following actions are exempted from this ordinance: A. Solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants; B. Solicitations related to the lawful towing of a vehicle; C. Solicitations related to emergency repairs requested by the operator or other occupant of a vehicle; or D. Solicitations otherwise allowed by law. 9.32.050. Penalty. Any person who violates any provision of this chapter is subject to any and all penalties subject to Title 1 Chapter 1.40.10 of the Bakersfield Municipal Code. 9.32.060. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, eAh" SAC0UNCIL \0rds \13 -14 \9 32 Panhd1- So1idting2.docx -- Page 4 of 6 Pages - -n subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid under law. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. SACOUNCUOrds \13 -14 \9 32 Pan MI- Soliciting2.docx ••f•• -- Page 5 of 6 Pages -- O�KF rn HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on APR 16 2014 , by the following vote: A a AYES: COUNCILMEMBER RIVERA, MAXWELL, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER WX)AI — ABS�COUNCILMEMBER BSENT� COUNCILMEMBER WL1C. !�M_ — A�& 4-'t� ROBERTA GAFFORD, CMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APP 1 F 761E HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney THOMAS GEDDES Associate City Attorney TG:Isc S: \COUNCIL \Ords \13 -14 \9 32 Panhdl- Soliciting2.docx -- Page 6 of 6 Pages -- K €'ct� a P m v "J ORIGINAl- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 18TH day of April, 2014 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4768, passed by the Bakersfield City Council at a meeting held on the 16th day of April, 2014 and entitled: AN ORDINANCE OF THE CITY OF BAKERSFIELD ENACTING CHAPTER 9.32 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO AGGRESSIVE PAN HANDLING /SOLITICATION. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield SADOCUMENIIFORMSWOP.ORD.wpd