Ordinance 18-04ORDINANCE NO. 2018-04
AN ORDINANCE OF THE CITY OF EASTVALE, CALIFORNIA,
ADDING CHAPTER 8.19, PROHIBITING "AGGRESSIVE
SOLICITATION" AND SOLICITATION, LINGERING AND LOITERING
IN CERTAIN PUBLIC PLACES, TO THE EASTVALE MUNICIPAL
CODE.
THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY ORDAIN AS
FOLLOWS:
Sectionl. The addition of the new Chapter 8.19 prohibiting "aggressive solicitation" and
solicitation, lingering and loitering in certain public places in the City of Eastvale under Title 8,
Public Morals and Safety.
Chapter 8.19: PROHIBITING "AGGRESSIVE SOLICITATION" AND
SOLICITATION, LINGERING AND LOITERING IN CERTAIN PUBLIC PLACES
Sections:
8.19.010 Findings.
8.19.020 Authority and Purpose.
8.19.030 Applicability,
8.19.040 Definitions.
8.19.050 Aggressive Solicitations Prohibited.
8.19.060 All Solicitations Prohibited at Specified Locations; Lingering and Loitering
Prohibited on Medians.
8.19.070 Exemptions.
8.19.080 Penalty.
8.19.010 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 Eastvale 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 and solicitation in certain locations throughout the
City has become extremely disturbing and disruptive to residents and businesses, and has
contributed not only to the loss of enjoyment of public places, but also to an enhanced
sense of fear, intimidation, and disorder.
c) 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 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 gas stations, public restrooms, outdoor dining areas, and parking lots.
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 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) Solicitation on roadway median strips, at traffic intersections, in the public roadway, and
lingering and loitering on a median are unsafe and hazardous for solicitors, drivers,
pedestrians, and the general public. Soliciting on roadway median strips, at traffic
intersections, and in the public roadway increase the risk of drivers becoming distracted
from their primary duty to safely operate their motor vehicle and watch traffic. This may
result in traffic collisions, congestion and blockage of streets, and delay the free flow of
travel, all of which constitute substantial traffic safety concerns.
f) The practice of 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 panhandler or solicitor near the driveway
compromises the solicitor's safety, impedes visibility, and impairs the driver's ability to
safely enter and exit. Drivers also become distracted from their duty to operate their
motor vehicle and watch traffic, which may result in traffic collisions, congestion,
blockage of streets, and delay the free flow of travel, all of which constitute substantial
traffic safety concerns.
g) 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.
The Council's intent in enacting this chapter is not to interfere with the exercise of first
amendment rights of those engaged in lawful solicitation.
h) The reasonable time, place, manner restrictions in this chapter avoid the negative effects
of aggressive panhandling or solicitation in unsafe places and will not unreasonably
restrict free speech of people engaged in solicitation.
8.19.020 Authority and Purpose.
a) This chapter is adopted pursuant to the authority granted to the City of Eastvale 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 Eastvale and improve the quality of life and economic
vitality of the City of Eastvale 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 8.19.010.
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.
8.19.030 Applicability.
The provisions of this chapter shall apply generally to all public places 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.
8.19.040 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 things 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 person
walking, bicycling or driving a vehicle by any means, including unreasonably
causing said person to take evasive action to avoid physical contact;
4) Using violent or threatening gestures towards a person walking, bicycling or
driving a vehicle;
5) Persisting in closely following or approaching a person or motor vehicle, after
the person has informed a solicitor that such person does not want to be
solicited or does not want to give money or anything of 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 both
during and after regular business 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 permitted by the California Attorney
General as a check casher pursuant to California Civil Code Section 1789.30 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
Association.
h) "Donation" means a gift of money or other item of value.
i) "Financial institution" means a bank, savings and loan association, credit union, or check
cashing business.
j) "Linger" or "loiter" means to stay in a median for longer than two traffic signal cycles,
except in an emergency.
k) "Median" means a painted, paved, raised concrete, or planted area of a public right-of-
way that divides a street or highway according to the direction of travel.
1) "Motor vehicle" means any propelled vehicle or vehicle drawn by a power other than
muscular power, other than a motorized wheelchair.
m) "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, trail,
parking lot, plaza, transportation facility, school, place of amusement, park, playground,
and any doorway, entrance, hallway, lobby, or other portion of any business
establishment open to the public generally.
n) "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.
o) "Savings and loan associations" 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.
P) "Solicit" means to ask, beg, request, or panhandle using spoken, written or printed word,
or bodily gestures, sign language, 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.
q) "Solicitor" means one who solicits as defined in subsection (p) of this section.
8.19.050 Aggressive Solicitations Prohibited.
No person shall solicit in an aggressive manner in any public place.
8.19.060 All Solicitations Prohibited at Specified Locations; Lingering and Loitering
Prohibited on Medians.
a) Financial institutions and automated teller machines. 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's 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 permission to do so from the owner or 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.
c) Public transportation vehicle 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 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 25 feet of a driveway providing vehicular access to a shopping center,
retail or business establishment.
f) Medians.
1) No person shall linger or loiter on a median as these locations are not intended
or designed to provide accessibility or safety to a person on roadways.
2) 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 which applies to food courts or other areas where
diners from multiple establishments share seating, without the express permission of the
operator of the dining establishment.
h) No person shall solicit in any restroom open to the public.
8.19.070 Exemptions.
The provisions of this section shall not be construed to prohibit:
a) The right to exercise protected free speech.
b) Solicitations related to a business which is being conducted on the subject premises by
the owner or lawful tenants.
c) Solicitations authorized by the property owner or a lawful tenant of the premises.
d) Solicitations related to the lawful towing of a vehicle.
e) Solicitations related to emergency repairs requested by the operator or occupant of a
motor vehicle.
8.19.080 Penalty.
a) Misdemeanor. Any Person who violates Sections 8.19.050 and 8.19.060 of this chapter
shall be guilty of a misdemeanor or infraction as provided in Section 1.01.220 of Title 1
of the Eastvale Municipal Code.
b) 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 of the provisions of Title 1 of the Eastvale Municipal
Code.
SECTION 2: EFFECTIVE DATE: This Ordinance shall become effective 30 days after
final passage thereof.
SECTION 3: SEVERABILITY: If any section, subsection, sentence, clause, or phrase 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 the Ordinance. The Council hereby declares that it would have passed this Ordinance,
and each section, subsection, sentence, clause, and phrase, hereof, irrespective of the fact that
any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared
invalid or unconstitutional.
SECTION 4: POSTING: The Mayor shall sign this Ordinance and the City Clerk shall
attest thereto and shall cause the same to be published immediately after its passage at least once
in a newspaper of general circulation circulated in the City.
PASSED, APPROVED AND ORDAINED this 11`x' clay of April, 2018.
Clint Lorimore, Mayor
APPROVED AS TO FORM: ATTEST:
Erica Vega, City Altr ey Steven Agailar, Assistant City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE 1
1, Steven D. Aguilar, Assistant City Clerk of the City of Eastvale, California, do hereby certify
that the foregoing Ordinance No. 2018-04, was introduced at a regular meeting of the City
Council of the City of Eastvale held on the 25"' day of April, 2018 and was passed by the City
Council of the City of Eastvale at a regular meeting held the 9"' day of May, 2018, by the
following vote:
AYES: Council Members Plott. Rush, Tessari, Mayor Pro Tenn Rigby, Mayor Lori ore
NOES: None
ABSENT: None
ABSTAIN: None
Steven D. Aguilar, Assistant City Clerk