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Home My WebLink About95-04 Prohibiting Aggressive PanhandlingORDINANCE NO. 95-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF dbSTA MESA, CALIFORNIA, ADDING CHAPTER XI TO TITLE 11 OF THE COSTA MESA MUNICIPAL CODE PROHIBITING AGGRESSIVE PANHANDLING. THE CITY COUNCIL OF THE CITY OF COSTA,MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Costa Mesa does hereby find and declare as follows: WHEREAS, the City of Costa Mesa has experienced an increase in aggressive paniiandlers soliciting money or other things of value from persons upon public property or private property open to the public; WHEREAS, aggressive panhandling constitutes begging accompanied by the use of aggressive conduct or communication to criminally threaten another person into giving money or goods where such person does not desire to make such contributions, and would not otherwise freely make, in the absence of such aggressive conduct or communication; WHEREAS, aggressive panhandling threatens the physical health and safety and individual privacy of the public subjected to the . aggressive begging tactics of the panhandler; WHEREAS, aggressive panhandling jeopardizes the City's economy by discouraging visitors, tourists and prospective customers from coming to Costa Mesa for business,.recreation and shopping; WHEREAS, aggressive panhandling threatens to drive City residents to places outside of Costa Mesa for their recreation, business and. shopping activities, and such conduct further undermines the public's basic right to be in and enjoy public places without fear that they will be subjected to the aggressive begging tactics by persons seeking handouts; WHEREAS, aggressive panhandlers imperil the safety of residents, visitors and tourists within the City of Costa Mesa where such panhandlers obstruct pedestrian or vehicular trafficto criminally threaten persons to give money or other things of value to the panhandler; WHEREAS, aggressive panhandling is, not necessary for the subsistence of homeless persons within the City of Costa Mesa because social service organizations exist that provide food, clothing, shelter and counseling for homeless persons; and WHEREAS, it is not the intent of the City Council to restrict the freedom of speech by persons who ask, beg or solicit alms; and WHEREAS, it is necessary to place reasonable restrictions upon the time, place and manner in which panhandling occurs in order to protect the public health and safety, to prevent fraud, and protect the public's right to individual privacy and access to public places. Section 2. Chapter XI is hereby added to Title 11 of the Costa Mesa Municipal Code to read as follows: "Chapter XI Aggressive Panhandling Sec. 11-177 Definitions. For purposes of this Chapter, the following words and terms shall have the following meaning: 2 (a) Aggressive manner means: (1) The intentional act of approaching, speaking to, gesturing or following of another person solicited for alms in a manner as would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person, or upon property in the person's immediate possession; or (2) The intentional act of touching of another person without such person's consent in the course of asking, begging or soliciting alms; or (3) The intentional act of blocking or interfering with the safe or free passage of another person solicited for alms, including causing such person to take evasive action to avoid physical contact or preventing such person from departing the location of the solicitation; or (4) The rendering of any service to a motor vehicle, including but not limited to any cleaning, washing, protecting, guarding or repairing of said vehicle or any portion thereof, without the prior consent of the owner, operator or occupant of such vehicle, and thereafter asking, begging or soliciting alms or payment for the performance of such service, regardless of whether, such vehicle is stopped, standing or parked on a public street or upon other public or private property; or (5) The intentional act of blocking, preventing, impeding or interfering with the free and unobstructed ability of the person solicited to enter into or emerge from any vehicle during the course of asking, begging or soliciting alms or following a negative response by the person solicited to any such solicitation; or 3 (6) The intentional act of blocking, preventing, impeding or interfering with the operation or movement of any vehicle operated or occupied by the person solicited, during the course of asking, begging or soliciting alms or following a negative response by the person solicited to any such solicitation. (b) Ask, beg, or solicit alms means the spoken, written, or printed word or such other act conducted for the purpose of obtaining from another person an immediate donation of money or things of value, for any purpose. Sec. 11-178 -Prohibited Acts. No person shall ask, beg, or solicit alms in an aggressive manner- in any place open to the general public, whether publicly or privately owned, .including but not limited to any sidewalks, streets, alleys, driveways, parking lots, parks, plazas, buildings, doorways. and entrances to buildings, gasoline service stations, fast food restaurant drive-through lanes, and the grounds around buildings open to the general public. Sec. 11-179 Exemptions. (a) Nothing contained in this Chapter shall be deemed to prohibit any act which is otherwise expressly permitted or prohibited by law. (b) Nothing contained in this Chapter shall be deemed to permit any act which is otherwise prohibited by law. (c) Nothing contained in this Chapter shall be deemed to prohibit constitutionally protected picketing and protesting. 4 Sec. 11-180 Penalties. (a) A violation of any provision of this Chapter shall be deemed a misdemeanor punishable as set forth in Section 1-33(b) of this Code. (b) A violation of any of the provisions of this Chapter shall constitute a public nuisance and may be abated.by the City Attorney through civil process by means of a restraining order, preliminary or permanent injunction, or any other manner provided by law for the abatement of such nuisance. - (c) Nothing contained in this Chapter shall be deemed to prohibit constitutionally protected picketing and protesting. Sec. 11-181 Operation of Chapter. It is acknowledged that acts prohibited by this Chapter are prohibited by Section 647(c) of the Penal Code. The operation of this Chapter is necessary and appropriate because Penal Code Section 647(c) has been found to be invalid and unenforceable. For this reason, this Chapter shall be and remain in full force and effect until .Penal Code Section 647(c) is valid and enforceable in all courts within the State of California, then and only then shall this Chapter be deemed inoperative and of no.force or effect." Section 3. Severability. If any chapter, article, section, subsection,' subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, 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 portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have 5 adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. Section 4. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published oncein the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general.circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. 6 PASSED AND ADOPTED this 20th day of March, 1995. Mayo of the City of Costa Mesa ATTEST: APPROVED AS TO FORM: r. Lj=g�� Deputy Ci y Clerk of the City of Costa esa City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 11�� I - g - 9S I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 95-4 was introduced and considered section by section at a regular meeting of the City Council held on the 21st day of February, 1995, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 20th day of March, 1995, by the following roll call vote: AYES: ER'(eKS.otJ 13UFFA) f1oanJaucK1-Cj (-Ehl15, i�ioNA/�ft�J NOES: leo M & ABSENT: /J61JE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 21st day of March, 1995. _ --- Deputy City the City Cou 7 erx ana ex-orricio Cterx or it of the City of Costa Mesa