9.90.030 - Prohibited panhandling.

(a)

No person shall panhandle in an aggressive or intrusive manner in any public place.

(b)

All panhandling is prohibited at the following specified locations:

(1)

Financial Institutions and Automated Teller Machines (ATMs). No person shall panhandle within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. No person shall panhandle within twenty feet of any entrance or exit of any financial institution during its business hours or within twenty feet of any automated teller machine during the time it is 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.

These provisions shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including, but not limited to, supermarkets, airports and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.

(2)

Motor Vehicles. No person shall panhandle from an operator or occupant traveling in a motor vehicle while such vehicle is located within one hundred feet of any intersection in which at least one corner is controlled by an official traffic signal or by any sign regulating the flow of traffic, such as a stop sign or yield sign.

(3)

Median Strips. No person shall panhandle on a median strip or in any manner or location that is inconsistent with the provisions of the California Vehicle Code.

(4)

Driveways Accessing Shopping Centers, Retail, and Business Establishments. No person shall panhandle from an operator or occupant traveling in a motor vehicle while such vehicle is located within twenty feet of a driveway providing vehicular access to a shopping center, retail, or business establishment.

(5)

Public Transportation Vehicles and Stops. No person shall panhandle in any public transportation vehicle or within twenty feet of any designated or posted public transportation vehicle stop.

(6)

Gasoline Stations and Fuel Pumps. No person shall panhandle from an operator or occupant of a motor vehicle while such vehicle is stopped in a gasoline station or at a gasoline pump. This subsection (b)(6) shall not apply to panhandlings related to business authorized by and/or conducted by the property owner, business owner, or employees thereof on the premises.

(c)

No person shall panhandle in any place after dark. This section is not violated if a person who is panhandling is doing so:

(1)

On private property that is open to the public; and

(2)

With the express authorization of the owner, manager, or supervisor at the business operating at the property.

(Ord. No. 692, § 2, 1-19-2018)