9.54.030 Manner of Solicitation.

   A person may not solicit:

   A.   By coming within three feet of the person solicited, until that person has indicated that he or she wishes to make a donation;

   B.   By intentionally blocking or interfering with the passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

   C.   By following a person who walks or moves away from the solicitor;

   D.   By intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting;

   E.   By using violent or threatening gestures toward a person solicited either before, during, or after soliciting;

   F.   By using profane or abusive language, either during the solicitation or following a refusal to make a donation;

   G.   As part of a group of two or more solicitors; or

   H.   While under the influence of alcohol or any illegal narcotic or controlled substance.

(Ord. 2265)

9.54.040 Deceptive Solicitation.

   A person may not knowingly solicit a donation stating that the money is needed for a specific purpose and then spend the money received for a different purpose, or make any false or misleading representation in the course of soliciting including, but are not limited to, stating that:

   A.   The donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;

   B.   The donation is needed to meet a need which does not exist;

   C.   The solicitor is from out of town and stranded, when that is not true;

   D.   The solicitor is homeless, when that is not true;

   E.   The solicitor is soliciting on behalf of an organization which does not exist or which has not authorized the solicitor to seek donations on its behalf; or

   F.   The solicitor is a veteran of the United States Armed Forces, when that is not true.

(Ord. 2265)

9.54.050 Signage prohibiting aggressive and deceptive solicitation in private parking areas.

   An owner of a private parking area may prohibit aggressive and deceptive solicitation on the property by posting a sign in plain view at or near each driveway and pedestrian entrance which sets forth such prohibition substantially in the following form:

      “Aggressive or deceptive solicitation is prohibited. Violations are punishable pursuant to Chapter 9.54 of the Chico Municipal Code.”

   Each sign shall not be less than 17 inches by 22 inches in size and shall contain lettering at least one inch in height. Such sign shall be mounted, so that the lower edge of the sign is at least four feet and the top edge does not exceed seven feet, above ground level.

(Ord. 2265)

9.54.060 Exempt Activities.

   This chapter does not apply to:

   A.   Activity governed by Chapter 9.52 of this code, entitled “Soliciting Trade”; or

   B.   The exercise of protected free speech.

(Ord. 2265)

9.54.070 Construction.

   Nothing in this chapter shall be deemed to enlarge or diminish the right of any person who owns or possesses real property to control access to or use of that property with respect to the conduct regulated by this chapter.

(Ord. 2265)