(A) Purpose and findings.
(1) The purpose and intent of this section is to protect the safety and welfare of the general public and improve the quality of life and economic vitality of the City of Eureka by imposing reasonable restrictions on aggressive and obstructive conduct while respecting the constitutional rights of free speech and privacy for all citizens.
(2) Aggressive conduct typically includes using profane, offensive or abusive language or acts directed at another person, threats of physical contact, or the intentional blocking of the movement of a person or their bicycle or vehicle. The City Council finds that an increase in aggressive and obstructive conduct throughout the city has become disturbing and disruptive to persons and businesses and has contributed not only to the loss of access to and enjoyment of places open to the public, but has also created an enhanced sense of fear of intimidation, disorder, and apprehension.
(3) The City Council finds that aggressive or obstructive conduct is especially intimidating and threatening at or near banks, or in close proximity to automated teller machines. Such activity often carries with it an implicit threat to both persons and property.
(4) This law is timely and appropriate because current laws and city regulations are insufficient to address the aforementioned problems. In enacting this legislation, the City Council recognizes the availability of community service and other sentencing alternatives, which may be appropriate remedies for violations of this law. The goal of this law is to protect persons from the fear and intimidation resulting from certain kinds of aggressive or obstructive conduct.
(B) Applications.
(1) The provisions of this section apply generally to all property throughout the City of Eureka wherein any of the conditions specified are found to exist; provided, however, that any conduct or condition which would otherwise be deemed a violation of this section, but which is permitted or authorized under any state or federal law, including state or federal constitutional provisions, is not a violation of this section.
(C) Definitions. For purposes of this chapter, the following words, terms and phrases have these definitions:
AGGRESSIVE CONDUCT. Means any of the following:
(a) Conduct intended or likely to cause a reasonable person to fear bodily harm to themselves or to another, damage to or loss of property, or otherwise to be intimidated into giving money or other thing of value;
(b) Intentionally touching or causing physical contact or threatening physical contact with another person without that person's consent;
(c) Persisting in closely following, approaching, or accosting a person after that person has informed the person following, approaching or accosting that they do not want to be followed, approached or accosted;
(d) Using threatening gestures toward a person; or
(e) Using profane, offensive or abusive language towards a person in order to cause fear or intimidation, or which is likely to provoke an immediate violent or fearful reaction; or
(f) Conduct in violation of the California Vehicle Code, including for example but not by way of limitation, violations such as the pedestrian conduct prohibited by Cal. Veh. Code Sections 21950, 21954, 21955, 21957, 21964, or 21966.
AUTOMATED TELLER MACHINE (ATM). Any electronic information-processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account.
AUTOMATED TELLER MACHINE FACILITY. The area comprised of one or more automated teller machines, and any adjacent space, which is made available to banking customers after regular banking hours.
BANK. 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.
CREDIT UNION. Any federal credit union and any state- chartered credit union, where accounts are insured by the Administrator of the National Credit Union.
DRIVEWAY. A lane of travel that is the transition from a public roadway to a public or private parking lot, drive-through facility or loading facility.
FINANCIAL INSTITUTION. Any of the following as defined herein: bank, savings and loan association and/or credit union.
OBSTRUCTIVE CONDUCT. Intentional blocking or disruption, whether by personal positioning or the use of physical objects, of traffic, pedestrians, wheel chairs or bicycles on public roadways, crosswalks, sidewalks, driveways, entrances to businesses or public buildings, bicycle lanes, bicycle paths or recreational trails.
PUBLIC PLACE or PLACE OPEN TO THE PUBLIC. A place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, crosswalk, street or highway median, pedestrian safety island, parking lot, plaza, transportation facility, public transportation vehicle, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, apartment house or hotel not constituting a room or apartment designed for actual residence, and including any area within 15 feet of the entrance or exit of a financial institution or any area within 15 feet of an automated teller machine or the entrance or exit of an automated teller machine facility.
SAVINGS AND LOAN ASSOCIATION. 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.
(D) Prohibited conduct.
(1) No person may engage in aggressive conduct in any public place or place open to the public.
(2) No person may engage in obstructive conduct in any public place or place open to the public.
(E) Penalty and severability.
(1) Any person who violates any provision of the section is subject to the provisions of § 10.99. Each violation of this section is a separate offense. A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney's discretion.
(2) The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this section, or the invalidity of the application thereof to any person or circumstance does not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances.
(Ord. 897-C.S., passed 1-21-20) Penalty, see § 130.99