(A) Aggressive or intimidating acts by panhandlers soliciting money or other things of value from persons upon public property, or upon private property open to the public, imperils the safety of residents, visitors and tourists within the city. Such acts further constitute coercion to obtain contributions from persons who do not desire to make, and would not otherwise freely make, such contributions in the absence of such aggressive or intimidating conduct. Such conduct further jeopardizes the city's economy by discouraging visitors, tourists and prospective customers from coming to San Gabriel for business, recreation and shopping. Such conduct also threatens to drive city residents to places outside of San Gabriel for their recreation and shopping activities. Such conduct further undermines the public's basic right to be in and enjoy public places without fear that they will be pursued or intimidated by persons seeking handouts. Further, 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.
(B) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE MANNER.
(a) Approaching, speaking to, or following a person 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
(b) Touching another person without such person's consent in the course of asking, begging or soliciting alms; or
(c) Continuing to ask, beg, or solicit alms from a person after such person has made a negative response or otherwise indicated a desire not to contribute; or
(d) Intentionally blocking or interfering with the safe or free passage of the person solicited by any means, including causing such person to take evasive action to avoid physical contact or preventing such person from departing the location of the solicitation; or
(e) Intentionally following the person solicited, without such person's consent, for the purpose of continuing to ask, beg or solicit alms after such person has made a negative response or indicated a desire not to contribute; or
(f) Making any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat of bodily harm; or
(g) Rendering 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
(h) Intentionally 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
(i) Intentionally 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.
ASK, BEG, OR SOLICIT ALMS. Includes the spoken, written, or printed word or such other act conducted for the purpose of obtaining an immediate donation of money or thing of value, whether for personal use, or as a charitable contribution to any individual or organization, or for any other purpose.
(C) 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, and the grounds around or enclosed by buildings.
(D) Exemptions. Nothing contained in this chapter shall be deemed to prohibit any act which is otherwise expressly permitted or prohibited by law. Nothing contained in this chapter shall be deemed to permit any act which is otherwise prohibited by law.
(E) Violations. A violation of any provision of this chapter shall be deemed a misdemeanor punishable as set forth in Cal. Gov’t Code § 36900, or any successor provision thereto.
(F) Penalty. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. A violation of any of the provisions of failing to comply with any of the mandatory requirements of this section shall constitute a misdemeanor; except that notwithstanding any other provision of this chapter, any such violation constituting a misdemeanor under this section may, at the discretion of the City Attorney or the citing officer on the scene, be charged and prosecuted as an infraction.
(Ord. 688, passed 5-2-23)