§ 133.02 DEFINITIONS.
   Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of words and phrases used in this chapter:
   AFTER DARK means any time from one-half hour after sunset to one-half hour before sunrise.
   AGGRESSIVE MANNER means any of the following:
      (1)   Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to:
         (a)   Fear bodily harm to oneself or to another, damage to or loss of property, or
         (b)   Otherwise be intimidated into giving money or other thing of value;
      (2)   Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging;
      (3)   Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle, by any means, or the blocking or interfering with pedestrian or vehicular access to any building, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact or to gain entrance to a building;
      (4)   Using violent or threatening gestures toward a person solicited either before, during or after soliciting, asking, or begging;
      (5)   Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or
      (6)   Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.
   AUTOMATED TELLER MACHINE means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.
   AUTOMATED TELLER MACHINE FACILITY means 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 means 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.
   CHECK CASHING BUSINESS means any person duly licensed as a check seller, bill payer, or prorater pursuant to Cal. Fin. Code §§ 12000 et seq.
   COMMERCIAL PARKING AREA means privately owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments.
   CREDIT UNION means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.
   PUBLIC PLACE means a place to which the public or a substantial group of persons has access, including, without limitation, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby, and other portion of any business establishment, an apartment house, or hotel not constituting a room or apartment designed for actual residence.
   PUBLIC TRANSPORTATION VEHICLE means any vehicle, including a trailer bus, designed, used or maintained for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire.
   SAVINGS AND LOAN ASSOCIATION means 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 2 of the Federal Credit Union Act, as may be amended from time to time.
   SOLICIT, ASK, OR BEG includes using the spoken, written, or printed word, or bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting he sale of goods or services. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this chapter.
(Ord. 1229, passed 6-21-10)