O1741
CA:MJM:muni\laws\mjm\panhand
city Council Meeting 5-10-94 Santa Monica, California
ORDINANCE NUMBER 1741 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4.08.740
TO THE MUNICIPAL CODE PROHIBITING AGGRESSIVE SOLICITATION
WHEREAS, all persons in the City of Santa Monica share the
common right to make lawful use of the City's streets, sidewalks,
and other public places; and
WHEREAS, solicitation which intimidates and menaces others
hinders the free exercise of that right and thereby impairs the
public welfare,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1.
section 4.08.740 is added to the Santa Monica
Municipal Code to read as follows:
SECTION
4.08.740.
Aggressive
Solicitation - Prohibited.
(a) It shall be unlawful for any person
to solicit by harassing or menacing another
person on a public street or sidewalk or in
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another place open to the public, whether
publicly or privately owned.
(b) For purposes of this Article:
(1) "Solicit" means to ask another
by word or gesture for money or for some other
thing of value.
(2) II Solici t by harassing or
menacing II means to do any of the following
while soliciting:
a. Block or impede the
passage of the solicitee intentionally;
b. Touch the solici tee with
words
the intent to intimidate or coerce;
c. Follow the solicitee,
going behind, ahead or along side of him or
her, with the intent to intimidate or coerce;
d. Threaten the solicitee, by
word or gesture, with physical harm; or
e. Abuse the solicitee with
are offensive and inherently
provoke an immediate violent
likely
which
to
reaction.
(c) Any person violating the provisions
of this Section shall be guilty of a
misdemeanor and upon conviction shall be fined
an amount not to exceed Five Hundred Dollars
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($500.00) or be imprisoned for a period not.to
exceed six months or both.
SECTION 2. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, are
hereby repealed or modified to that extent necessary to affect the
provisions of this Ordinance.
SECTION 3.
If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
jurisdiction, .such decision shall not affect the validity of the
remaining portions of this Ordinance. The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall cause
the same to be published once in the official newspaper within 15
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days after its adoption.
This ordinance shall become effective
after 30 days from its adoption.
APPROVED AS TO FORM:
I1Lu-SL.~:JuaL~
MARSHA JONES OUTRIE
city Attorney
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Adopted and approved this 10th day of May, 1994.
Cjb' ItA
Mayor
I hereby certify that the foregoing Ordinance No. 1741 (CCS) was duly and regularly
adopted at a meeting of the City Council on the 10th day of May, 1994; by the following
Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein,
Vazquez
Noes:
Councilmembers:
None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
h //'/.---
_ ~! [lU(?P ! /i5-7f~t-~ "-
City Clerk