HomeMy WebLinkAboutG. 9 - Aggressive SolicitationAGRESSIVE SOLICITATON
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2030 Vision Goal
City of
Grand Terrace
Goal #2, Maintain Public Safety
AN ORDINANCE ADDRESSING AGGRESSIVE SOLICITATION
City of
Grand Terrace Background
There has been an increase in complaints from residents and
businesses regarding aggressive solicitation in public areas.
These complaints typically involve individuals approaching
pedestrians or motorists in a manner that is perceived as
intimidating, obstructive, or disruptive to the normal use of
public spaces.
Examples:
• Approaching vehicles in traffic lanes or intersections
• Repeated solicitation after a refusal
• Following pedestrians
• Solicitation occurring near sensitive locations such as
transit stops, and retail entrances.
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City of
Grand Terrace Background cont.
Solicitation itself is generally protected as expressive activity under the First
Amendment of the United States Constitution
Courts have consistently recognized that local governments may impose
reasonable restrictions as to time, place, and manner restrictions in order to
protect public safety, maintain traffic flow, and prevent intimidation or
harassment.
The proposed ordinance is intended to address aggressive forms of solicitation
while preserving the constitutional rights of individuals to engage in lawful
expressive activity.
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City of
Grand Terrace
The ordinance would add Chapter 9.37 – Aggressive Solicitation to the Grand
Terrace Municipal Code. The chapter establishes definitions, behavioral
standards, and location-based restrictions designed to prevent intimidation,
obstruction, and unsafe interactions between solicitors and the public.
Discussion
City of
Grand Terrace
1.Prohibition of Aggressive Solicitation which focus on conduct, rather
than the message or purpose and includes behaviors such as:
•Intentionally making unwanted physical contact
•Following a person while soliciting
•Continuing to solicit after a person has declined
•Blocking pedestrian or vehicular movement
•Using threatening or intimidating language or gestures
Discussion
Key Provisions
City of
Grand Terrace
Restricts solicitation in certain locations where traffic hazards, safety risks,
heightened fear of crime, or safety concerns exist:
•Within 25 feet of ATMs, banks, or check-cashing businesses
•Within 25 feet of bus stops or transit vehicles
•Within public parking garages
•From occupants of vehicles in traffic
•On private property which has posted signage prohibiting solicitation
Discussion
Key Provisions
City of
Grand Terrace
The ordinance is therefore structured as a content-neutral regulation
focusing on behavior and location rather than the content of speechand
expressly states that it is not intended to restrict:
•Constitutionally protected free speech
•Lawful commercial activity
•Authorized business activities conducted by property owners or tenants
•Emergency vehicle repair assistance
Constitutional Safeguards
City of
Grand Terrace
Enforcement flexibility allows officers to address minor violations
proportionately while preserving stronger penalties for repeated or serious
violations. Violations of the ordinance may be prosecuted as either:
An infraction, or
A misdemeanor
This is consistent with the City’s general penalty provisions and applicable
sections of the California Penal Code.
Enforcement
City of
Grand Terrace
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Adoption of the ordinance will provide the City with necessary
tools to address complaints from residents and businesses
regarding aggressive solicitation occurring in public areas.
RECOMMENDATION
Staff recommends that the City Council introduce, move for adoption and waive full
reading of an ordinance adding Chapter 9.37 (Aggressive Solicitation) to Title 9
(Public Peace, Morals and Welfare) of the Grand Terrace Municipal Code establishing
reasonable time, place, and manner restrictions on aggressive solicitation within the
City.