§ 4-2.34. Locations Where Solicitation Is Prohibited.

(a)

Findings. The intent of the Modesto City Council in enacting this ordinance is to protect the public safety of the City of Modesto's residents and visitors against intrusive solicitation by imposing reasonable place restrictions while respecting the constitutional rights of free speech for all citizens. The Council finds that solicitation in certain locations throughout the City is extremely disturbing and dangerous to residents, visitors, and businesses and will contribute to the loss of access to public places due to fear and intimidation. Solicitation in specific locations near banks, automatic teller machines, and traffic intersections is especially threatening and dangerous to both persons and property. The Council further finds that solicitation from people in public places where they are a "captive audience" restricts residents' ability to decline or avoid solicitation. These public places include: public transportation vehicles and stops, public parking lots or structures, and indoor/outdoor dining areas. This law is timely and appropriate because current City laws and regulations do not address the aforementioned problems. The restrictions contained herein are narrowly tailored to serve a substantial government interest. The City of Modesto seeks to protect citizens from fear, intimidation and dangerous conditions that accompany certain kinds of solicitation that occurs in specific locations within the City.

(b)

Prohibition. Solicitation shall be prohibited when the person solicited is in any of the following locations:

(1)

Within twenty-five (25) feet of public transportation vehicles or facilities;

(2)

Motor vehicles that are located within one hundred (100) feet of any intersection controlled by an official traffic signal as set forth in Vehicle Code Section 21450;

(3)

Public parking lots or structures after sunset;

(4)

Indoor/Outdoor dining areas of restaurants;

(5)

Within twenty-five (25) feet of the entrance or exit of a bank during business hours or automatic teller machine during the time it is available for customer's use; and

(6)

Within twenty-five (25) feet of a group of five (5) or more persons waiting to gain admission to a place or vehicle, or waiting to purchase an admission ticket or item.

(c)

Violation.

(1)

The provisions of Title 1 Chapter 2.01 of this Code shall be applicable to all violations of this section.

(2)

Violation of this section shall constitute a misdemeanor.

(Added by Ord. 3300-C.S., § 2, effective 7-24-03)