5406FOLLOWS:
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ORDINANCE NO. 5406
AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING NEW CHAPTER 7.30 TO TITLE 7 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO
AGGRESSIVE PANHANDLING
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That new Chapter 7.30 be, and the same is hereby, added
to Title 7 of the Anaheim Municipal Code, to read as follows:
"CHAPTER 7.30
AGGRESSIVE PANHANDLING
7.30.010 INTENT.
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 of Anaheim. 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 Anaheim for business,
recreation and shopping. Such conduct also threatens to
drive City residents to places outside of Anaheim 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.
7.30.020 DEFINITIONS.
For purposes of this Chapter, the
following words and terms shall have the following meanings:
.010 "Aggressive manner" means:
(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
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(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.
F
.020 "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.
7.30.030 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.
7.30.040 EXEMPTIONS.
.010 Nothing contained in this chapter shall
be deemed to prohibit any act which is otherwise expressly
permitted or prohibited by law.
.020 Nothing contained in this chapter shall
be deemed to permit any act which is otherwise prohibited by
law.
7.30.050 PENALTIES.
A violation of any provision of this
chapter shall be deemed an infraction punishable as set
forth in Section 36900 of the Government Code of the State
of California, or any successor provision thereto.
7.30.060 OPERATION OF CHAPTER.
It is acknowledged that acts prohibited
by this chapter are prohibited pursuant to subdivision (c)
of Section 647 of the Penal Code of the State of California
(hereinafter "Section 647[c]"). In the event said Section
647(c) is valid and enforceable, said Section 647(c) would
preempt the provisions of this chapter. However, Section
647(c) has been held unconstitutional, invalid and
unenforceable by the United States District Court in the
case of Blair v. Shanahan (N.D. Cal. 1991) 775 F. Supp.
1315. Conversely, Section 647(c) has been held to be
constitutional, valid and enforceable by the California
state courts (Ulmer v. Municipal Court [1976] 55 Cal. App.
3d 263, 127 Cal. Rptr. 445; People v. Zimmerman [1993] 19
Cal. Rptr. 2d 286). The operation of this chapter is
necessary and appropriate only if Section 647(c) is invalid
and unenforceable.
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For the aforesaid reasons, this chapter
shall be and remain in full force and effect; except,
however, in the event any court of competent jurisdiction in
any civil or criminal proceeding where the validity of any
provision of this chapter is at issue determines that
Section 647(c) is valid and enforceable, then and only then
shall this chapter be deemed inoperative and of no force or
effect for purposes of such proceeding."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 2nd day of
November , 1993.
' d
MAYOR OF THE CiTY OF EIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
JWL:lm
4137.1\JWHITE\0ctober 20, 1993 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5406
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of October,
1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd
day of November, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Simpson, Daly
NOES: COUNCIL MEMBERS: Hunter
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5406 on the 3rd day
of November, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd
day of November, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5406 and was published once in the Anaheim Bulletin on the 11th day of November, 1993.
CITY CLERK OF THE CITY OF ANAHEIM