5-21.3 All Panhandling, Asking or Begging Prohibited at Specific Locations.
a. Banks and ATMs. No person shall panhandle, ask or beg within fifteen (15') feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within fifteen (15') feet of any automated teller machine during the time it is available for customers’ use. Provided, however that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall panhandle, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be construed to prohibit (1) the lawful vending of goods and services within such areas, or (2) panhandling, asking or begging within the restricted area after obtaining the permission of the owner or tenant.
1. Definitions. For purposes of this section:
(a) Bank means any member 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.
(b) 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.
(c) 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.
(d) Check cashing business means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with section 12000.
(e) Automated teller machine shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.
(f) Automated teller machine facility shall mean 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.
2. Exemptions. The provisions of paragraph a. shall not apply to any unenclosed automated teller machine located within any building, structure, or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports, and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure, or space in which such machine is located.
b. Entrances and Exits to Any Building. No person shall panhandle, ask or beg within five (5') feet of any entrance into or exit from any building open to the public other than those buildings subject to paragraph a,1 above. (This prohibition shall not apply if the owner or tenant of the building grants permission to panhandle, ask or beg within the restricted area.)
c. Motor Vehicles and Parking Lots.
1. Motor Vehicles. No person shall approach an operator or occupant of a motor vehicle for the purpose of panhandling, asking or begging while such vehicle is located in any public place.
2. Parking Lots. No person shall panhandle, ask or beg in any public parking lot or structure any time after dark. “After dark” means any time from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise.
3. Exemptions. Paragraph c. shall not apply to any of the following:
(a) To panhandling related to business which is being conducted on the subject premises by the owner or lawful tenants;
(b) To panhandling related to the lawful towing of a vehicle; or
(c) To panhandling related to emergency repairs requested by the operator or other occupant of a vehicle.
d. Public Transportation Vehicles and Stops.
1. Public transportation vehicle shall mean any vehicle, including a trailer bus, designed, used or maintained for carrying ten (10') or more persons, including the driver, and used to carry passengers for hire.
2. Any person who panhandles, asks or begs in any public transportation vehicle, or within ten (10') feet of any designated or posted public transportation vehicle stop, is guilty of a violation of this subsection if:
(a) He or she remains there after being asked to leave by the owner, driver, or operator of a public transportation vehicle; the agent of the owner, driver, or operator of a public transportation vehicle; the owner or manager of a public transportation facility; the agent of the owner or manager of a public transportation facility; a member of a security force employed by the public transportation facility; or by a peace officer, as defined in Chapter 4.5 of Title 3 of the California Penal Code (commencing with Pen. Code, 830); or
(b) Within the immediately preceding thirty (30) days, he or she engaged in panhandling at that location and had been asked to leave by a person specified in paragraph d.2(a) above.
(c) Paragraph d.2(b) is not violated if a person who has been requested to leave enters a property within the designated period and panhandles, asks or begs with the express authorization of a person specified in paragraph d,2(a).
e. Restaurants. Any person who panhandles, asks or begs in any outdoor or indoor area of a restaurant or other establishment serving food for immediate consumption is guilty of a violation of this section if:
1. He or she remains there after being asked to leave by the owner, manager or supervisor of the restaurant; a member of a security force employed by the restaurant; or by a peace officer, as defined in Chapter 4.5 of Title 3 of the California Penal Code (commencing with Pen. Code 830), acting at the request of any persons specified in this subdivision; or
2. Within the immediately preceding thirty (30) days, he or she engaged in panhandling at that location and had been asked to leave by a person specified in paragraph e.1 above.
3. Paragraph e,2 is not violated if a person who has been requested to leave enters the property within the designated period and panhandles, asks or begs with the express authorization of a person specified in paragraph e,1.
f. 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 ($500.00) dollars or imprisoned for a period not to exceed six (6) months, or both. (Ord. #2012-154)