Californians Against Solicitation in Traffic (CAST)

Californians Against Solicitation in Traffic

• SOLICITING AND STANDING ON MEDIANS ORDINANCE

• Purpose.

The purpose of this ordinance is to address safety concerns caused by persons standing, sitting and soliciting on medians and near intersections and commercial driveways in close proximity to moving vehicles. It is the desire of this ordinance to protect the exercise of First Amendment rights of those persons engaged in soliciting while also minimizing the safety hazards of such solicitation when it is conducted in close proximity to moving vehicles. This ordinance aims to focus its regulatory power on the place and manner of the solicitation. Its aim is to regulate as narrowly as possible the locations where such solicitation is particularly unsafe in order to address the city's interest in preserving pedestrian and motorist safety, preventing traffic congestion and controlling vehicular traffic.

• Definitions.

A.

"Driveway" means the paved portion of a public street providing unobstructed passage from the roadway to an off street area used for driving, servicing, parking, or otherwise accommodating motor vehicles.

B.

"Median" shall mean paved or planted areas separating a street, or highway into two or more lanes or directions of travel.

C.

"Motor vehicle" shall mean any propelled vehicle or vehicle drawn by a power other than muscular power, other than a motorized wheelchair.

D.

"Commercial driveway" means the driveway to a shopping center, business, or commercial parking lot.

E.

"Sidewalk" shall mean a paved or planted path for pedestrians at the side of a road.

F.

"Soliciting" shall mean asking for money, contributions, business, or political support; or distributing written materials. Soliciting shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining that which is requested.

• Prohibited acts.

A.

No person shall solicit an operator or other occupant of a motor vehicle while such motor vehicle is 1) being driven or 2) idling on any lane of traffic, or on any street or highway on-ramp or off-ramp. Provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle.

B.

No person shall solicit while standing or sitting on a median, or on a street or sidewalk within one hundred feet from a stop sign or traffic signal; or within one hundred feet of a commercial driveway.

C.

No person shall remain on a median strip for longer than one traffic cycle, except that the median may be used as a place for pedestrian crossing in adherence to all applicable traffic laws.

• Penalties.

Before any law enforcement officer may cite or arrest a person under this ordinance, the officer must warn the person that his or her conduct is in violation of this ordinance and must give the person an opportunity to comply with the provisions of this ordinance. Any willful violation of the provisions of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction. If charged as an infraction, upon conviction, the violator shall be punished by a fine not to exceed fifty dollars. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than fifty dollars or more than one hundred dollars. Any person guilty of violating this ordinance three or more times in a twelve month period shall be guilty of a misdemeanor and shall be fined not less than three hundred dollars or more than five hundred dollars, or imprisoned in the county jail for a period no longer than three months.