Chapter 9.10
AGGRESSIVE SOLICITATION

Sections:

9.10.010 Definitions.

9.10.020 Time of solicitation.

9.10.030 Place of solicitation.

9.10.040 Manner of solicitation.

9.10.050 False or misleading solicitation.

9.10.060 Misdemeanor.

9.10.010 DEFINITIONS.

For the purposes of this chapter:

(a) “Solicitation” means any verbal request, or any non-verbal request made with a sign, by a person seeking an immediate donation of money, food, cigarettes or items of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this chapter. A person is not soliciting for purposes of this chapter when he or she passively displays a sign or places a collection container on the sidewalk pursuant to which he or she receives monetary offerings in appreciation for entertainment or a street performance he or she provides. This chapter does not apply to peddling and soliciting activity governed by Chapter 5.40 of this code.

(b) “Person” means and includes both individual persons and organizations.

(Ord. 2002-51 § 1, 2002: Ord. 2002-39 § 1, 2002: Ord. 2002-32 § 1, 2002: Ord. 94-10 § 1 (part), 1994).
9.10.020 TIME OF SOLICITATION.

Any person who solicits after sunset or before sunrise is guilty of an infraction.

(Ord. 94-10 § 1 (part), 1994).
9.10.030 PLACE OF SOLICITATION.

Any person who solicits in any of the following places, or any person who solicits when the person solicited is in any of the following places, is guilty of an infraction:

(a) At any bus stop;

(b) In any public transportation vehicle or facility;

(c) In any vehicle on the street;

(d) On private property, unless the solicitor has permission from the owner or tenant;

(e) Within fourteen feet of any entranceway into or exit from any building open to the public other than those referenced in subsection (f) of this section. Where any such entranceway or exit is recessed from the public sidewalk, the fourteen feet shall be measured from the point at which the building abuts the sidewalk;

f) Within fifty feet of any bank, savings and loan, or other financial institution buildings, including their outdoor automatic teller machines;

(g) In the parking lot of any bank, savings and loan, or other financial institution;

(h) Within fifty feet of all cash disbursal machines, outdoor vending machines, outdoor money changing machines, or any other outdoor machine or device which disburses or accepts coins or paper currency, except parking meters and newspaper vending machines;

(i) Within fourteen feet of the face of any building not otherwise specifically referenced in this section or within fourteen feet of any fence or other structure separating private property from the public right-of-way, other than cyclone fences between vacant lots and the public right of way;

(j) While seated on or leaning against any public bench, planter, monument or other public property;

(k) While seated on or leaning against privately owned property without the property owner’s or tenant’s permission;

(l) Within fourteen feet of any crosswalk.

(Ord. 2002-39 § 2, 2002: Ord. 2002-32 § 2, 2002: Ord. 94-10 § 1 (part), 1994).
9.10.040 MANNER OF SOLICITATION.

Any person who solicits in any of the following manners is guilty of an infraction:

(a) By coming within three feet of the person solicited, until that person has indicated that he or she wishes to make a donation;

(b) By blocking the path of the person solicited, or other pedestrians, along a sidewalk or street;

(c) By following a person who walks away from the solicitor;

(d) By using abusive language as part of the solicitation or following a refusal that is directed at the specific individual or individuals being solicited;

(e) By soliciting in a group of two or more persons; or

(f) While under the influence of alcohol or any illegal narcotic or controlled substance.

(Ord. 2006-06 § 1, 2006: Ord. 94-10 § 1 (part), 1994).
9.10.050 FALSE OR MISLEADING SOLICITATION.

(a) Any person who knowingly makes any false or misleading representation in the course of soliciting a donation is guilty of an infraction. False or misleading representations include, but are not limited to, the following:

(1) Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;

(2) Stating that the donation is needed to meet a need which does not exist;

(3) Stating that the solicitor is from out of town and stranded, when that is not true;

(4) Stating that the solicitor is homeless, when he or she is not;

(5) Stating that the solicitor is soliciting on behalf of an organization which does not exist or which has not authorized the solicitor to seek donations on its behalf.

(b) Any person who knowingly solicits a donation stating that the funds are needed for a specific purpose and then spends the funds received for a different purpose is guilty of an infraction.

(Ord. 94-10 § 1 (part), 1994).
9.10.060 MISDEMEANOR.

Any person who violates one or more of the sections of this chapter twice within a six-month period is guilty of a misdemeanor.

(Ord. 94-10 § 1 (part), 1994).

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Chapter 5.43
NONCOMMERCIAL USE OF CITY STREETS AND SIDEWALKS FOR SALES AND SOLICITATION*

* Editor’s Note: Chapter 5.43, Non-Commercial Use of the Pacific Avenue Garden Mall for Sales and Solicitation adopted by Ordinance81-33 was repealed by Ordinance94-13 adopted March 8, 1994. Also previously contained herein were parts of Ords.85-12 and 83-20.

Sections:

5.43.000 Definitions.

5.43.010 Conditions of use.

5.43.020 Prohibited locations.

5.43.025 Display or sale of merchandise prohibited.

5.43.030 Noncommercial use of benches and street furniture.

5.43.040 Violations.

5.43.000 DEFINITIONS.

For purposes of this chapter, certain words and phrases are defined as follows:

(a) “Noncommercial use” means any political, civic, religious or other public service or charitable activity, including speech, or the distribution of literature, whether or not such activity is conducted with the assistance of a display device, and where the use is conducted for either the sale of merchandise or the solicitation of donations.

(b) “Display device” means a table, rack, chair, box, cloth, stand, or any container, structure or other object used or capable of being used for holding or displaying tangible things, together with any associated seating facilities; “display device” does not include any street furniture such as benches or planters, or any other structure permanently installed by the city of Santa Cruz or with the consent of the city of Santa Cruz, or newsracks placed in conformity with the provisions of this code regulating newsracks.

(Ord. 94-13 § 2 (part), 1994).
5.43.010 CONDITIONS OF USE.

Persons may place, erect, or maintain a display device for noncommercial use on any public sidewalk only as provided in this chapter. A display device may not exceed six feet by three feet in size. A display device may not exceed six feet in height.

(Ord. 94-13 § 2 (part), 1994).
5.43.020 PROHIBITED LOCATIONS.

(1) In order to assure safe, orderly and adequate public access and pedestrian traffic on city streets and sidewalks, no display device shall be placed in any of the following locations in the C-C Community Commercial; C-N Neighborhood Commercial; C-B Commercial Beach; CBD Central Business District; and R-T Tourist Residential zone districts:

(a) Within ten feet of any building entrance or fence or other structure separating private property from the public right-of-way other than cyclone fences between vacant lots and the public right-of-way, or ten feet directly in front of any window. Where any such entrance or window is recessed from the public sidewalk, the ten feet shall be measured from the point at which the building abuts the sidewalk;

(b) Within ten feet of any street corner or intersection;

(c) Within ten feet of any kiosk or mid-block crosswalk;

(d) Within ten feet of any drinking fountain, public telephone or bench;

(e) Within any portion of the sidewalk between the license-area limit line of any sidewalk cafe or other open-air eating establishment and the curb of the sidewalk and in no other location within ten feet of any such license-area limit line; or

(f) Within ten feet of any vending cart.

(2) No person shall allow a display device to remain in the same location on the sidewalk for a period of time exceeding one hour. After one hour the person who placed the display device on the sidewalk shall not place a display device on the sidewalk within 100 feet of the original display device location. After one hour the person who placed the display device shall not place a display device in the original display device location, or within 100 feet of the original display device location, for twenty-four hours.

(3) No person shall be cited under this section unless he or she has first been notified by a public officer or downtown host that he or she is in violation of the prohibition in this section, and thereafter continues the violation.

(Ord. 2002-49 § 1, 2002: Ord. 94-21 § 1, 1994: Ord. 94-13 § 2 (part), 1994).
5.43.021 EXEMPT ZONES.

Notwithstanding the distance restrictions set forth in Section 5.43.020 the city council by resolution may from time to time designate exempt zones where display devices may be placed on city streets and sidewalks at locations where placement would ordinarily be prohibited by Section 5.43.020. In designating an exempt zone the city council shall first determine that the placement of display devices in the exempt zone will not impede or interfere with the safe, orderly and adequate public access and pedestrian traffic on city streets and sidewalks.

(Ord. 2002-50 § 2 (part), 2002).
5.43.025 DISPLAY OR SALE OF MERCHANDISE PROHIBITED.

Notwithstanding any other provision of this chapter or this code, it shall be unlawful for any person or organization to display, sell, offer for sale, rent, offer for rent, or offer in exchange for a donation, goods, wares, merchandise, foodstuffs, refreshments, or other kinds of property or services in the following areas:

(a) On West Cliff Drive between Columbia Street and Beach Street;

(b) On Beach Street between West Cliff Drive and Third Street;

(c) On the vehicle and pedestrian thoroughfares of the Santa Cruz Municipal Wharf or on the Municipal Wharf’s South End, Commons, and Agora;

(d) On the parcel of property abutting the ocean side of Beach Street between Westbrook and Cliff Streets (Assessor’s Parcel No. 05-341-03);

(e) On the Beach Street Promenade Deck.

This section shall not be construed as prohibiting commercial events or noncommercial events in the foregoing designated areas which are conducted pursuant to, and in accordance with, Chapter 10.64 and 10.65 of this code.

(Ord. 96-19 § 2, 1996).
5.43.030 NONCOMMERCIAL USE OF BENCHES AND STREET FURNITURE.

No person, after having been notified by a law enforcement officer that he or she is in violation of the prohibition in this section, shall use any street furniture, including any bench, planter, utility cabinet or other street furniture or structure permanently installed on public property, for the display of anything whatsoever for any noncommercial purpose, nor shall they otherwise put such bench, planter, utility cabinet, street furniture or structure to a noncommercial use.

(Ord. 94-21 § 2, 1994: Ord. 94-13 § 2 (part), 1994).
5.43.040 VIOLATIONS.

Any person who erects, maintains, uses or causes to be erected, maintained or used any display device or conducts a noncommercial use in violation of this chapter is guilty of an infraction for the first offense. Any subsequent violation occurring within six months after the first violation shall constitute a misdemeanor. In addition to any other available remedies and penalties, any violation(s) shall be subject to the remedies and penalties provided for in Chapter 1.08 of this code.

(Ord. 94-13 § 2 (part), 1994).

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Chapter 9.50
CONDUCT ON PUBLIC PROPERTY

Sections:

9.50.005 Definitions.

9.50.010 Obstruction of movement in public ways.

9.50.011 Lying down on public sidewalks in designated city zones.

9.50.012 Sitting down on sidewalks in designated city zones.

9.50.014 Exemptions to Sections 9.50.010, 9.50.011 and 9.50.012.

9.50.016 Public defecation and urination prohibited.

9.50.020 Conduct on public property, monuments, and lawns.

9.50.030 Abuse or mutilation of trees, plants and lawn.

9.50.040 Repealed by Ord. 79-40 § 1.

9.50.050 Smoking on public property.

9.50.070 Subsequent offense within thirty days.

9.50.100 Repealed by Ord. 84-67 § 2.

9.50.005 DEFINITIONS.

(a) The definitions set forth in this section apply to Section 9.50.010 and to any other section where these definitions are incorporated by reference, either expressly or by implication.

(b) Public Place. “Public place” includes any of the following:

(1) Any area inside a city or school district building;

(2) Any enclosed area outdoors which is owned or occupied by the city of Santa Cruz and used for public purposes, or which is owned or occupied by a public school district;

(3) Any unenclosed area outdoors, whether such area is publicly or privately owned or occupied, to which the general public has access and to which, by right or by express or implied invitation, the general public may resort for business, pleasure, or other lawful purpose; this category includes, but is not limited to, publicly owned open areas such as streets, sidewalks, parks, beaches, and open areas that may be either public or privately owned, such as entrance ways, alcoves, yards, and parking lots;

(4) Any privately owned walkway, whether enclosed or unenclosed, which is open to the general public and which, among its principal purposes, serves to allow pedestrians to pass through or over the premises, without regard to the pedestrian’s destination;

(5) Outdoor parking lots, whether publicly or privately owned, which are adjacent to streets, sidewalks or other public places open to the general public.

(c) Public Way. “Public way” means any public place or portion of a public place which serves primarily for the movement of pedestrian, vehicular, or bicycle traffic from one area to another; “public way” includes, but is not limited to, streets, sidewalks, bicycle paths, covered or enclosed walkways for pedestrians, and portions of the municipal wharf set aside for pedestrian or vehicular traffic.

(d) Enclosed Area. “Enclosed area” means an area which is substantially surrounded by a fence, ditch, wall or other barrier so as to limit access to a relatively few points around the area.

(e) City Building. “City building” means any building which is owned or occupied by the city of Santa Cruz or any of its agencies and which is used for public purposes.

(f) School District Building. “School district building” means any building which is owned or occupied by a public school district and which is used for public purposes.

(Ord. 80-17 § 1, 1980).
9.50.010 OBSTRUCTION OF MOVEMENT IN PUBLIC WAYS.

No person shall occupy any portion of a public way or public place so as to obstruct or interfere with the flow of pedestrian or vehicular traffic thereon, whether such person does so alone or together with one or more persons, or with equipment or personal property of any nature, and whether such person does so by standing, sitting, lying, or in any other manner.

(Ord. 94-50 § 1, 1994: Ord. 94-09 § 2, 1994: Ord. 80-17 § 2, 1980; Ord. 69-14 § 1 (part), 1969).
9.50.011 LYING DOWN ON PUBLIC SIDEWALKS IN DESIGNATED CITY ZONES.

No person shall lie down upon a public sidewalk or sidewalk curb in the following zone districts: C-C community commercial, C-N neighborhood commercial, C-B commercial beach, CBD central business district, and R-T tourist residential.

(Ord. 94-50 § 2, 1994: Ord. 94-41 § 1, 1994).
9.50.012 SITTING DOWN ON SIDEWALKS IN DESIGNATED CITY ZONES.

In the C-C community commercial, C-N neighborhood commercial, C-B commercial beach, CBD central business district, and R-T tourist residential zoning districts, no person shall sit upon the following enumerated portions of a public sidewalk:

(a) Within fourteen feet of any entranceway into or exit from a building;

(b) Within fourteen feet of any building window;

(c) Within fourteen feet of any drinking fountain or public telephone;

(d) Within fifty feet of any cash disbursal machine, outdoor vending machine, outdoor money-changing machine, or any other outdoor machine or device which disburses or accepts coins or paper currency, except parking meters and newspaper vending machines;

(e) Within fourteen feet of any open air dining area or cafe extension.

(Ord. 2002-33 § 1, 2002: Ord. 94-50 § 3, 1994: Ord. 94-41 § 2, 1994: Ord. 94-09 § 3, 1994).
9.50.014 EXEMPTIONS TO SECTIONS 9.50.010, 9.50.011 AND 9.50.012.

Sections 9.50.010, 9.50.011 and 9.50.012 shall not apply in the following cases and to the following persons:

(a) Persons standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance or similar event permitted under the provisions of this code;

(b) Any conduct which is in conformity with the terms of any permit granted pursuant to this code;

(c) Any conduct in public places that are privately owned where such conduct is in conformity with permission granted by the owner of said premises or by the person entitled to the possession of said premises;

(d) Persons sitting or lying down due to a medical emergency;

(e) Persons who, as the result of a disability, utilize a wheelchair or similar device to move about;

(f) Persons who place chairs or stools on public sidewalks in conjunction with display devices or noncommercial uses permitted under Chapter 5.43 of this code.

(Ord. 94-50 § 4, 1994: Ord. 94-41 § 3, 1994: Ord. 94-09 § 4, 1994).
9.50.016 PUBLIC URINATION AND DEFECATION PROHIBITED.

No person shall urinate or defecate in public except when using a urinal, toilet or commode located in a bathroom, restroom or other structure enclosed from public view.

(Ord. 94-09 § 6, 1994).
9.50.020 CONDUCT ON PUBLIC PROPERTY, MONUMENTS, AND LAWNS.

No person, after having been notified by a law enforcement officer that he or she is in violation of the prohibition in this section, shall:

(a) Walk, stand, sit or lie upon any monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, median, fire hydrant, street-tree planter, berm, utility cabinet, railing, fence, planter, or upon any other public property not designed or customarily used for such purposes;

(b) Walk, stand, sit or lie upon any public lawn or planted area which is posted with signs that forbid such conduct; or

(c) Walk, stand or lie upon any public bench.

(d) In the C-C community commercial, C-N neighborhood commercial, C-B commercial beach, CBD central business, and R-T tourist residential zoning districts, intentionally throw, discharge, launch or spill any solid object (including but not limited to footballs, hackysacks, baseballs, beach balls, Frisbees, or other similar devices) or liquid substance or otherwise cause any object or substance to be thrown, discharged, launched, spilled or to become airborne.

(e) Notwithstanding subsection (d), individual bubble street performers and individual jugglers who otherwise comply with all applicable statutes and ordinances are authorized to blow bubbles and juggle in the C-C, C-N, C-B, CBD and R-T zoning districts. When in the judgment of the director of parks and recreation or the police chief, or their respective designees, said bubble-blowing or juggling activity will materially interfere with pedestrian use of the sidewalk or attract crowds which will create such interference, the city may require a bubble street performer or juggler to obtain a non-commercial event permit from the city as a condition to continuing or undertaking a bubble or juggling performance. This subsection shall not be construed to authorize hackysack activity in the referenced zone districts.

(Ord. 2003-20 § 1, 2003: Ord. 2002-34 § 1, 2002: Ord. 94-09 § 5, 1994: Ord. 69-14 § 1 (part), 1969).
9.50.030 ABUSE OR MUTILATION OF TREES, PLANTS AND LAWN.

Without first obtaining a permit from the director of parks and recreation, it is unlawful for any person in any public place to:

(1) Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant;

(2) Attach any sign, wire or injurious material to any tree or plant;

(3) Cause or permit any wire charged with electricity to come in contact with any tree or plant;

(4) Allow any gaseous, liquid or solid substances harmful to trees and plants to come in contact with the roots, leaves, bark or any part of any tree or plant;

(5) Tie any horse, dog or other animal to any tree or plant;

(6) Climb any tree or plant;

(7) Dig in or otherwise disturb plants, lawn or grass areas, or in any other way injure or impair the natural beauty or usefulness of any plant, lawn or grass areas;

(8) Willfully mark, deface, disfigure, injure, displace or remove any building, structure, bench, monument, planter, paving or building material, sign, notice or other public property and appurtenances whatsoever.

(Ord. 69-14 § 1 (part), 1969).
9.50.040 Repealed by Ord 79-40 § 1.
9.50.050 SMOKING ON PUBLIC PROPERTY.

No person shall smoke a cigar, cigarette, pipe or other smoking material, in any city building or portion thereof, except in those areas wherein “smoking permitted” signs are posted.

(Ord. 77-1 § 1, 1977).
9.50.070 SUBSEQUENT OFFENSE WITHIN THIRTY DAYS.

Any person who violates any section in this chapter and is cited for such a violation, and who within thirty days after receiving such a citation again violates the same section, is guilty of a misdemeanor.

(Ord. 94-09 § 7, 1994: Ord. 79-40 § 2, 1979).
9.50.100 Repealed by Ord. 84-67 § 2.

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10.36.041 USE OF ROLLERSKATES, SKATEBOARDS, COASTERS AND SIMILAR DEVICES RESTRICTED.

No persons upon rollerskates, riding in or on, or by means of any skateboard, coaster, toy vehicle, or similar device, shall go upon any roadway, or upon the sidewalk in the following restricted areas: Pacific Avenue Mall, the Municipal Wharf, business districts and any park except where signs have been posted permitting such activity.

(Ord. 86-43 § 1, 1986: Ord. 85-72 § 3, 1986: Ord. 79-17 § 2, 1979).

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8.14.200 DOGS IN PUBLIC PLACES – PROHIBITED LOCATIONS.

(1) Except as provided in subsection (2) of this section and Section 8.14.201 of this chapter, it is unlawful for any person owning, having an interest in, harboring or having charge of the care, custody, control or possession of any dog to cause or permit such dog to be in any of the following locations, whether with or without a leash;

(a) On any public beach within the city of Santa Cruz;

(b) Within any portion of the watercourse of the San Lorenzo River within the city of Santa Cruz; said “watercourse” includes the river and all portions of its banks up to the highest point of the bank on each side of the river;

(c) On any portion of the street, sidewalk or other public property within that area generally known or defined as the Pacific Avenue Mall:

(A) Pacific Avenue between Water Street and Laurel Street;

(B) Locust Street, Church Street, Walnut Avenue and Lincoln Street between Cedar Street and Pacific Avenue and Front Street, unless completely confined within a motor vehicle (as provided in Section 8.14.340);

(d) On any portion of the street, sidewalk or other public property of the Santa Cruz Municipal Wharf, unless completely confined within a motor vehicle (as provided in Section 8.14.340);

(e) On any portion of San Lorenzo Park; and

(f) On the Depot Park athletic field.

(2) Notwithstanding subsection (1) of this section, the parks and recreation director may, by regulation, designate certain beach and park areas, roads and trails for use by dogs or, by regulation, designate that any such park area, road or trail shall not be used by dogs. The director shall promulgate regulations to protect such beach and park property so as to ensure that use by persons with dogs is compatible with use of these areas by other persons.

(Ord. 2005-07 § 1, 2005: Ord. 93-07 § 1, 1993: Ord. 92-25 § 1, 1992: Ord. 88-63 § 4, 1988: Ord. 85-76 § 3, 1986: Ord. 79-39 § 2, 1979: Ord. 76-23 § 1, 1976: Ord. 70-7 § 1 (part), 1970).
8.14.201 EXEMPTIONS TO PROHIBITION.

Sections 8.14.199 and 8.14.200 shall not apply to the following circumstances:

(a) To any recognized guide, signal or service dog, when such dog is accompanying a totally or partially blind person, or a totally or partially deaf person or a person otherwise handicapped so as to require the assistance of such dog for the purpose of guiding such person; or when such dog is accompanying a person licensed to train such dogs for the purpose of receiving training as a guide, signal or service dog;

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