Shall the City replace its anti-begging and aggressive solicitation laws with a new, more specific law that bans solicitation in certain public places and aggressive solicitation in all public places?
The Way it is Now:
City law bans begging and aggressive soliciting in public places. These laws prohibit asking a person for money or anything of value and following closely behind the person after the person has refused. City law also bans loitering at or near an ATM (cash) machine. Anyone who violates these laws may be imprisoned, fined or required to perform community service. Court decisions have raised questions about the City's ability to enforce these laws.
Proposition M is an ordinance that would replace existing laws with a new law banning:
Under this law, "solicitation" means asking a person for money or anything of value. "Aggressive solicitation" means:
- Aggressive solicitation in public places;
- Any solicitation within 20 feet of a check-cashing business or an ATM machine;
- Any solicitation of persons in vehicles on a street or highway on-ramp or off-ramp; and
- Any solicitation on public transportation or in a parking lot.
Police would be required to warn a person about this law before citing or arresting the person. Violators could be required to pay a fine and/or be screened for possible drug and alcohol treatment and mental health services. Those who violate the law three or more times in a 12-month period could also be required to perform community service or be imprisoned for up to three months.
- Approaching, speaking to or following the person in a way intended or likely to cause fear or intimidation;
- Continuing to solicit after the person has refused;
- Touching the person without that person's consent;
- Intentionally blocking a person or vehicle;
- Using violent or threatening gestures; or
- Following a person while soliciting.
- A YES vote of this measure means:
- you want to replace the City's anti-begging and aggressive solicitation laws with a new, more specific law that bans solicitation in specific public places and aggressive solicitation in all public places.
- A NO vote of this measure means:
- you do not want to change the City's anti-begging and aggressive solicitation laws.
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