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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE NO. 2002 - 04 X1203) <br />AN ORDINANCE AMENDING ARTICLE 9, CHAPTER 4-1, TITLE 4 <br />OF THE SAN LEANDRO MUNICIPAL CODE <br />RELATING TO CERTAIN FORMS OF <br />SOLICITATION IN PUBLIC AREAS <br />WHEREAS, the City Council of San Leandro previously found that intimidating <br />solicitation, for money or other thing of value, directed at residents and visitors in public <br />areas of the City imperils general safety and welfare, undermines the public's right to <br />enjoy public places without threat of harm for refusing to give money or other thing of <br />value, and damages the economy by discouraging visitors and residents from <br />patronizing City businesses or recreational facilities; and <br />WHEREAS, the City Council is responsible for improving the quality of life and <br />economic vitality of the City which includes providing for the safety of the general public <br />against certain abusive conduct of persons engaged in solicitation; and <br />WHEREAS, the City Council has determined that the presence of individuals who <br />solicit money from persons at or near banks or automated teller machines is especially <br />threatening and dangerous; and <br />WHEREAS, people driving or parking on city streets frequently find themselves <br />confronted by persons who seek the donation of funds or, without permission, seek to <br />provide "services" such as washing automobile windows, offering to open car doors, or <br />locating parking spaces, in exchange for money and such activity often carries with it an <br />implicit threat to both person and property as well an unacceptable risk of harm to the <br />driver as well as other motorists and pedestrians; and <br />WHEREAS, the City Council finds as abusive the solicitation of people in places <br />where they area 'captive audience' in which it is impossible or difficult for them to <br />exercise their own right to decline to listen to or to avoid solicitation from others and <br />restricting solicitation in such places will provide a balance between the rights of <br />solicitors and the rights of persons who wish to decline or avoid such solicitations, and <br />will help avoid or diminish the threat of violence in such unwarranted and unavoidable <br />confrontations; and <br />WHEREAS, the City Council finds that the passage of this ordinance provides <br />reasonable manner and place restrictions on solicitation while respecting the <br />constitutional rights of free speech for all citizens; <br />NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN <br />as follows: <br />1 <br />