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SECTION 1: Article 9, Chapter 4-1, Title 4 of the San Leandro Municipal Code is hereby amended by deleting Article 9 in its entirety and replacing it as follows: ARTICLE 9 IMMEDIATE SOLICITATION 4-1-900 FINDINGS The City Council of the City of San Leandro finds that intimidating solicitation, for money or other thing of value, directed at residents and visitors in public areas of the City imperils general safety and welfare, undermines the public's right to enjoy public places without threat of harm for refusing to give money or other thing of value, and damages the economy by discouraging visitors and residents from patronizing City businesses or recreational facilities. In addition, the presence of individuals who solicit money from persons at or near banks or automated teller machines is especially threatening and solicitation of motorists driving or parking, despite explicit indications by drivers not to do so, creates an unacceptable risk of harm to drivers as well as solicitors and often carries with it an implicit threat of harm to both person and property. The City Council also finds as abusive the solicitation of people in places where they are a captive audience in which it is impossible or difficult for them to exercise their own right to decline to listen to or to avoid solicitation from others. Therefore, it is the intent of the City Council in enacting this Ordinance to improve the quality of life and economic vitality of the City, and to protect the safety of the general public against the abusive conduct of persons engaged in solicitation, by imposing reasonable manner and place restrictions on solicitation while respecting the constitutional rights of free speech for all citizens. 4-1-910 DEFINITIONS (a) SOLICITOR: One that solicits, asks, or begs by using the spoken, written, or printed word, or bodily gestures, signs or other means for the purpose of obtaining an immediate donation of money or other thing of value or for soliciting the sale of goods or services. (b) INTIMIDATING SOLICITOR: A solicitor engaging in intimidating behavior in a public place. (c) INTIMIDATING BEHAVIOR: (1) Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to (i) fear bodily harm to oneself or to another, damage to or loss of property, or (ii) otherwise be intimidated into giving money or other thing of value; (2) intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging; (3) intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including 2