City Council to consider ordinance prohibiting solicitation

The Menifee City Council on Wednesday will consider a proposed city ordinance prohibiting "aggressive solicitation" by individuals in public areas throughout the city.

The ordinance was crafted by City of Menifee staff members in response to increased awareness of solicitation by individuals "at banks, automatic teller machines and check cashing businesses, from persons in vehicles, in parking lots after dark, in public transportation vehicles, at gasoline stations and fuel pumps, in driveways, on median strips and freeway ramps, in City parks, on landscaped parkways/trails, and at dining establishments."

This issue was first discussed by the City Council in 2015-16, as awareness of the city's homeless population increased and complaints from residents about solicitation became more frequent. Council member Lesa Sobek requested in February that city staff research how neighboring cities address the solicitation issue. Meanwhile, the city has created a Homeless Task Force, which is researching the issue and will report back to the City Council in May.

The last two years' County-mandated counts of homeless in Menifee showed that there were 10 homeless individuals in 2016 and 14 in 2017 on the days the count was conducted by volunteers canvassing the city. However, according to the ordinance proposal, that number might actually be higher, because the count was conducted in the cold season and in the early morning, when many transients have sought shelter elsewhere.

Despite the seemingly low numbers, the City Council "finds 'aggressive solicitation' is unsafe and disruptive to persons in the City of Menifee and is a threat to public health, safety, and general welfare," according to the ordinance proposal.

Penalties for such offenses could include a misdemeanor charge, administration citation or more severe punishment, depending on the circumstances.

According to the city document, "aggressive manner" includes:

-- 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 fear bodily harm, loss of property or intimidation to give the individual money.

-- 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.

-- Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact.

-- Persisting in closely following or approaching a person, after the person being solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor.

-- Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.

Wednesday night's council meeting begins at 7 p.m. at City Hall, 29714 Haun Road. After that night's first reading of the ordinance and council discussion, it will be brought back to the council in May for a final reading and adoption.