Policy Text
spn ~r~rci~~o'police ~eputmcnt 6.08
V GENERAL ORDER 07/27/94
AGGRESSIVE SOLICITING
The purpose of this order is to outline the procedures for enforcing Section 120-1 of
the Municipal Police Code which outlaws certain types of conduct while soliciting
persons.
A. Recently, the voters of the City and County of San Francisco approved an
amendment (Section 120-1) to the Municipal Police Code that prohibits
aggressive soliciting.
B. Section 120-1 MPC does not specifically prohibit begging or soliciting; it
prohibits harassing or hounding a citizen for money or other thing of value
after the citizen expressly or impliedly makes it known that he/she does not
want to give money or other thing of value to the solicitor .
C HARASSMENT OR 'IHOUNDING" DEFINED. For the purpose of this
ordinance, harassment or hounding occurs when the suspect
-
1. Closely follows a cihf
2 Requests money or other item of value after the citizen has expressly or
impliedly made it known that he/she does not. wish to give money or
other item of value to the solicitor.
D. JURISDICTION. The prohibition against aggressive solicitation applies
within the City and County of San Francisco on streets, sidewalks, or other
places open to the public (whether publicly or privately ownedIf including
parks.
DGO 6.08
07/27/94
11. POLICY
A. ENFORCEMENT PRIORITY. Enforcement of Section 120-1 MPC is a
. responsibility for the Department; however, officers are reminded that their
primary enforcement objective is preventing and suppressing serious crime.
B. PRIVATE PERSON ARRESTS. Officers making arrests for violation of
Section 12&1(b) MPC shall comply with Department policy regarding private
person arrests (see DGO 5.04, Arrests by Private Persons). As with all public
offenses, private persons may make arrests for violations of the ordinance.
C INFIUmON VS MISDEMEANOR Although the decision to file a
complaint as a misdemeanor or infraction rests with the District Attorney, it
is the policy of the Deparhnent that officers cite or book violators for the
misdemeanor violation and complete an incident report.
PROCEDURES
A. INVESTIGATION. The following factors should be considered when
encountering an aggressive solicitation. The information must be included _.
in your incident report, with victim and suspect's words noted verbatim as
reported to or heard by you, and with gestures described in detail.
1. How closely did the suspect follow the victim? The law states "closely
follows," but does not spedfy a certain distance; however, following
within six feet can reasonably be considered to be close. Even with
distances greater than 6 feet, aggravating circumstances may be present to
fit the situation within the statute. Your report must in all cases note the
estimated closest distance between the suspect and victim.
2 How was the solicitation communicated, e.g., verbal, an open hand, a cup?
3. Did the suspect use threatening words or gestures? Did the suspect
demand money or property?
4. How did the citizen communicate that helshe did not wish to give money
or other thing of value to the suspect? This may be expressed verbally or
'implied when the citizen continues walking, walks away at a faster pace,
or uses gestures, e.g., shaking head, waving the suspect off, etc
DGO 6.08
07/27/94
5. Was there a size or age difference .between the suspect and .victim
suggesting intimidation? Was the vidim afraid? Did the suspect have a
weapon in hisher possession or did he/she engage in other criminal
conduct? Any case involving a threat of bodily injury or offensive
touching of the victim should be reviewed by a supervisor to determine if
a more serious offense has occmd, e.g. 664/211 P.C.
B. ENFORCEMENT/INCIDENT REPORT
1. PRTVATE PERSON ARRESTS. If the incident did not occur in your presence,
offer the victim an opportunity to make a Private Person hest. .Also
give the victim a statement form and have him/her complete it if
possible. After ensuring that the elements exist, cite or book the suspect
according to Department policy.
Ohl-VIEW ARRESTS. Generally, enforcement of this ordinance will be in
response to a private person arrest; however, you may also witness
violations of the ordinance, but the victim(s) may walk away or feel too
intimidated to make a ''Private Person Arrest." If you witness all the
elements of the violation, i.e., overhear or observe the solicitation and
iejection, and witness the hounding or harassing, arrest the suspect and
attempt to get the name and address of the victim. If this is not possible, at
least describe the victim (race, sex, age, clothing, etc) in the narrative of
your incident report and include the details of the violation.
3. WITNESSES. Whether enforcing the ordinance in response to a Private
Person Arrest or an on-view arrest, always attempt to locate any witness
and include his/her names, address and telephone number in your
incident report
4. INCIDENT REPORT. Title your report "AGGRESSIVE SOLICITING."