d. A stock cooperative.
7. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
8. "Reasonable restrictions" on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
9. "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means:
a. For Water Heater Systems or Solar Swimming Pool Heating S ystems. An amount exceeding ten percent of the cost of the system, but in no case more than $1,000.00, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed. b. For Photovoltaic Systems. An amount not to exceed $1,000.00 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent, as originally specified and proposed.
B. Purpose.
1. The purpose of the ordinance from which this section is derived is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The ordinance from which this section is derived encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city and expanding the ability of property owners to install solar energy systems. The ordinance from which this section is derived allows the city to achieve these goals while protecting the public health and safety.
C. Applicability.
1. This section applies to the permitting of all small residential rooftop solar energy systems in the city.
2. Small residential rooftop solar energy systems legally established or permitted prior to the original effective date of the ordinance from which this section is derived are not subject to the requirements of th is section, unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.
D. Solar Energy System Requirements.
1. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and of the city.
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2. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
3. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories, and, where applicable, rules of the public utilities commission regarding safety and reliability.
E. Duties of the Building Official.
1. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.
2. Electronic submittals of the required permit application and documents by electronic means shall be made available to all small residential rooftop solar energy system permit applicants.
3. An applicant's electronic signature shall be accepted o n all forms, applications, and other documents in lieu of a wet signature.
4. The building official shall adopt a checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.
5. The small residential rooftop solar energy system permit process and city checklist shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the governor's office of planning and research.
6. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Section 65850.55, Government Code Section 6 6015, Government Code Section 66016, and State Health and Safety Code Section 17951.
F. Permit Review and Inspection Requirements.
1. The building official shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption on the ordinance from which this section is derived.
The building official shall issue a building permit or other nondiscretionary permit the same day for applications that meet the requirements of the approved checklist or within three business days for electronic applications after receipt of a complete application. The building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such 392
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decisions may be appealed t o the city council consistent with the provisions of subsection (F)(3).
2. Review of the application shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements.
3. The building official may deny an application for the permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feas ible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the city cou ncil by the applicant. Any such appeal shall be filed within ten days of the date of the building official's decision and shall state the reasons for the appeal. A fee is required for filing any such appeal as established by resolution of the city council. The appeal shall be set for hearing by the city council within 30 days. The city council may uphold, modify, or set aside the decision of the building decisionofficial, and its decision shall be final. Failure to comply with the appeals process constitutes is a failure to exhaust administrative remedies, and is a ban to bringing a civil action.
4. Any condition imposed on an application shall be designed to mitigate the specific, ad verseadverse impact upon health and safety at the lowest possible cost.
5. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior su ccessful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defin ing restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
6. Whenever approval is required for the installation or use of a solar energy system, the application for approval shall be pr ocessed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. For an approving entity that is an association, as defined in Section 4080 or 6528 of the California Civil Code, and that is not a public entity, both of the following shall apply:
a. The approval or denial of an application shall be in writing.; and b. If an application is not denied in writing within 45 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information. 393
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7. If an application is deemed incomplete, a written correction notice detaili ng all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
8. For a small residential rooftop solar energy system eligible f or expedited review, only one inspection shall be required, which shall be done in a timely manner and should include consolidated inspections. If inspection fails, a subsequent inspection is authorized, however the subsequent inspection need not conform t o the requirements of this section.
(Ord. No. 733, § 2, 10-6-2015)
15.04.400 Electric vehicle charging stations.
A. Purpose and Intent. The purpose of this section is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This section is also intended to comply with California Government Code Sections 65850.7 and 65850.71, including successor statutes and amendments thereto.
B. Definitions. Th e following words and terms as used in this section shall have the meanings hereinafter respectively set forth:
"Building official" shall mean the building official for the City of Suisun City and shall include their designee.
"Electronic submittal" shal l include submittal of a document or application including, but not limited to, one of the following methods:
1. Electronic mail or email.
2. The internet.
3. Facsimile.
"Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, including any amendment or successor statutes thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. Electric vehicle charging stations and electric vehicle charging supply equipment shall refer to equipment including, but not limited to, the following:
conductors (including ungrounded, grounded, and equipment grounding conductors), electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring ener gy between the premises wiring and the electric vehicle.
A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost -effective method, condition, or mitigation 394
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imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public he alth or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
BC. Expedited Electric Vehicle Charging Station Permitting. Electric vehicle charging stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, including any amendment or successor statute thereto, shall be subject to the procedures set forth in this section.
CD. Expedited Review Process. Consistent with Government Code Section 65850.7, including any amendment or successor statutes thereto, the building official shall implement an expedited permit review process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply w ith in order to be eligible for expedited review. The city's adopted checklist will be published on the city's publicly accessible website.
DE. Electric Vehicle Charging Stations Permit Application and Processing.
1. All electric vehicle charging stations shall be subject to the following standards:
a. An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical M anufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. Electric vehicle charging station systems and equipment shall also conform to all applicable provisions and requirements of the California Building Code.
b. The installation of electric vehicle charging station systems and equipment shall be in accordance with the city's adopted electric vehicle charging station checklist established by the building official.
c. All electric vehicle charging stations shall be installed only after approval by the building official and only after issuance of the necessary building permit and any and all other permits required by the c ity relating to the plumbing, electrical, and mechanical characteristics of the system.
2. Upon installation of an electric vehicle charging station, the applicant shall be responsible for obtaining authorization and approval to connect the electric vehicle charging station to the local utility provider's electricity grid. In the event the city owns or operates an electric utility into which connection is proposed by the applicant, the application shall demonstrate compliance with the city's utility interconnection policies prior to approval.
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3. The building official shall condition the permit as they deem necessary in order to mitigate or avoid specific, adverse impacts of the charging station.
4. Consistent with Government Code Section 65850.7, including any amendments or successor statutes thereto, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
EF. Permit Denial. If the building official makes a written finding based on substantial evidence that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfa ctorily mitigate or avoid the specific, adverse impact, the application shall be denied and the city may require the applicant to apply for a conditional use permit pursuant to Chapter
18.73. FG. Appeal to the Planning Commission. Any permit determination by the building official shall be final and effective unless appealed to the planning commission pursuant to Chapter 18.84.”
(Ord. No. 795, § 1, 7-26-2022)
396
Legend:
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Statistics:
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Insertions 203
Deletions 268
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Style changes 0
Format changes 0
Total changes 485
1Editor's note(s)—Ord. No. 724, § 2, adopted September 3, 2013, amended Ch. 15.04, §§ 15.04.010—15.04.380 in its entirety. Former Ch. 15.04 pertained to similar subject matter, and was derived from Ord. No. 715, § 2, adopted January 4, 2011.
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AGENDA ITEM NO. 12.
AGENDA TRANSMITTAL
MEETING DATE:
November 18, 2025
AGENDA ITEM:
Council Adoption of Resolution No. 2025-__ Authorizing the Chief of Police, or his Designee, to Execute a Contract to Apply for, Participate, and Receive Funding through the Boating Safety and Enforcement Financial Aid Program from the California Department of Boating and Waterways for Fiscal Year 2026/2027
FISCAL IMPACT:
Contingent upon final approval of the Boating Safety and Enforcement Financial Aid Program from the California Department of Boating and Waterways budget, Suisun City would be awarded grant funds. Suisun City’s match will be through the contribution of boat tax revenue.
STRATEGIC PLAN:
Goal A: Public Safety -
Ensure Public Safety - Establish an acceptable staffing level for police and fire services to maintain public safety and identify funding mechanisms.
BACKGROUND:
Each year the Police Department applies for and receives grant funding from the California Department of Boating and Waterways to cover the majority of the operation of our boating enforcement program, Marine Unit. The Police Department has operated a boat patrol program for approximately 45 years.
STAFF REPORT:
Three police sergeants and up to three police officers are assigned to Suisun City Police Department’s Marine Unit on an ancillary duty basis. Throughout the year, the boat patrol is utilized in several events, such as, but not limited to, local bass derbies, Fourth of July, Christmas at the Waterfront, launch ramp inspections, harbor patrol, sinking vessels, vessel accidents, search & rescues, stranded boaters and special assistance call outs by the United States Coast Guard and the Solano County Sheriff’s Department. The team also participates in regional enforcement efforts sponsored by the United States Coast Guard in conjunction with surrounding counties. The team also conducts operations for mutual aid.
During the prior federal fiscal year (2024/2025), the team worked approximately 497 hours towards boating safety education and enforcement. There were 40 warnings issued, and 1 citation issued. There were 67 compliance inspections/checks completed. There were 0 search and rescue responses, 4 people assisted, and 3 vessels assisted.
STAFF RECOMMENDATION:
Adopt
Resolution No. _____________ A Resolution of the City Council of the City of Suisun City Authorizing the Chief of Police, or his designee, to execute a contract to apply for, participate and receive funding through the Boating Safety and Enforcement Financial Aid Program from the California Department of Boating and Waterways for fiscal year 2026/2027.
DOCUMENTS ATTACHED:
1. Resolution
PREPARED BY:
Brandi Cook, Administrative Assistant
REVIEWED BY:
Aaron Roth, Police Chief
399
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
1. Boat Grant Resolution
.
400
RESOLUTION NO. 2025-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY
AUTHORIZING THE CHIEF OF POLICE, OR HIS DESIGNEE, TO EXECUTE A
CONTRACT TO APPLY FOR, PARTICIPATE AND RECEIVE FUNDING THROUGH
THE BOATING SAFETY AND ENFORCEMENT FINANCIAL AID PROGRAM FROM
THE CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS FOR FISCAL YEAR 2026/2027
WHEREAS, the City of Suisun City Police Department is requesting to apply for, participate and receive funding through the Boating Safety and Enforcement Financial Aid Program through the California Department of Boating and Waterways for fiscal year 2026/2027; and
WHEREAS, if granted, the Boating Safety and Enforcement Financial Aid Program will provide funding for the purpose of performing boating safety and enforcement activities as described in Title 14, California Code of Regulations Section 6593.3; and WHEREAS, if the City of Suisun City Police Department is granted funding through the Boating Safety and Enforcement Financial Aid Program pursuant to Title 14, California Code of Regulations Section 6593.6, the City of Suisun City Police Department is required to enter into an annual contract with the California Department of Boating and Waterways in order to participate in the financial aid program.
In addition, pursuant to Pursuant to Harbors and Navigation Code, Section 663.7 (e), The department shall not allocate funds to any county or a public agency within a county unless the department receives a resolution adopted annually by the board of supervisors authorizing the county to participate in the program and certifying that the county will expend for boating safety programs during that year not less than an amount equal to 100 percent of the amount received by the county from personal property taxes on vessels. The money allocated to a county pursuant to subdivision (a) shall be used only for boating safety and enforcement programs, as specified in subdivision (a), that are conducted in that county.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Police Chief, or his designee, to execute and sign the documents necessary to apply for, participate and receive funding through the California Department of Boating and Waterways Boating Safety and Enforcement Financial Aid Program.
PASSED AND ADOPTED by the City Council of the City of Suisun City at a regular meeting thereof held on the 18th day of November, 2025 by the following vote:
AYES: Councilmembers: __
NOES: Councilmembers: ___ __
ABSENT: Councilmembers: __
ABSTAIN: Councilmembers: __
WITNESS my hand and the seal of said City this 18th day of November 2025.
____________________________________
Anita Skinner
City Clerk
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AGENDA ITEM NO. 13.
AGENDA TRANSMITTAL
MEETING DATE:
November 18, 2025
AGENDA ITEM:
Council Introduction and Waive Reading of Ordinance No. _____; An Ordinance of the City Council of the City of Suisun City, California Repealing Chapter 9.04 and Replacing in its Entirety with Restated Chapter 9.04 (Prohibition Against Unlawful Solicitation and Panhandling) to Title 9 (Public Peace, Morals and Welfare) of the Suisun City Municipal Code.
FISCAL IMPACT:
There is no fiscal impact related to the adoption of an ordinance prohibiting solicitation and panhandling throughout the City of Suisun. The ordinance will provide the Police Department and Code Enforcement with additional means to reduce solicitation and panhandling in public areas, including shopping centers, roadways, median strips, traffic intersections, gas stations, retail stores, restaurants, and bars.
STRATEGIC PLAN:
Explore Options for Public Safety Service Provisions - Continuously improve the public safety, health, and welfare of the residents of Suisun City.
BACKGROUND:
Chapter 9.04 of the Suisun City Municipal Code presently makes it unlawful for any person to loiter in or about any parking lot of a commercial business without the express or implied consent of the owner or person in lawful control of such business and or parking lot. This Ordinance will provide detailed objective standards for law enforcement and code enforcement to enforce soliciting and panhandling in public areas throughout the City, including, but not limited to, intersections, parking lots, businesses, gas stations, medians, and entrances to driveways.
STAFF REPORT:
City’s current loitering ordinance was adopted in 1983 and is limited to parking lots. Since 1983, loitering, solicitations, and panhandling have become a serious health and safety issue throughout the City and extremely disturbing and disruptive to residents and businesses, contributing to a loss of access to and enjoyment of public places, but also to an enhanced fear, intimidation, and disorder.
The Ordinance provides transparent and
objective standards for the enforcement of prohibition of soliciting in some regions of the City where the City has serious health and safety concerns of the solicitor and the public in general being distracting and impeding the safety of drivers and the public in being distracted from their duty to watch traffic which may result in automobile accidents, congestion and blockage of streets, and delay and obstruct the free flow of travel, all of which constitute substantial traffic safety problems. Furthermore, soliciting and panhandling in front of businesses becomes extremely disturbing and disruptive to residents, and more importantly, the businesses, and contributes not only to the loss of access to and enjoyment of public places and businesses, but also to an enhanced sense of fear, intimidation, and disorder. Solicitation in places where there is a “captive audience” in which it is difficult or impossible for the public to exercise their right to decline to listen to or avoid solicitation form others, is problematic, detracts from the rights of persons in the City to quietly enjoy public facilities and businesses, like gas stations, restaurants, retail stores, and bars and presents a risk to the health, safety and welfare of the public. This includes public transportation vehicles and their designated locations for stops, as well as gas stations.
Specifically, the Ordinance will prohibit the following:
A
.
Financial institutions and automated teller machines (ATMs) . No person shall solicit or
panhandle within twenty-five (25) feet of any entrance or exit of any financial institution during its business hours or within twenty-five (25) feet of any automated teller machine during the time it is available for customers’ use. When an automated teller machine is located within an 403
automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. No person shall solicit within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility.
B
.
Parking lots.
No person shall solicit or panhandle in any public parking lot or structure accessible to the general public, or within twenty (20) feet of the entrance or exit to such parking lot or parking structure.
C
.
Supermarket, Retail store, Restaurant, or Bar.
No person shall solicit or panhandle within twenty
(20) feet of the entrance to a supermarket, retail store, restaurant, or bar.
D
.
Public transportation vehicles and stops
. No person shall solicit or panhandle in any public
transportation vehicle or within fifty (50) feet of any designated or posted public transportation vehicle stop.
E
.
Gasoline stations and fuel pumps.
No person shall solicit or panhandle from an operator or occupant of a motor vehicle while such vehicle is stopped in a gasoline station or at a fuel pump.
F
.
Driveways accessing shopping center, retail, and business establishments.
No person shall solicit
or panhandle from an operator or occupant traveling in a motor vehicle. No person shall solicit or panhandle from a vehicle that is located within twenty-five (25) feet of a driveway providing vehicular access to a shopping center, retail, or business establishment.
G
.
Medians.
(1) No person shall solicit or panhandle within twenty-five (25) feet of or on a median. (2) No person shall loiter on a median.
(3) No person shall solicit or panhandle upon any median or in any manner or location that is inconsistent with the provisions of the California Vehicle Code Section 25520.5.
H. Dining establishments.
No person shall solicit or panhandle in any outdoor dining area of any restaurant or other dining establishment serving food for immediate consumption.
I.
Pedestrian Foot Bridge.
No person shall solicit or panhandle on any public foot bridge, or within twenty (20) feet of the entrance or exit to a pedestrian foot bridge.
Each of the prohibitions provides clear specific parameters around each location, prohibiting soliciting and panhandling within a certain distance (20, 25, or 50 feet) from all solicitation and panhandling, regardless of the content or reason for the solicitation or panhandling. The Ordinance applies equally to all citizens of the community, whether they are individuals, businesses, or nonprofits.
The only exception is for panhandling or soliciting at gas stations. The Ordinance will prohibit solicitations and panhandling on the entire premises of the gas station due to the unique nature of an individual being a “captive audience” while pumping or paying for fuel.
STAFF RECOMMENDATION:
Council Introduction and Waive Reading of Ordinance No. _____; An Ordinance of the City Council of the City of Suisun City, California Repealing Chapter 9.04 and Replacing in its Entirety with Restated Chapter 9.04 (Prohibition Against Unlawful Solicitation and Panhandling) to Title 9 (Public Peace, Morals and Welfare) of the Suisun City Municipal Code.
DOCUMENTS ATTACHED:
Ordinance No. ___: Repealing Chapter 9.04 and Replacing in its Entirety with Restated Chapter
9.04 (Prohibition Against Unlawful Solicitation and Panhandling) to Title 9 (Public Peace, 404
Morals and Welfare) of the Suisun City Municipal Cod
Chapter 9.04, Offenses Against Public Peace
PREPARED BY:
Patrick Enright, City Attorney
REVIEWED BY:
Bret Prebula, City Manager
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
1. Ordinance Repealing and Replacing Chapter 9.04 Prohibition Against Unlawful Soliciation and Panhandl.pdf
2. SCMC Chapter 9..04 Offenses Against Public Peace
405
1 ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY, CALIFORNIA, REPEALING CHAPTER 9.04 AND REPLACING IN ITS ENTIRETY WITH RESTATED CHAPTER 9.04 (PROHIBITION AGAINST UNLAWFUL SOLICITATION AND PANHANDLING) TO TITLE 9 (PUBLIC PEACE, MORALS
AND WELFARE) OF THE SUISUN CITY MUNICIPAL CODE
SECTION 1. Chapter 9.04 of Title 9 of the Suisun City Municipal Code is hereby repealed and replaced in its entirety by the following:
CHAPTER 9.04. - PROHIBITION AGAINST UNLAWFUL SOLICITATION AND
PANHANDLING
9.04.010. - Legislative Findings.
The City Council of the City of Suisun City hereby finds, determines and declares that:
(1) Solicitations on roadway median strips, at traffic intersections, and in the public roadway is unsafe and hazardous for panhandlers, drivers, pedestrians, and the general public. Solicitations on roadway median strips, at traffic intersections, and in the public roadway increases the risk of drivers becoming distracted from their primary duty to watch traffic which may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.
(2) Solicitations near driveways accessing shopping centers, retail, and business establishments is unsafe and hazardous for panhandlers, drivers, pedestrians and the general public. The location of the solicitor near the driveway compromises the solicitor’s safety, impedes visibility, and impairs a driver’s ability to safety enter and exist. Drivers also become distracted from their duty to watch traffic which may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems. (3) An increase in panhandling and solicitation throughout the City has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder.
(4) Solicitation from 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, is problematic, detracts from the rights of persons in the City to quietly enjoy public facilities and presents a risk to the health, safety and welfare of the public. Such places include public transportation vehicles and their designated locations for stops, as well as gasoline stations.
(5) The presence of individuals who solicit money from persons at or near banks or automated teller machines is especially threatening and dangerous. Such activity often carries with it an implicit threat to both person and property. Restricting solicitation in 406
2 such places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid such solicitations, and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations. (6) The Council’s intent in enacting this Chapter is not to interfere with the exercise of First Amendment rights of those engaged in solicitation on roadway median strips, at traffic intersections, and in the public roadway and lingering and loitering on the medians, but only to minimize the safety hazards of those in such areas, as well as the drivers and passengers in vehicles near these areas and in a manner to minimize those safety hazards.
(7) The restrictions of this Chapter are content neutral and are narrowly tailored to serve a significant governmental interest, but still provide alternative avenues of communication.
(8) The reasonable time, place and manner restrictions in this Chapter are to avoid the negative effects of panhandling and solicitation in unsafe places and will not unreasonably restrict free speech of people engaged in solicitation.
9.04.020. - Authority and purpose.
A. This Chapter is adopted pursuant to the authority granted to the City of Suisun City in Article XI, Section 7 of the California Constitution.
B. The purpose and intent of this Chapter is to protect public health, safety and the general welfare of people in the City of Suisun City and improve the quality of life and economic vitality of the City of Suisun City by imposing reasonable time, place, and manner restrictions on certain forms of solicitation while respecting the constitutional rights of free speech for all citizens as further described in the findings set forth in Section 9.04.010.
C. The California Supreme Court has held such regulation of solicitation does not violate the liberty of speech clause of the California Constitution in the case of Los Angeles Alliance For Survival v. City of Los Angeles (2000) 22 Cal. 4th 352.
9.04.030. - Applicability.
The provisions of this Chapter shall apply generally to all property throughout the City wherein any of the conditions specified in this Chapter are found to exist; provided, however, that any condition that constitutes a violation of this Chapter, but which is permitted or authorized under any local, state or federal law, shall not be deemed to violate this Chapter.
9.04.040. - Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
Automated teller machine or ATM means any electronic information processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account.
Automated teller machine facility means the area comprised of one (1) or more automated teller machines, and any adjacent space that is made available to banking customers after regular banking hours.
407
3 Bank means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
Check cashing business means any person duly licensed as a check seller, bill payer, or prorater pursuant to California Financial Code Division 3 (Fin. Code Section 12000 et seq.) as may be amended.
Credit union means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.
Donation means a gift of money or other item of value.
Financial institution includes a bank, savings and loan association, credit unions and check cashing business.
Linger on a median means remaining in a median longer than two (2) traffic signals cycles, except in an emergency or except where the median is specifically designated for pedestrians or equestrians.
Loiter on a median means standing or lingering in a median for any purpose other than to safely and lawfully cross the street, except in an emergency or except where the median is specifically designated for pedestrians or equestrians.
Median means a paved or planted area of public right-of-way that divides a street or highway according to the direction of travel.
Motor vehicle means any propelled vehicle or vehicle drawn by a power other than muscular power, other than a motorized wheelchair.
Panhandling means asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Panhandling shall include using the spoken, written, or printed word, bodily gestures signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value.
Public place means a place to which the public or a substantial group of persons has access, and includes, without limitation, any street, highway, sidewalk, median, parking lot, plaza, shopping center, transportation facility, school, place of amusement, park, playground and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.
Public transportation vehicle means any vehicle, including a trailer bus, or train, designed, used or maintained for carrying ten (10) or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten (10) persons, including the driver; and used to carry passengers for hire.
Savings and loan association means any federal savings and loan association and any "insured institution" as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 1752 of the Federal Credit Union Act, as amended.
Solicit or solicitation means to ask, beg, request or panhandle using spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. 408
4 Solicitor means one who solicits as defined in this Section. 904.050. - Solicitations prohibited.
No person shall solicit or panhandle in any manner in any public place.
9.04.060. - All solicitations and panhandling prohibited at specified locations; lingering and loitering prohibited on medians.
A. Financial institutions and automated teller machines (ATMs) . No person shall solicit or panhandle within twenty-five (25) feet of any entrance or exit of any financial institution during its business hours or within twenty-five (25) feet of any automated teller machine during the time it is available for customers’ use. When an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. No person shall solicit within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility.
B. Parking lots. No person shall solicit or panhandle in any public parking lot or structure accessible to the general public, or within twenty (20) feet of the entrance or exit to such parking lot or parking structure.
C. Supermarket, Retail store, Restaurant or Bar. No person shall solicit or panhandle within twenty (20) feet of the entrance to a supermarket, retail store, restaurant or bar.
D. Public transportation vehicles and stops . No person shall solicit or panhandle in any public transportation vehicle or within fifty (50) feet of any designated or posted public transportation vehicle stop.
E. Gasoline stations and fuel pumps. No person shall solicit or panhandle from an operator or occupant of a motor vehicle while such vehicle is stopped in a gasoline station or at a fuel pump.
F. Driveways accessing shopping center, retail and business establishments. No person shall solicit or panhandle from an operator or occupant traveling in a motor vehicle while such vehicle is located within twenty-five (25) feet of a driveway providing vehicular access to a shopping center, retail or business establishment.
G. Medians.
(1) No person shall solicit or panhandle within twenty-five (25) feet of or on a median. (2) No person shall loiter on a median.
(3) No person shall solicit or panhandle upon any median or in any manner or location that is inconsistent with the provisions of the California Vehicle Code section 25520.5.
H. Dining establishments. No person shall solicit or panhandle within twenty-five (25) feet in any outdoor dining area of any restaurant or other dining establishment serving food for immediate consumption.
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5 I. Pedestrian Foot Bridge. No person shall solicit or panhandle on any public foot bridge, or within twenty feet of the entrance or exit to a pedestrian foot bridge.
9.04.070. - Exemptions.
The provisions of Section 9.04.060 shall not be construed to prohibit:
(1) The right to exercise protected free speech;
(2) The lawful vending of goods and services;
(3) Solicitations related to business authorized by or conducted by the property owner, business owner, or employees thereof on the premises;
(4) Solicitations related to the lawful towing of a vehicle; or (5) Solicitations related to emergency repairs requested by the operator or other occupant of a motor vehicle.
9.04.080. - Penalty.
A. Administrative citations. Any person who violates Sections 9.04.050 or 9.04.060 shall be guilty of violating the Suisun City Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.20 of Title 1 of the Suisun City Municipal Code.
B. Misdemeanor. Any person who violates Sections 9.04.050 and 9.04.060 shall be guilty of a misdemeanor or infraction as provided in Chapter 1.08 of Title 1 of the Suisun City Municipal Code.
C. Non-exclusivity. Nothing in this Chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this Chapter, including, but not limited to, the enforcement provisions of Title 1 of the Suisun City Municipal Code.
9.04.090 Severability.
If any section, subsection, phrase or clause of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional.
SECTION 2. Pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City Council hereby finds that this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
SECTION 3. Publication and Effective Date.
This Ordinance shall be effective thirty (30) days following its adoption by the City Council. 410
6 A summary of this Ordinance shall, within fifteen (15) days after passage, be published in accordance with Government Code Section 36933 with the names of the City Council members voting for and against it.”
INTRODUCED at a regular meeting of the City Council of the City of Suisun City on the ___ day of _________________, 2025, and
PASSED AND ADOPTED this ___ day of _________________, 2025, by the following vote:
AYES: Councilmembers: _____________________________________ NOES: Councilmembers: _____________________________________ ABSENT: Councilmembers: _____________________________________ ABSTAIN: Councilmembers: _____________________________________ _____________________________________
MAYOR ALMA HERNANDEZ
ATTEST:
_________________________
CITY CLERK
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