Berkeley restricts aggressive panhandling near ATMs, parking meters, outdoor dining, and transit stops, while passive solicitation remains protected expression so long as it does not threaten or impede pedestrians.
BMC Chapter 13.36 prohibits solicitation that involves following, touching, blocking, profanity, or repeated requests after a refusal. The ordinance also bars solicitation within ten feet of ATMs, bank entrances, parking pay stations, bus stops, and outdoor seating. Berkeley historically passed and revised these rules to survive First Amendment scrutiny after federal courts struck down broader bans elsewhere. Passive sign-holding and silent requests remain lawful. Enforcement is calibrated for behavior and location, not the act of asking. BPD and Downtown Ambassadors typically issue warnings before citations.
Aggressive solicitation is an infraction with escalating fines and possible misdemeanor exposure for repeated conduct, threats, or refusal to leave a restricted area after a warning.
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