AI-assisted research summary: The Act defines “solicit” and makes several kinds of aggressive or location-based solicitation offences, with a peace officer able to arrest without warrant on reasonable grounds.
Safe Streets Act 75 2004 October 26, 2004 1527898742/04075/tlc04075_f E2tlc04075 Definition 1 In this Act, solicit means to communicate, in person, using the spoken, written or printed word, a gesture or another means, for the purpose of receiving money or another thing of value, regardless of whether consideration is offered or provided in return. Solicitation in aggressive manner prohibited 2 1 A person commits an offence if the person solicits in a manner that would cause a reasonable person to be concerned for the solicited person's safety or security, including threatening the person solicited with physical harm, by word, gesture or other means. 2 A person commits an offence if the person engages, in a manner that would cause a reasonable person to be concerned for the solicited person's safety or security, in one or more of the following activities during a solicitation or after the solicited person responds or fails to respond to the solicitation: a obstructing the path of the solicited person; b using abusive language; c proceeding behind or alongside or ahead of the solicited person; d physically approaching, as a member of a group of 2 or more persons, the solicited person; e continuing to solicit the person. Solicitation of captive audience prohibited 3 1 In this section: commercial passenger vehicle means a motor vehicle operated on a roadway by or on behalf of a person who charges or collects compensation for the transportation of passengers in that motor vehicle, and includes a vehicle operated by or on behalf of the British Columbia Transit Authority or the South Coast British Columbia Transportation Authority to provide a regularly scheduled public passenger transportation service; roadway means a highway, road, street, lane or right of way, including the shoulder of any of them, that is improved, designed or ordinarily used by the general public for the passage of vehicles; vehicle includes non-motorized vehicles. 2 Subject to subsection (3), a person commits an offence who does any of the following: a solicits a person who is using, waiting to use, or departing from a device commonly referred to as an automated teller machine; b solicits a person who is using, or waiting to use, a pay telephone or a public toilet facility; c solicits a person who is waiting at a place that is marked, by use of a sign or otherwise, as a place where a commercial passenger vehicle regularly stops to pick up or disembark passengers; d solicits a person who is in, on or disembarking from a commercial passenger vehicle; e solicits a person who is in the process of getting in, out of, on or off of a vehicle or who is in a parking lot. 3 No offence is committed under subsection (2) if the person soliciting is 5 metres or more from the following: a in the case of subsection (2) (a) to (c), the automated teller machine, pay telephone, public toilet facility entrance or commercial passenger vehicle marker, as applicable; b in the case of subsection (2) (d) or (e), the commercial passenger vehicle or vehicle, as applicable. 4 No offence is committed under subsection (2) (a) if the person soliciting a has express permission, given by the owner or occupier of the premises on which the automated teller machine is located, to solicit within 5 metres of the automated teller machine, and b solicits only on the premises. 5 A person commits an offence if the person, while on a roadway, solicits a person who is in or on a stopped, standing or parked vehicle. Arrest without warrant 4 1 In this section, peace officer means a peace officer described in paragraph (c) of the definition of "peace officer" in section 29 of the Interpretation Act . 2 A peace officer may arrest without warrant any person who the peace officer believes on reasonable and probable grounds is committing an offence under this Act. Consequential Amendment 5 [Note: See Table of Legislative Changes for the status of this provision.] Section(s) Â Affected Act 5 Â Motor Vehicle Act Commencement 6 This Act comes into force by regulation of the Lieutenant Governor in Council.