§ 24-19. Aggressive solicitation.
(a)
Definitions. The following words, terms, and phrases when used in this section shall have the meaning ascribed to them in this subsection, unless the context of their usage clearly indicates another meaning:
(1)
Aggressive manner means and includes:
a.
Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent;
b.
Following the person being solicited, if that conduct is:
(i)
Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
(ii)
Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
c.
Continuing to solicit within eight (8) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is:
(i)
Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
(ii)
Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
d.
Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one's constitutional right to picket or legally protest, and acts authorized by a permit issued by the city, shall not constitute obstruction of pedestrian or vehicular traffic;
e.
Intentionally or recklessly using obscene or abusive language or gestures:
(i)
Intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
(ii)
Words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation; or
f.
Approaching the person being solicited in a manner that
(i)
Is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
(ii)
Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
(2)
Automated teller machine or ATM means a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
(3)
Automated teller machine facility means the area comprised of one or more automatic teller machines, and any adjacent space, which is made available to banking customers.
(4)
Bank includes a bank, savings bank, savings and loan association, credit union, trust company, or similar financial institution.
(5)
Check cashing business means a person in the business of cashing checks, drafts, or money orders for consideration.
(6)
Coin-operated machine means a coin or cash operated contrivance, apparatus, or equipment used for the purpose of providing sales of goods or services.
(7)
Fuel dispensing device means a pump or other machine utilized for dispensing fuel to motor vehicles for a fee.
(8)
Pay telephone means any coin-operated or credit or debit card reader operated telephone located on any public or private property that is accessible for public use.
(9)
Parking meter means any coin-operated meter utilized to charge for parking a motor vehicle on public property.
(10)
Parking fee collection box means a device utilized to collect coins or currency as a charge for parking a motor vehicle on private property.
(11)
Public area means an outdoor area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, alleyway, pedestrian way, or the common area of a school, hospital, library, office building, transport facility, or shop.
(12)
Request means any imperative instruction, whether verbal or non verbal, by a solicitee to a solicitor to desist the solicitation including but not limited to words or gestures such as "stop," "back off", "stay back", "get away", "leave me alone," or "withdraw".
(13)
Solicitation means the act of panhandling by seeking through a communication with another person, whether by gesture or verbally, funds or good for food, personal favors, (such as trips, transportation, clothing, or other) drink, lodging, vehicle fare, or any other purpose to directly benefit an individual or his family members.
(14)
Solicitee means any individual to whom a solicitor, as defined herein, directs a solicitation.
(15)
Solicitor means any person who engages in the act of solicitation as defined above.
(16)
Transportation facility means a facility or designated location that is owned, operated, or maintained by the city and is designed to serve as point from which patrons take ingress and egress from the transit system and includes one more of the following structures: a sign or signs indicating a transit stop or pick-up point, a shelter for transit patrons, or benches or chairs for transit patrons.
(17)
Transit system means a vehicle, including but not limited to a bus or trolley, operated by the city for public transportation.
(b)
Prohibited acts. It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services:
(1)
In an aggressive manner in a public area;
(2)
In any public transportation vehicle or transportation facility;
(3)
At a marked crosswalk;
(4)
Within twenty-five (25) feet of:
a.
An automated teller facility;
b.
The entrance or exit of a bank;
c.
The entrance or exit of a check cashing business;
d.
Coin-operated machine;
e.
Fuel dispensing device;
f.
Parking meter or parking fee collection box; or,
g.
Pay telephone.
(5)
On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or
(6)
From any operator of a motor vehicle that is in traffic on a public street, whether in exchange for cleaning the vehicle's windows, or for blocking, occupying, or reserving a public parking space, or directing the occupant to a public parking space; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle.
(c)
Penalties. A violation of this section shall be a Class C misdemeanor and upon conviction shall be punishable by a fine not to exceed five hundred dollars ($500.00). In lieu of, or in addition to the penalty provided in this section, a person in violation of this section may be required to perform community service work as described by the court. A culpable mental state is not required, and need not be proved, for an offense under subsections (b)(2), (3), (4).
(Ord. No. 02-055, § 2, 6-13-02)