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SOLICITING OTHER THAN BY DOOR-TO-DOOR
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC PLACE. A publicly owned building and premises appurtenant thereto, any public park, sidewalk, median or other right of way open to the general public and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, skywalks and streets.
SOLICIT and SOLICITATION.
(1) To make any request in person while in a public place, for an immediate grant of money, goods or any other form of gratuity from another person(s) when the person making the request is not known to the person(s) who are the subject of the request.
(2) However, the terms SOLICIT and SOLICITATION shall not mean the act of passively standing or sitting with a sign or other indicator that a donation of money, goods or any other form of gratuity is being sought without any vocal request other than a response to an inquiry by another person.
(Ord. 113-2015, passed 12-10-15; Am. Ord. 114-2016, passed 10-13-16)
It is unlawful for any person to solicit in the following places or under the following conditions:
(A) In any public transportation vehicle;
(B) Within 20 feet of an automatic teller machine or public entrance to a business;
(C) From any operator or occupant of a motor vehicle or from any person entering or exiting a motor vehicle;
(D) On private property without permission from the owner;
(E) From any person engaged in the act of placing money in a parking meter or from any person engaged in the act of locating money on his or her person or within his or her personal belongings for any activity including a purchase or donation;
(F) Within any private parking garages or private parking lots;
(G) At any bus stop;
(H) Within 20 feet of any crosswalk;
(I) While standing in line waiting to be admitted to a commercial establishment;
(J) Within any outdoor dining area; or
(K) Within any median or in a street.
(Ord. 113-2015, passed 12-10-15; Am. Ord. 114-2016, passed 10-13-16) Penalty, see § 121.99
It is unlawful for any person to solicit in an aggressive manner. AGGRESSIVE MANNER is defined as:
(A) Soliciting in a manner that impedes access to or from, or use of a building, vehicle or establishment;
(B) Soliciting in a manner that would alarm, intimidate, threaten, menace, harass, or coerce a reasonable person;
(C) By following behind, ahead or alongside, blocking the path of, or continuing to solicit a person who walks or drives away from the person soliciting or who gives notice or demonstrates verbally or physically that such solicitation is offensive, unwelcome or that the solicitation should cease;
(D) By using profane or abusive language or gestures either during the solicitation or following a refusal, or making any statement, gesture or other communication that would cause a reasonable person to be fearful or would be perceived as a threat; or
(E) By touching the solicited person without a statement, gesture or other communication that the person being solicited consents to the touching.
(Ord. 113-2015, passed 12-10-15) Penalty, see § 121.99
It is unlawful for any person to knowingly make a false or misleading representation in the course of soliciting a donation. False or misleading representations include, but are not limited to the following:
(A) Stating that the donation is needed to meet a specific need, when the person soliciting already has sufficient funds to meet that need and does not disclose that fact;
(B) Stating that the donation is needed to meet a need that does not exist;
(C) Stating that the person soliciting is from out of town and stranded, or that he or she is homeless when that representation is not true;
(D) Stating or representing that the person soliciting is a member of a military service when the person soliciting is neither a present nor a former member of a military service;
(E) Stating or representing that the person soliciting suffers from a mental or physical disability or deformity when the person soliciting does not suffer the disability or deformity indicated.
(Ord. 113-2015, passed 12-10-15) Penalty, see § 121.99
(A) The violation of any provision of this chapter shall be punishable by fine not to exceed the amount permitted under KRS 534.040 for violations per solicitor and each day of violation shall constitute a separate offense.
(‘83 Code, § 121.99) (Ord. 78-2010, passed 8-5- 10; Am. Ord. 113-2015, passed 12-10-15)