(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE MANNER.
(a) Approaching or speaking to a person, or following a person before, during, or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property, or otherwise be intimidated into giving money or other thing of value.
(b) Continuing to solicit from a person after that person has given a negative response to such soliciting.
(c) Intentionally touching or causing physical contact with another person without that person’s consent in the course of soliciting.
(d) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact.
(e) Using violent or threatening gestures toward a person solicited.
(f) Following the person being solicited with the intent of asking that person for money or other things of value.
(g) Speaking in a volume unreasonably loud under the circumstances.
(h) Soliciting money from anyone who is waiting in line for entry to a building or for another purpose.
AUTOMATED TELLER MACHINE. 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.
AUTOMATED TELLER MACHINE FACILITY. The area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
FINANCIAL INSTITUTION. Any banking corporation, credit union, or similar institution.
PUBLIC PLACE. A place where a governmental entity has title, to which the public or a substantial group of persons has access, including but not limited to any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground.
SOLICITING. Asking for money or objects of value, with the intention that the money or object be transferred at that time and in that place. SOLICITING 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, or soliciting the sale of goods or services.
(B) Prohibited acts.
(1) No person shall solicit in an aggressive manner in any public place.
(2) No person shall solicit on private or residential property without permission from the owner or other person lawfully in possession of such property.
(3) No person shall solicit within 20 feet of public restrooms.
(4) No person shall solicit within 20 feet of any entrance or exit of any financial institution or check cashing business, or within 20 feet of any automated teller machine without the consent of the owner of the property or another person legally in possession of such facilities. Provided, however, that 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 facility.
(5) No person shall solicit an operator or other occupant of a motor vehicle while such vehicle is located on any street, for the purpose of performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services. Provided, however, that this division (B)(5) shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle.
(6) No person shall solicit from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public parking space, or directing the operator or occupant to a public parking space.
(7) No person shall solicit by stating that funds are needed to meet a specific need, when the solicitor as the funds to meet that need, does not intend to use funds to meet that need, or does not have that need.
(8) No person shall solicit within six feet of an entrance to a building.
(9) No person shall solicit within 20 feet of any pay telephone; provided, that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility.
(Ord. 1763, passed 5-2-06) Penalty, see §10.99