(a) No person shall knowingly approach within three feet of any person who is actively using an automated teller machine without that person's consent.
(b) "Automated teller machine" means a fixed device linked to a financial institution's account records which is able to carry out transactions, including but not limited to, account transfers, deposits, withdrawals, balance inquiries, and mortgage and loan payments.
(c) Whoever violates this section is guilty of invasion of ATM privacy, a misdemeanor of the fourth degree. When a person has been previously convicted of a violation of section 2333.03, or any other substantially similar state statute or municipal ordinance, the offense of violating ATM privacy is a misdemeanor of the third degree.
(Ord. 01-19. Passed 4-9-19.)