As used in this Subchapter:
“Aggressive Panhandling, Begging, Charitable and Political Solicitation” shall include the following forms of conduct:
a. Confronting someone in a way that would cause a reasonable person to fear bodily harm;
b. Accosting an individual by approaching or speaking to the individual or individuals in such a manner as to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon the individual’s person or upon property in the immediate possession of the individual;
c. Touching someone without the individual’s consent;
d. Using obscene or abusive language toward an individual while attempting to panhandle or solicit the individual;
e. Forcing oneself upon the company of another by continuing to solicit in close proximity to the individual addressed after the person to whom the solicitation is directed has made a negative response, by blocking the passage of the individual solicited or otherwise engaging in conduct that could reasonably be construed as intending to compel or force a person to accede to a solicitation;
f. Acting with the intent to intimidate someone into giving money; or,
g. Other conduct that a reasonable person being solicited would regard as threatening or intimidating in order to solicit a contribution or donation.
“Areas with Heightened Personal Security Concerns” shall including the following locations:
a. Areas within twenty (20) feet of a public parking garage when a reasonable individual would have a justified reasonable concern for safety, security and welfare;
b. Areas within twenty (20) feet of a public bus stop or public transit entrance where a reasonable individual would have a reasonable, justified concern for personal security due to congestion and close proximity to others;
c. Areas within twenty (20) feet of access to building entrances, public events venues, public accommodation or commercial businesses where a reasonable person would have a reasonable, justified concern for personal security due to congestion and close proximity to others; or,
d. Other areas in which congestion could give a reasonable person a reasonable, justified concern for personal security due to congestion and close proximity to others.
“Areas with Heightened Personal Privacy Concerns” shall include the following locations:
a. Locations within twenty (20) feet of an automated teller machine or financial institution;
b. Locations within twenty (20) feet of a sidewalk café during operating hours unless the solicitor’s presence is authorized by the owner or operator of the café;
c. Locations within twenty (20) feet of any school building or school playground when school is in session or school related activities are taking place on the premises;
d. Locations within twenty (20) feet of an entrance to any public restroom; or,
e. On private or residential property after having been asked to refrain from panhandling or soliciting by the owner or other person lawfully in possession of such property.
“Areas with Heightened Public Safety Concerns” shall include the traffic or travel lane of any public streets or highways open to vehicular traffic within the City, with the definition of traffic or travel lane to include any entrances or exits from any street or highway or interstate, the shoulders, curbs, gutters, marked or unmarked crosswalks and the rights-of-way areas adjacent to and outside of the traffic or travel lanes, but not including sidewalks, and areas with heightened public safety concerns shall also include traffic medians of whatever size located within those public streets or highways.
“Automated Teller Machine” shall mean a device linked to a financial institution’s account record 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” shall mean 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” shall mean any state bank, out-of-state bank, national bank, trust company or credit unions as those terms are defined in the Kentucky Revised Statutes (KRS).
“Public Place” shall mean any publicly owned place, including but not limited to any sidewalk, parking lot, plaza, transportation facility, place of amusement, park, playgrounds, fairgrounds and sporting facilities.
“Passive Panhandling, Begging, Charitable and Political Solicitation” shall include the definition of soliciting for charitable or political purposes, begging or panhandling set out below, but only such conduct that involves requests for contributions presented in writing without speaking and oral requests for contributions or other activities that do not constitute or fall within the definition of aggressive panhandling, begging, charitable and political solicitation as defined above.
“Soliciting (Solicit) for Charitable or Political Purposes, Begging (Beg) or Panhandling (Panhandle)” shall mean requesting an immediate donation of money or other thing of value from another person regardless of the solicitor’s purpose or intended use of the money or other thing of value for the use of one’s self or others and may be without limitation, by spoken, written or printed word, or by other means of communications and includes the purchase of an item for an amount far exceeding its value where under the circumstances a reasonable person would understand that the purchase is in substance a donation and further this definition shall include charitable and political solicitation.
(Ord. BG2018-3, 1/16/2018)