(A) The City Council hereby adopts language to regulate “aggressive solicitation” within the city limits.
(B) Definitions. For the purpose of this section:
AGGRESSIVE MANNER. Means as follows:
(a) Approaching, seeking or following a person before, during or after solicitation if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or fear damage to or loss of property or otherwise be intimidated;
(b) Intentionally or recklessly touching or causing physical contact with another person without that person’s consent in the course of soliciting if the touching or physical conduct is likely to cause a reasonable person to feel restrained or intimidated;
(c) Continuing to solicit from a person after the person has given a negative response to such soliciting;
(d) Intentionally or recklessly blocking 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) Intentionally or recklessly using obscene, abusive, or threatening language, or gestures, towards a person being solicited.
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.
PUBLIC PROPERTY. All property owned, operated, or controlled by any government agency, including but not limited to streets, public sidewalks, tree lawns, parks, playgrounds, publicly- owned parking lots, schools, libraries, post offices, municipal transit facilities and any other public lands and buildings.
SOLICIT or SOLICITING. To request 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. The solicitation may be, without limitation, by the spoken, written, or printed word, by gesture or by any other means of communication.
(C) No person shall solicit:
(1) In an aggressive manner;
(2) 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;
(3) Within 20 feet of a bus stop, rapid-transit shelter, or a bus shelter;
(4) Within 20 feet of a line of pedestrians waiting to obtain access to a building or event;
(5) Within 20 feet of the area of sidewalk used by an outdoor restaurant or by any valid vendor location;
(6) Within 15 feet of the entrance or exit of any public toilet facility;
(7) On public property within ten feet of an entrance to a building; or
(8) On public property within ten feet of an entrance to a public parking lot;
(9) Solicit in a group of two or more persons.
(10) Solicit while under the influence of alcohol or a controlled substance.
(D) Whoever violates (C)(1) of this section shall be guilty of a misdemeanor of the fourth degree for a first offense, a misdemeanor of the third degree for a second offense, and a misdemeanor of the first degree for a third and subsequent offense. Whoever violates any provision of (C)(2) through (C)(10) of this section shall be guilty of a minor misdemeanor for a first offense, and a misdemeanor of the fourth degree for a second and subsequent offense. A separate offense shall be deemed committed each day during or on which an offense occurs or continues.
(Ord. 74-19, passed 11-12-19)