For the purposes of this chapter:
A. “Automated teller machine” means any mechanical device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.
B. “Automated teller machine facility” means the area comprised of one or more automated teller machines, and any adjacent space available to the public.
C. “Bank” means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation; any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the national Credit Union Administration; and any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.
D. “Donation” means (1) a gift or (2) the purchase of an item for an amount far exceeding its value, when a reasonable person would understand that the purchase is in substance a gift.
E. “Person” means and includes both individual persons and organizations.
F. “Private parking area” means privately owned property designed or used primarily for the parking of vehicles, including but not limited to driveways, setbacks, and portions of that area that are landscaped.
G. “Public place” means a place to which the public has access, and includes, but is not limited to, any street, highway, roadway, parkway, sidewalk, parking lot, plaza, transportation facility, airport, train station, transit center, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby, and other portion of any business establishment, an apartment house, or hotel not constituting a room or apartment designed for actual residence.
H. “Public transportation vehicle” means any vehicle, including a trailer bus, designed, used, or maintained for carrying 10 or more persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire.
I. “Solicitation,” “solicits,” and “soliciting” mean any verbal or non-verbal request made in person seeking an immediate donation of money, food, cigarettes, or items of value.
(Ord. 2265)
A person may not solicit in any of the following places:
A. At any bus stop or public transportation facility;
B. In any public transportation vehicle;
C. In any vehicle on a public street;
D. In a private parking area if the property is posted with a sign prohibiting aggressive and deceptive solicitation in a manner hereinafter provided by this chapter, unless the solicitor has permission from the property owner;
E. Within five feet of any building entrance or exit that abuts a public right of way except as provided in subsection F. Where any building entrance or exit is recessed from the public sidewalk, the five feet shall be measured from the point at which the building abuts the sidewalk;
F. Within 15 feet of any bank or other financial institution building, including any outdoor automated teller machine or automated teller machine facility, whether a part of or separate from the building of the financial institution that owns, operates, or sponsors the automated teller machine;
G. In the private parking area of any bank or other financial institution;
H. Within 15 feet of any outdoor vending machines, public telephones, or any other device which accepts coins or paper currency, except parking meters and newspaper vending machines;
I. Within five feet of any fence, wall, or other structure separating private property from the public right-of-way, other than a cyclone fence between a vacant lot and the public right-of-way;
J. While seated on or leaning against any public bench, planter, monument, or other public property;
K. While seated on or leaning against privately-owned property without the property owner’s consent; or
L. Within five feet of any crosswalk.
(Ord. 2265)
A person may not solicit:
A. By coming within three feet of the person solicited, until that person has indicated that he or she wishes to make a donation;
B. By intentionally blocking or interfering with the passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
C. By following a person who walks or moves away from the solicitor;
D. By intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting;
E. By using violent or threatening gestures toward a person solicited either before, during, or after soliciting;
F. By using profane or abusive language, either during the solicitation or following a refusal to make a donation;
G. As part of a group of two or more solicitors; or
H. While under the influence of alcohol or any illegal narcotic or controlled substance.
(Ord. 2265)
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