A. Purpose: The purpose of this section is to protect the health, safety and welfare of all citizens of the City and those who travel through the City by eliminating aggressive solicitation. Aggressive solicitation is disturbing and disruptive to residents and businesses and impacts social harmony and economic viability of the City. It is not the purpose of this section to prohibit lawful solicitation activity, but to regulate behaviors that are intimidating, threatening, coercive or obscene.
B. Definitions:
OBSTRUCT: To hinder or slow progress, to retard progress, to make accomplishment of obtaining a goal slower or more difficult, to be or come in the way of or impede.
PUBLIC PLACE: A place to which the public or a substantial part of the public has access, including streets, highways, transportation facilities, schools, places of amusement, parks, playgrounds and the common areas of public and private buildings and facilities, including parking lots or any other area intended for use by the public. It shall include the front, entryway, doorway or vestibule or area of immediate access to any public place, store, shop, restaurant, tavern or other place of business.
SOLICITING: To knowingly make a request, whether by spoken words, bodily gestures, written signs or other means, for a gift of money or other thing of value. Soliciting includes, but is not limited to, seeking a donation where the person being solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the purchase is in substance a donation, or begging or panhandling.
C. Soliciting Prohibited:
1. It shall be unlawful for any person to engage in aggressive soliciting in any public place. "Aggressive soliciting" is defined as:
a. Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting;
b. Intentionally blocking, obstructing 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 in the course of soliciting;
c. Using violent or threatening conduct toward a person solicited which would cause a reasonable person to be fearful for his or her safety;
d. Using profane or abusive language which is likely to provoke an immediate violent reaction from the person being solicited or would cause a reasonable person to be fearful for his or her safety; or
e. Approaching or following a person for solicitation in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or damage to or loss of property or otherwise to be intimidated into giving money or other thing of value.
2. It shall be unlawful for any person to engage in soliciting on any private or residential property after having been asked to leave, or after having been asked to refrain from soliciting, by the owner or other person lawfully in possession of the property. Displaying a "No Soliciting" sign constitutes a request to refrain from soliciting.
3. Nothing in this subsection C shall be construed to prevent a person from acting in accord with a license or permit. (Ord. 02-214; Ord. 13-22; Ord. 16-14)