For purposes of this subchapter, unless the context otherwise requires, a term that begins with an upper case letter has the meaning assigned in the sentence in which it appears within quotation marks; and the following words and phrases shall have the meanings set forth below. The singular includes the plural and vice versa as indicated by the context. "Including", "such as", and similar terms, when used as part of a phrase containing one or more specific items, are to be interpreted as being used by way of example and not of limitation.
AGGRESSIVE MANNER.
(1) Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property, or otherwise be intimidated into giving money or other object of value;
(2) Continuing to solicit from a person after the person has given a negative response to such soliciting;
(3) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting;
(4) Intentionally blocking 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;
(5) Using violent or threatening gestures toward a person solicited either before, during or after soliciting;
(6) Persisting in following or approaching the person being solicited with the intent of asking that person for money or other object of value after the person solicited has informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor;
(7) Using profane, offensive or abusive language, or speaking in a volume unreasonably loud which is inherently likely to provoke an immediate violent reaction, either before, during or after soliciting; or
(8) Soliciting money from anyone who is waiting in line for entry to a building or for another purpose.
AUTOMATED TELLER MACHINE (ATM). Any electronic information-processing device that
accepts or dispenses cash in connection with a credit, deposit, or convenience account.
PANHANDLER. A person conducting "solicitation" (as defined below) for money or other objects of value. However, for the avoidance of doubt, it is hereby expressly provided that PANHANDLER does not mean a person who is a "licensee" conducting permissible solicitation as set forth in § 130.31 below.
POLITICAL. On behalf of a political party or candidate or for the purpose of influencing legislation or personal belief.
PUBLIC PLACE. An area to which the public or a substantial group of persons has access, including any street, highway, alley, sidewalk, parking lot, plaza, transportation facility, library, school, place of entertainment, park, playground, bridge, and any doorway, entrance, lobby to such buildings enclosing them.
REDEVELOPMENT DISTRICT AREA (RDA). The area located within the City of Columbia City as designated on the map in Exhibit A-l attached to Ord. 2018-6 and included herein by reference, and is on file in the Office of the City Clerk and is available for public inspection during regular business hours.
RELIGIOUS. On behalf of an established religion which means a particular system of faith and worship recognized and practiced by a particular church, sect or denomination.
SHOPPING DISTRICT AREAS (SDA). The areas located within the City of Columbia City as designated on the map in Exhibit B-1 attached to Ord. 2018-6 and are more commonly known as:
(1) Connexion Way/Armstrong Park,
(2) Plaza Drive/SR 109,
(3) Countryside Drive and SR 9 N and the shopping and banking areas along Countryside Drive,
(4) Walmart shopping center,
(5) Columbia Plaza/Walgreens Shopping Area,
(6) Walker Way,
(7) Main Street between North Street and US 30 and the businesses located along such route,
(8) Frontage Road, Hoosier Drive and Spartan Drive and the business located along such route, and
(9) Other areas that may be designated from time to time by the Common Council if a need is determined to exist.
SOLICITING and SOLICITATION.
(1) Using the spoken, written, or printed work, or bodily gestures, signs or other means with the purpose of obtaining immediate donation of money or other thing of value or soliciting the sale of goods or services. SOLICITATION includes "begging", "panhandling", and any derivations of these terms.
(2) SOLICITATION does not mean:
(a) A person seeking to influence the personal belief of the occupant of any residence regarding any political or religious matter;
(b) A person seeking to obtain, from any occupant or any residence, an indication of the occupant's belief in regard to any political or religious matter;
(c) A person conducting a poll, surveyor petition drive in regard to any political matter;
(d) A person carrying, conveying, delivering or transporting food or beverage products, newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same;
(e) A person whose business is to solicit dealers or permanent merchants in the usual course of business; or
(f) Any person exempted from this subchapter's requirement under I.C. 8-1-34-30.
(g) Solicitation as addressed under this subchapter does not include solicitation as defined and regulated in Chapter 112, governing Solicitation, Peddlers, Street Business Operators, Itinerant Merchants and Mobile (Non-Food) Vendors.
SOLICITOR. A person, whether a resident of the city or not, engaged in solicitation.
SPECIAL EVENT. Any event so designated by the City of Columbia City Board of Public Works.
(Ord. 2018-6, passed 4-24-2018)