AUTOMATIC 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, loan, and credit card payments. |
AUTOMATIC 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. |
FINANCIAL INSTITUTION: | Any bank, industrial bank, credit union, savings and loan, check cashing business, or other financial business. (Ord. 375, 9-12-2000; amd. Ord. 429, 8-13-2002; Ord. 743, 11-17-2015; Ord. 847, 5-11-2021) |
A. It shall be unlawful for any person to engage in acts of aggressive solicitation which includes, but is not limited to:
1. Soliciting a person by accosting or speaking to the individual or individuals in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his person, or upon property in his immediate possession;
2. Soliciting by touching someone without that person's consent;
3. Using obscene or abusive language toward someone while attempting to solicit that person;
4. Forcing oneself upon the company of another by continuing to solicit in close proximity to an individual who has made a negative response by verbal or physical signs or by attempting to leave the presence of the person soliciting, or by other negative indication;
5. Blocking the path of the individual being solicited; otherwise engaging in conduct that could reasonably be construed as intending to force a person to accede to a solicitation;
6. Soliciting within fifty feet (50') of the entrance to any financial institution, any automatic teller machine or any automatic teller facility;
7. Soliciting persons seated at any permitted outdoor dining area or outdoor merchandise area, provided such areas are in active use at the time;
8. Soliciting while the person being solicited is standing in line waiting to be admitted to a commercial establishment;
9. Soliciting after dark, which shall mean one-half (1/2) hour after sunset until one-half (1/2) hour before sunrise;
10. Soliciting in a school zone during the time of arrival of students at the beginning of the school day and/or during the time of the departure of students at the end of the school day.
B. It shall be unlawful for any person to engage in acts of disorderly conduct which includes, but is not limited to:
1. Loitering, prowling, or wandering upon private property of another without lawful business, permission or invitation from the owner or person in lawful possession of the private property;
2. Refusing to vacate a municipal park facility which they have not reserved the time and paid the appropriate fee for, at a time that has been reserved for another person;
3. Occupying, lodging or sleeping in any building, structure or place, whether public or private, or any automobile, truck, railroad car or other similar vehicles or equipment without the permission of the owner or person entitled to the possession or in control thereof;
4. Urinating or defecating in any public place not designated as a public restroom or in any place exposed to public view;
5. Willfully fleeing or attempting to elude a peace officer after being lawfully ordered to stop by an identified peace officer;
6. Any conduct which may be deemed to be in a riotous, violent, or noisy manner;
7. Any conduct that results in a breach of the peace of another person(s) or endangers the health and safety of another person(s).
C. Person To Vehicle Transactions (Public Right-Of-Way): Unless otherwise permitted within title 3, chapter 4 of this code, it shall be unlawful for any person, while standing in any portion of a public right-of-way, including but not limited to public streets, highways, sidewalks, and driveways, to exchange or attempt to exchange goods, wares, merchandise, personal property, contributions of money or any other property from any person traveling in a vehicle along any public right-of-way or private street.
D. Person To Vehicle Transactions (Private Property): It shall be unlawful for any person, while standing on private property to exchange or attempt to exchange goods, wares, merchandise, personal property, contributions of money or any other property from any person occupying a vehicle while on private property unless that person has written permission from the property owner and the following:
1. The owner or person in lawful possession of the private property establishes a written policy which provides area(s) for the lawful solicitation of employment, business, or contributions of money or other property, in locations which are accessible to the public;
2. A copy of said policy shall be submitted to the City to be maintained in City files;
3. The owner or person in lawful possession of the private property has caused a notice to be posted in a conspicuous place at each entrance to the property not less than eleven inches (11") by seventeen inches (17") in size with lettering not less than one inch (1") in height and not to exceed six (6) square feet in total area. The notice shall be substantially in the following form:
"It is a misdemeanor to engage in the solicitation of employment, business or contributions of money or other property in areas of this property which are not approved for such activity by the property owner."
E. Vehicle to Person Transactions: It shall be unlawful for any person, while the occupant of any vehicle, to solicit, or attempt to solicit, employment, business or contributions of money or other property from a person who is within the public right-of-way, including, but not limited to a public street, highway, sidewalk, or driveway unless otherwise permitted within title 3 of this code. (Ord. 847, 5-11-2021)
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