It shall be unlawful for any person, association, organization or other corporate entity to solicit alms, beg or ask for money or other things of value, to exhibit one’s self for the purpose of soliciting, begging or asking for money or other things of value, or to solicit or otherwise offer the sale of goods for services:
(A) In or upon the vehicle-traveled portion of any public street, alley or highway;
(B) In an intimidating or aggressive manner in a public area; or
(C) On private property if the owner, tenant or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.
(Ord. eff. 1-10-2011) Penalty, see § 111.99
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE MANNER. Includes, without limitation, the following conduct:
(1) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent;
(2) Following the person being solicited, if that conduct is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
(3) Continuing to solicit within five feet of the person being solicited after the person has made a negative response, if continuing the solicitation is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or is intended to or is reasonably likely to intimidate the person being solicited into responding affirmative to the solicitation;
(4) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person asking the solicitation;
(5) Intentionally or recklessly using obscene or abusive language or gestures intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or using words or gestures intended to or reasonably likely to intimidate the person into responding to the solicitation; or
(6) Approaching the person being solicited in a manner that is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
CORPORATE LIMITS. Any area within the incorporated limits of the town.
INTIMIDATE or INTIMIDATING MANNER. Any conduct that would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession, and causes a person to do something he or she would not otherwise have done.
PUBLIC AREA. Any area to which the general public has access, which includes but is not limited to rights-of-way, sidewalks, parking lots, parks, playgrounds, plazas, any property owned or operated by the town, any buildings, premises or other structures open to the general public including the doorways and entrances to the buildings, premises or other structures and the grounds enclosing them. This will include any property that is a part of the Town Recreation and Parks System.
PUBLIC STREET. Any street, right-of-way, alley, road, highway, bridge or other property owned, operated or maintained by the town or the State Department of Transportation which is open to the general public upon which motor vehicles traverse.
SOLICIT ALMS, BEG OR ASK. 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, begging or asking may be without limitation by the spoken, written or printed word or by other means of communication.
(Ord. eff. 1-10-2011)
Any person, firm, association or organization violating the provisions of this chapter shall upon conviction be responsible for a Class 3 misdemeanor and shall be punished in accordance with the provisions of G.S. § 14-4, and shall be required to pay a penalty of not more than $500.
(Ord. eff. 1-10-2011)