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A. Acts Prohibited: It is unlawful for any person on the streets, sidewalks, or other places open to the public, whether publicly or privately owned, to aggressively coerce, threaten, hound, harass, or intimidate another person for the purpose of soliciting money or goods.
B. Aggressive Conduct: For purposes of this section, a person "aggressively coerces, threatens, hounds, harasses or intimidates another person" when:
1. The solicitor's conduct would cause a reasonable person in the position of the solicitee to fear for his or her safety; or
2. The solicitor intentionally blocks the path of the solicitee; or
3. The solicitor persists in following the solicitee closely, or remains near the solicitee and continues to demand money or other thing of value after the solicitee has rejected the solicitation by words or conduct.
C. Reasonable Fear For Safety: For purposes of this section, the following facts, among others, are relevant in deciding whether a reasonable person would have cause to fear for his or her safety:
1. The solicitor's making physical contact with the solicitee; or
2. The proximity of the solicitor to the solicitee; or
3. The duration of the solicitation; or
4. The solicitor's making threatening gestures or other threatening conduct, including closely following the solicitee; or
5. The solicitor blocks the path of the solicitee or the entrance to any vehicle or building; or
6. The solicitor is with one or more persons.
D. Definitions: For purposes of this section:
AGGRESSIVELY: Behaving in a hostile manner.
COERCE: To force or bring about by force or threat.
HARASS: To irritate or torment persistently.
HOUND: To pursue relentlessly and tenaciously.
INTENTIONALLY BLOCK: To walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or driver of a vehicle to take evasive action to avoid physical contact.
INTIMIDATE: To frighten into submission or obedience.
SOLICITOR: A person who asks for money or goods as a charity, whether by words, bodily gestures, signs or other means.
THREATEN: To express an intention to inflict evil, injury or damage.
E. Demand For Services: This section is not intended to proscribe any demand for payment for services rendered or goods delivered.
F. Free Speech: This section is not intended to restrict the exercise of protected free speech.
G. Penalty: Each act of aggressive solicitation shall constitute a violation and shall be treated as a separate violation of this Code. Each violation shall be punishable by a minimum fine of two hundred fifty dollars ($250.00) and as provided by law, and the court shall enjoin such violator from committing any further violations of this section. (Ord. 2017-11, 3-14-2017)