(A) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this division (A), except where the context clearly indicates a different meaning.
AGGRESSIVE PANHANDLING, SOLICITATION, OR PEDDLING. Includes:
(a) Accosting a person by approaching 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 their person, or upon property in their immediate possession;
(b) Touching someone without consent;
(c) Using obscene or abusive language toward someone while attempting to panhandle or solicit from them;
(d) 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;
(e) 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;
(f) Other conduct that a reasonable person being solicited would regard as intended to compel or force the person to accede to the solicitation.
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.
PANHANDLING. Means, without limitation, use of the spoken, written, or printed words, signs, bodily gestures, or other acts as are conducted in the furtherance of the purpose of obtaining alms or contributions of money, food, or clothing for the use of oneself or others.
PUBLIC PLACE. A place where a governmental entity has title and/or to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, parking lot, plaza, restaurant, theater, transportation facility, vendor location, school, place of amusement, park, or playground.
(B) Prohibited conduct while soliciting, peddling, or panhandling. It shall be unlawful for any person to solicit, peddle, or panhandle, as defined in division (A) of this section:
(1) By engaging in any acts of aggressive soliciting, peddling, or panhandling as defined in division (A) of this section;
(2) Within 50 feet of the entrance to any financial institution, any automatic teller machine or any automatic teller facility;
(3) At any permitted outdoor dining area or outdoor merchandise area, provided such areas are in active use at the time;
(4) At any transit stop or taxi stand, or in a public transit vehicle;
(5) While the person being solicited is standing in line waiting to be admitted to a commercial establishment;
(6) On private property, unless the person has written permission from the owner of the property to beg or solicit alms on the property;
(7) After dark, which shall mean one-half hour after sunset until one-half hour before sunrise;
(8) While under the influence of alcohol or after having illegally used any controlled substance as defined in the North Carolina Controlled Substance Act;
(9) Within 20 feet of any crosswalk;
(10) In or on town streets to include the right-of-way, median or shoulder thereof;
(11) By standing, sitting or loitering in any street or highway, including shoulders or medians, but excluding sidewalks, and/or to stop or attempt to stop any vehicle for the purpose of obtaining employment, business or contribution from the driver or any occupants of the motor vehicle in accordance with G.S. § 20-175. This provision shall not apply to licensees, employees or contractors of the department of transportation or town employees engaged in construction, maintenance or in making traffic engineering surveys;
(12) 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;
(13) Within 20 feet of the entrance or exit of any parking deck, garage, or surface parking lot;
(14) Within 50 feet of any city-owned or operated building or facility.
(Ord. 2021-001, passed 4-5-21)