(a) Definitions.
(1) “Solicit” for the purposes of this chapter, shall include, without limitation the spoken word or such other acts or bodily gestures as are conducted in furtherance of the purposes of immediately obtaining money or any other thing of value, where the person being solicited receives nothing of monetary value or an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.
(2) “Passive Solicitation” and “Passive Soliciting” as used in this chapter shall mean the act of passively standing or sitting with a sign or other indicator that a donation of money goods or any other form of gratuity is being sought without any vocal request other than a response to an inquiry by another person and where the person being solicited receives nothing of monetary value or an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.
(3) “Right-of-Way” as used in this chapter shall mean land, property, or the interest therein, usually in the configuration of a strip, acquired for or devoted to transportation purposes and including the roadway, shoulders or berm, ditch and slopes extending to the right-of-way limits under the control of the State of Ohio or City of Germantown.
(b) Time of Soliciting.
(1) No person shall solicit or passively solicit after sunset or before sunrise. The times of sunset and sunrise shall be as published by the U.S. Naval Observatory.
(c) Restrictions on Place of Soliciting and Passive Soliciting. No person shall solicit or passively solicit another person in any of the following places:
(1) At any bus stop;
(2) In any public transportation vehicle or facility;
(3) While the person making the solicitation is within a Right-of-Way and the person or persons being solicited are operating, exiting or entering any vehicle within the Right-of-Way;
(4) While the person making the passive solicitation is within a right-of-way and the person or persons being solicited are operating or occupying any vehicle within the right-of-way;
(5) Within twenty (20) feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business, during its business hours or within twenty (20) feet of any automated teller machine during the time it is available for customer use;
(6) In any recreational facility owned or operated by the Municipality of Germantown;
(7) On private property, unless the solicitor has permission from the owner or occupant.
(d) Manner of Soliciting. No person shall solicit or passively solicit in any of the following manners:
(1) By coming within three (3) feet of the person being solicited after that person has indicated he/she does not wish to make a donation;
(2) By blocking the path of a person who attempts to walk or drive away from the solicitor;
(3) By making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted or grossly abusive language, either during the solicitation or following a refusal;
(4) By any statement, gesture or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat.
(e) Causing a Minor to Solicit. No parent, guardian or adult person having legal care, custody or control of a minor cause, allow, or picture such minor to solicit or passively solicit in or upon any public or private property.
(f) Registration.
(1) No person shall solicit or passively solicit without a registration issued by the Police Chief. Any person who has been issued a registration shall keep a copy of said registration on his/her person at all times while soliciting and shall display it to any law enforcement office upon request. No person whose registration has been revoked shall solicit for a period of two (2) years following the revocation.
(2) The Police Chief or his designee, shall issue the registration, without fee, to any eligible person who presents him/herself at the Municipality of Germantown Police Department, states his or her true name, presents a photo identification or signs a declaration under penalty of perjury that he or she has no such identification, and permits him/herself to be photographed and fingerprinted.
(3) A person is ineligible to register if within the past five (5) years, he or she has (1) pleaded guilty or been convicted of two (2) or more violations of Section 509.21 of the Codified Ordinances of the Municipality of Germantown; or (2) had a registration revoked under subparagraph (f) below; or (3) had pleaded guilty to or been convicted of two (2) or more offenses under the laws of any jurisdiction which involve aggressive or intimidating behavior while soliciting or making false or misleading representations while soliciting.
(4) Upon receipt of an application for registration in accordance with subsection (b) above, the Police Chief shall issue a temporary registration valid for ten (10) days and shall determine eligibility for an annual registration before the temporary registration expires. An eligible applicant shall receive a regular registration upon determination of the applicant’s eligibility. The regular registration shall expire one (1) year from the date of issuance. Along with the registration, the Police Chief shall give the applicant a copy of Section 509.21.
(5) No person shall make a false or misleading representation while applying for registration under this section.
(6) Upon arrest or citation for any violation of any provision of Section 509.21, the person undertaking the solicitation shall surrender to the arresting or citing officer any registration issued to such person. That person may then apply to the Police Chief for consecutive thirty (30) day temporary registrations pending adjudication of his/her charges. The Police Chief shall revoke any registration issued to a person who has pleaded guilty or been convicted of a violation of Section 509.21(b), (c), or (d) or to a person who has pleaded guilty or been convicted of two (2) violations of Section 509.21(e).
(7) Any applicant shall have the right to appeal the denial of revocation of registration by immediately requesting review by the City Manager. The appeal to the City Manager shall be taken by the applicant within seven (7) days after receipt of the notice of denial or revocation by filing a written notice of appeal with the City Manager. The City Manager shall set the matter for hearing within seven (7) days of receipt of the notice of appeal and issue his decision within seven (7) days after completion of the hearing. The City Manager may affirm the decision of the Police Chief or direct the Police Chief to issue the registration or rescind the revocation. The applicant may appeal the decision of the City Manager to a court of competent jurisdiction.
(g) Penalties.
(1) Whoever violates Section 509.21(b) shall be guilty of a misdemeanor of the fourth degree.
(2) Whoever violates Section 509.21(c) shall be guilty of a misdemeanor of the fourth degree.
(3) Whoever violates this Section 509.21(d) shall be guilty of a misdemeanor of the fourth degree.
(4) Whoever violates Section 509.21(e) shall be guilty of a misdemeanor of the fourth degree.
(5) Whoever violates Section 509.21(f)(1) shall be guilty of a minor misdemeanor.
(Ord. 12-38. Passed 7-21-12.)