(A) For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE MANNER.
(a) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent;
(b) Following the person being solicited, if that conduct is:
1. 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
2. Intended to or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
(c) Continuing to solicit a person within five feet of the person being solicited after the person has made a negative response;
(d) 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 making the solicitation;
(e) Using obscene or abusive language or gestures toward the person being solicited;
(f) Approaching the person being solicited in a manner that:
1. 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’ possession; or
2. Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
AUTOMATED TELLER FACILITY. The area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers.
AUTOMATED TELLER MACHINE. A device, linked to a bank’s account records, which is able to carry out banking transactions.
BANK. Includes a bank, savings bank, savings and loan association, credit union, trust company, or similar financial institution.
BUS. A vehicle operated by a transit authority for public transportation.
CHECK CASHING BUSINESS. A person in the business of cashing checks, drafts, or money orders for consideration.
MEDIAN. That area of a divided street, road or highway within the city separating lanes of traffic of said street, road or highway. A MEDIAN may be raised, depressed or flush with the road surface. The term includes the curb, if any, at edge of the area.
PUBLIC AREA. An outdoor area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, alley way, pedestrian way, or the common area of a school, hospital, apartment house, office building, transport facility, or shop.
SOLICIT. To request, by the spoken, written, or printed word, or by other means of communication (1) a donation or transfer of money or another thing of value from another person, regardless of the solicitor’s purpose or intended use of the money or other thing of value, and regardless of whether consideration is offered, or (2) support of a cause, project or program.
(B) A person commits an offense if the person solicits:
(1) In an aggressive manner in a public area;
(2) On, in or from the median of a divided street, road or highway;
(3) Within 25 feet of:
(a) An automated teller facility;
(b) The entrance or exit of a bank;
(c) The entrance or exit of a check cashing business; or
(d) The entrance or exit of a restaurant or food service establishment or the service area of an outdoor eating establishment.
(4) At a marked crosswalk;
(5) On either side of the street on a block where a school attended by minors, or a childcare facility has an entrance or exit;
(6) Within the boundaries of the city between 7:00 p.m. and 9:00 a.m.
(C) A culpable mental state is not required, and need not be proved, for an offense under this division.
(D) A person commits an offense if the person solicits contributions between 7:00 p.m. and 9:00 a.m. by going to the door of a residence. Solicitation at a residence is prohibited if such residence displays a “No solicitation” or similar sign.
(E) This section is not intended to proscribe a demand for payment for services rendered or goods delivered.
(Ord. 2024-12, passed 5-28-24) Penalty, see § 106.99