For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
Automated 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 and loan payments.
Automated Teller Machine Facility. The area comprised of one or more automatic teller machines and any adjacent space that is made available to banking customers after regular banking hours.
Aggressive Panhandling. Engaging in the following behavior in the course of a solicitation of another person:
(1) Persisting in soliciting money from, following, or approaching a person after the person has given a negative response by either words or conduct to a solicitation for money;
(2) Intentionally touching or causing physical contact with a person being solicited without that person’s consent;
(3) Intentionally blocking or interfering with the safe or free passage of a person exiting or entering a vehicle near an automated teller machine;
(4) Using violent or threatening gestures toward a person being solicited;
(5) Using profane or abusive language that is likely to provoke an immediate violent reaction from the person being solicited; or
(6) Approaching or following a person being solicited in a group of two or more persons, in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or damage to, or loss of, property or otherwise to be intimidated into giving money or other thing of value.
Check. Any check, draft, money order, or other instrument for the transmission or payment of money. Check does not include a traveler’s check, foreign denomination, or foreign drawn payment instrument.
Check Cashing Business. Any business engaged in the cashing of checks. This article shall not apply to:
(1) Any person who is principally engaged in the bona fide retail sale of goods or services, and who, either as incident to, or independent of, the retail sale or service, from time to time, cashes items for a fee or other consideration, where not more than $2, or 2 percent of the amount of the check, whichever is greater, is charged for the service; or
(2) Any person authorized to engage in business as a bank, trust company, savings bank, savings and loan association, financial services loan company, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia.
Donation. Any item of value, monetary or otherwise, accepted by a panhandler.
Panhandling or Soliciting. Any solicitation made in person upon any street or public place in the city in which a person requests an immediate donation from another person. The term does not include passively standing or sitting nor does it include performing music, singing, or conducting other street performances with a sign or other indication that money is being sought without any spoken request other than in response to an inquiry by another person.
Public Place. Any area to which the public is invited or permitted, including a public sidewalk or way.
(1990 Code, Ch. 29, Art. 17, § 29-17.1) (Added by Ord. 8-02)