(A) Loitering, panhandling and/or begging are prohibited.
(B) Definitions. For purpose of this section:
AGGRESSIVE MANNER. Means:
(a) Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into giving money or other things of value;
(b) Continuing to solicit from a person after the person has given a negative response to the soliciting;
(c) Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting;
(d) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
(e) Using violent or threatening gestures toward a person solicited;
(f) Following the person being solicited, with the intent of asking that person for money or other things of value;
(g) Speaking in a volume unreasonably loud under the circumstances; or
(h) Soliciting money from anyone who is waiting in line for entry to a building or for another purpose.
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 inquires, and mortgage and loan payments.
FINANCIAL INSTITUTION. Any bank, credit union, savings and loan or other similar business.
PUBLIC PLACE. A place where a governmental entity has title, to which the public or a substantial group of persons has access, including but not limited to any street, highway, parking lot, playa, transportation facility, school, place of amusement, park or playground.
SOLICITING. Asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Soliciting shall include using the spoken, written or printed word, bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other things of value or soliciting the sale of goods or services.
(C) Prohibited Acts.
(1) No person shall solicit in an aggressive manner in any public place.
(2) No person shall solicit on private or residential property without having first obtained permission from the owner or other person lawfully in possession of the property.
(3) No person shall solicit within 20 feet of any entrance or exit of any financial institution or 20 feet of any automated teller machine without the consent of the owner of the property or another person legally in possession of the facilities.
(4) No person shall solicit an operator or other occupant of a motor vehicle.
(5) No person shall solicit any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying or reserving a public parking space, or directing the operator or occupant to a public parking space.
(6) No person shall solicit while under the influence of alcohol or a controlled substance.
(7) No person shall solicit by stating that funds are needed to meet a specific need, when the solicitor has the funds to meet that need, does not intend to use funds to meet that need, or does not have that need.
(8) No person shall solicit in any public transportation vehicle or at any bus stop or in any public parking lot or structure.
(9) No person shall solicit within six feet of an entrance to a building.
(10) No person shall solicit within 20 feet of any pay telephone, provided that when a pay telephone is located within a telephone booth or other facility, the distance shall be measured from the entrance or exit of the telephone booth or facility.
(11) No person shall solicit any time before sunset or any time after sunset.
(12) No person shall solicit any time within 20 feet of any public restroom facility.
(D) Penalties. Any violation of the provisions of this section is punishable by imprisonment for not more than 30 days or by fine not to exceed $200.00, or by both.
(Ord. passed 7-1-2015)