(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates another meaning.
AGGRESSIVE PAN HANDLING. Includes approaching or following pedestrians, repetitive solicitation despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic.
AUTOMATED TELLER MACHINE or ATM. A machine, other than a telephone, that is capable of being operated by a patron to communicate to a financial institution;
(a) A request to withdraw money from an account directly or under a line of credit previously authorized;
(b) An instruction to deposit money in an account with the financial institution;
(c) An instruction to transfer money between one or more accounts maintained with the financial institution;
(d) An instruction to apply money against an indebtedness to the financial institution; or
(e) A request for information concerning the balance of the account with the financial institution.
FINANCIAL TRANSACTION. The actual purchasing, paying, charging or negotiating for the procurement or sale of any goods or services.
FUEL DISPENSING DEVICE. A pump or other machine utilized for dispensing fuel to motor vehicles or containers.
PAY TELEPHONE. Any coin-operated or credit or debit card reader operated telephone located on any public or private property that is accessible for public use.
PUBLIC PLACE. A street, sidewalk, or other place that is open to the public.
REQUEST. Any imperative instruction, whether verbal or non-verbal, by a solicitee to a solicitor to desist the solicitation including but not limited to words or gestures such as "stop," "back off," "stay back," "get away," "leave me alone," or "withdraw."
SOLICITATION. The act of panhandling by seeking through a communication with another person, whether by gesture or verbally, funds or goods for food, personal favors (such as trips, transportation, clothing, or other), drink, lodging, vehicle fare, or any other purpose to directly benefit an individual or his family members.
SOLICITEE. Any individual to whom a solicitor, as defined herein, directs a solicitation.
SOLICITOR. Any person who engages in the act of solicitation as defined above.
(B) It shall be a violation for anyone to knowingly with respect to the nature of their conduct or to circumstances surrounding their conduct to violate any provision of this section.
(C) Immediately upon any request from a solicitee to a solicitor, a solicitor who is in a public place when the request is made shall discontinue the solicitation until there is a space of at least ten feet between the solicitor and the solicitee. For the purposes of this division (C), distance shall be measured from any extension of the solicitor's body, including without limitation any sign or other object being used or carried by the solicitor, to any part of the solicitee's body.
(D) No solicitor shall engage in solicitation within a distance of 20 feet from any ATM, pay telephone, fuel dispensing device, or outdoor dining or seating establishment, including, but not limited to, a sidewalk cafe. For the purposes of this division (D), distance shall be measured from any extension of the solicitor's body, including without limitation any sign or other object being used or carried by the solicitor, to any part of the physical structure of the ATM, pay telephone, fuel dispensing device, or outdoor dining or seating establishment.
(E) No solicitor shall engage in solicitation of anyone who is engaged in a financial transaction.
(F) Aggressive panhandling as defined herein is prohibited.
(Ord. OR-1837-12, passed 6-11-12)