(A) A person commits an offense if he conducts a solicitation in an aggressive or intimidating manner.
(B) (1) A person commits an offense if he conducts a solicitation in any outdoor area in the city at any time after 7:00 p.m. Central Standard Time or 8:30 p.m. Daylight Savings Time; or Sunday; or on any of the following holidays: Good Friday; Thanksgiving Day; the day after Thanksgiving Day; Christmas Eve; and Christmas Day.
(2) It is a defense to prosecution under this division if the solicitation:
(a) Consists exclusively of passive, nonverbal acts; or
(b) Was being conducted on the property with the advance written permission of the owner, manager or other person in control of the property.
(C) A person commits an offense if he or she conducts solicitation at any time within a solicitation-free zone. It is an affirmative defense to prosecution under this division if the solicitation was being conducted on property with advanced written permission of the owner, manager, or other person in control of the property.
(D) A person commits an offense if he or she conducts a solicitation of any person within 50 feet of:
(1) An automated teller machine;
(2) An entrance or exit of a bank, credit union, or other similar financial institution;
(3) An exterior public pay phone;
(4) A self-service car wash;
(5) A self-service fuel pump;
(6) A public transportation stop; or
(7) An outdoor dining area of a fixed food establishment.
(E) For the purpose of division (D) measurement will be made in a straight line, without regard to intervening objects or structures, from the nearest point at which a solicitation is being conducted to whichever is applicable of the following:
(1) The nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the automated teller machine;
(2) The nearest entrance or exit of a bank, credit union, or other similar financial institution;
(3) The nearest part of an exterior public pay phone;
(4) The nearest part of a structure of a self-service car wash;
(5) The nearest part of a self-service fuel pump;
(6) The nearest point of any sign or marking designating an area as a public transportation stop; or
(7) The nearest part of any table in an outdoor dining area or, if the outdoor dining area is contained within an open-air enclosure, the nearest part of that enclosure.
(F) It shall be unlawful for any person to conduct a solicitation within a roadway, or on any median or traffic island within the right-of-way of any street or highway within the city.
(G) It shall be unlawful for the driver of any vehicle or any person to conduct a solicitation by a direct transaction or exchange with the occupant of any vehicle stopped or traveling on any street or highway in the city which is designated as an arterial or collector on the city's thoroughfare plan.
(H) An offense under divisions (F) and (G) occurs when the solicitation is made regardless of whether a transaction is completed.
(Ord. OR-2221-21, passed 10-11-21; Ord. OR-2237-22, passed 1-10-22)