(a) The following definitions shall apply in this section:
(1) "Aggressively Beg" means to beg with the intent to intimidate another person into giving money, goods, or other property of value to the one begging.
(2) "Automated Teller Machine" means a device linked to a financial institutions account records that is capable of carrying out transaction(s), including but not limited to, account transfers, deposits, withdrawals, balance inquiries, and mortgage and loan payments.
(3) "Beg" means to ask for money, goods, or other property of value as a charity, whether by words, gestures, signs, or other means.
(4) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled to act in a certain manner or to achieve a certain result.
(5) "Obstruct Pedestrian or Vehicular Traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or by a vehicle, or to require another person or vehicle to take evasive action to avoid physical contact. Acts constituting an exercise of one's constitutionally protected right to protest or to express a particular opinion of legitimate public import shall not constitute obstruction of pedestrian or vehicular traffic if conducted in a reasonable, safe, and lawful manner.
(b) No person shall intentionally obstruct pedestrian or vehicular traffic while on the street, sidewalk, or other public place, whether publicly or privately owned, within the limits of the City of Newark, Ohio.
(c) No person shall aggressively beg while on the street, sidewalk, or other public place, whether publicly or privately owned, within the limits of the City of Newark, Ohio.
(d) When determining whether intimidation is present in a persons words or actions pursuant to this section, the trier of fact shall consider the time of day, whether the person begging acted alone or in concert with others, the relative physical size of the persons involved, any stated or implied threat to the other person, their immediate companions, or any property in their immediate possession, as well as all other factors affecting consideration of whether a reasonable person would feel fearful or compelled to give the person begging either money or other items of value.
(e) Proof of any of the following factors shall constitute prima facie evidence that the begging in question was done with the intent to intimidate another:
(1) That the begging was conducted within 20 feet of the entrance to or exit from a check cashing business as defined by Ohio R.C. 1315.21(c).
(2) That the begging was conducted within 20 feet of an automated teller machine as defined herein or the entrance to or exit from an automated teller machine facility.
(3) That the person begging approached the operator or occupant of a motor vehicle while the vehicle was located on any street and offered to perform a service, performed a service without prior grant of permission and then demanded payment for such service, or offered to sell goods or services for more than their usual or customary value.
(4) That the person begging intentionally touched or caused physical contact with the other person without consent in the course of begging, followed the other person before, after, or during the course of begging, or persisted in begging after the other person had given a response that a reasonable person would understand to be in the negative to such request.
(5) That the person begging employed the use of violent or threatening words, phrases, or gestures toward the other person in the course of begging.
(f) Whoever violates section 648.14(b) is guilty of pedestrian or vehicular interference, a misdemeanor of the fourth degree. If a person has been previously convicted of a violation of section 648.14 (b) or any other substantially similar state statute or municipal ordinance, the offense of pedestrian or vehicular interference is a misdemeanor of the third degree.
(g) Whoever violates section 648.14(c) is guilty of aggressive panhandling, a misdemeanor of the third degree. If a person has been previously convicted of a violation of section 648.14 (c) or any other substantially similar state statute or municipal ordinance, the offense of pedestrian or vehicular interference is a misdemeanor of the second degree.
(Ord. 07-6. Passed 2-5-07.)