(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE MANNER. Includes either individually or as a group:
(a) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent;
(b) Approaching or following the person being solicited, if the conduct is:
1. Intended to or is likely to cause a reasonable person to fear imminent bodily harm to oneself or another, or damage to or loss of property, or the commission of a criminal act upon the person or property in the person’s possession;
2. Intended to or is reasonably likely to intimidate a reasonable person being solicited into responding affirmatively to the solicitation;
3. Continuing to solicit within five feet of the person being solicited after the person has made a negative response to such solicitation;
4. Intentionally, knowingly or recklessly obstructing the safe or free passage of the person being solicited, or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one’s constitutional right to picket or legally protest, and acts authorized by a permit issued by the city, shall not constitute obstruction of pedestrian or vehicular traffic; or
5. Intentionally or recklessly using obscene or abusive language or gestures:
a. Intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon the person or property in the person’s possession; or
b. Intended to or is reasonably likely to intimidate a reasonable person into responding affirmatively to the solicitation.
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 automated teller machines and any adjacent space which is made available to banking customers after regular banking hours. It shall be presumed that any automobile parking space within 25 feet of an automated teller machine is part of the AUTOMATED TELLER MACHINE FACILITY to provide access to bank customers.
BANK. A bank, credit union or other similar financial institution.
PUBLIC AREA. An area to which the public or a substantial group of persons has access and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.
PUBLIC TRANSPORTATION VEHICLE. Any vehicle used for the transportation of passengers on scheduled routes on an individual passenger fare-paying basis.
SOLICIT. To request an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purpose or intended use of the money or other thing of value. The SOLICITATION may be, without limitation, by the spoken, written or printed word, or by other means of communication.
(B) Prohibited acts. It shall be unlawful for any person or group to solicit money or other things of value, or to solicit the sale of goods or services:
(1) In an aggressive manner in a public area;
(2) In any public transportation vehicle or from any persons within 15 feet of any transit stop, bus stop, taxi stand, train station platform or the inside of the train station, except that the operator of public transportation vehicle may request or accept payment of a fare;
(3) Within 15 feet of any entrance or exit of any bank or automated teller machine facility, without the consent of the owner or other person legally in possession of such facility; or
(4) Immediately adjacent to the entrance of a business in a manner that physically interferes with ingress or egress to that business entrance.
(1976 Code, § 10-1-26) (Ord. 623-15, passed 2-25-2015) Penalty, see § 130.99