(a) Definitions. For purposes of this section:
(1) "Solicit" means 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.
(2) "Aggressive manner means:
A. Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent, or
B. Following the person being solicited, if that conduct is:
1. Intended to or is likely to place another in reasonable apprehension of immediately suffering physical pain or injury or the commission of a criminal act upon property in the person's possession; or
2. Intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation, or
C. Continuing to solicit within five feet of the person being solicited after the person has made a negative response, if continuing the solicitation is:
1. Intended to or is likely to another in reasonable apprehension of immediately suffering physical pain or injury or the commission of a criminal act upon property in the person's possession; or
2. Intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation, or
D. Intentionally or recklessly blocking the safe or free passage of the person or vehicle being solicited or requiring the person or vehicle operator to take evasive action to avoid physical contact with the person making the solicitation; or
E. Intentionally or recklessly using obscene, abusive or threatening language or gestures towards a person being solicited that is:
1. Intended to or likely to another in reasonable apprehension of immediately suffering physical pain or injury or the commission of a criminal act upon property in the person's possession; or
2. Words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation, or
F. Approaching the person being solicited in a manner that is:
1. Intended to or is likely to another in reasonable apprehension of immediately suffering physical pain or injury or the commission of a criminal act upon property in the person's possession; or
2. Intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
(3) "Automated teller machine" means 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.
(4) "Public area" means 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.
(b) Prohibited Acts. It shall be unlawful for any person 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) Within fifteen feet of any entrance or exit of any bank or within fifteen feet of any automated teller machine abutting a public right-of-way during the hours of operation of such bank or automated teller machine.
(3) On private property of the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.
(c) Construction and Severability.
(1) Severability is intended throughout and within the provisions of this Code section. If any subsection, sentence, clause or phrase of this Code section is held invalid or unconstitutional by a court of competent jurisdiction, then such judgment shall in no way affect or impair the validity of the remaining portions of this Code section.
(2) This Code section is not intended to prohibit any demand for payment for services rendered or goods delivered.
(3) This Code section is not intended to create a result through enforcement that is absurd, impossible or unreasonable. This Code section should be held inapplicable in any such cases where its application would be unconstitutional under the Constitution of the State of West Virginia or the Constitution of the United States of America.
(d) Penalty. Any person, firm or corporation violating any provision of this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00)
for each offense.
(Ord. 0-1492. Passed 10-28-14.)