A. Solicitation Of Vehicle Occupants Prohibited In Public Highway Right Of Way Open To Vehicular Traffic: In order to prevent possible injury to pedestrians or distraction of motorists leading to auto crashes, it shall be unlawful for any person to sit or stand on a highway, as defined in Idaho Code 49-109(5), open to vehicular traffic to solicit business or contributions from the occupants of any vehicle.
B. Aggressive Soliciting Prohibited: It shall be unlawful for any person to engage in aggressive solicitation in any public place. For purposes of this section "aggressive solicitation" is defined as:
1. Continuing to solicit from a person after the person has given a negative response to the soliciting;
2. Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting;
3. Blocking, obstructing or interfering with the free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting;
4. Exhibiting threatening conduct or manner toward a person solicited which would cause a reasonable person to be fearful for his or her safety and/or the safety of his or her property;
5. Persisting in closely following or approaching the person being solicited and continuing to solicit after the person has informed the solicitor by words or conduct that the person does not want to be solicited or does not want to give money or anything of value to the solicitor;
6. Using profane or abusive language in the course of solicitation that would be likely to provoke an immediate defensive reaction from the person being solicited or would cause a reasonable person to be fearful for his or her safety or well being;
7. Soliciting money from anyone who is in a fixed location whether waiting in line for tickets, waiting to enter a building at a particular place or for another purpose that limits the ability of a person solicited to move away from a solicitor.
C. Limiting Solicitation In Certain Circumstances: It shall be unlawful for any person to engage in solicitation in any place to which the public or a substantial part of the public has access, including streets, highways, transportation facilities, schools, places of amusement, parks, playgrounds and the common areas of public and private buildings and facilities, including parking lots or any other area intended for use by the public in any of the following circumstances:
1. To solicit funds or business on any private or residential property after having been asked to leave, or to refrain from soliciting, by the owner or other person lawfully in possession of the real property.
2. Without permission of the owner or other person lawfully in possession of the real property, to solicit within twenty feet (20') of any automated teller machine. Provided, however, that when an automated teller machine is located within an enclosed automated teller machine facility, the distance shall be measured from the entrance or exit of the facility.
3. To solicit for funds or business in or upon any public transportation vehicle or public transportation facility, at any bus stop or in any public parking lot, structure or other parking facility operated by a public agency.
4. To solicit for funds or business activity within ten feet (10') of an entrance to a building fronting upon public property or a public highway as defined by Idaho law, unless permission is expressly granted by the owner of the abutting business.
5. To solicit funds or business activity from any person entering or exiting a parked motor vehicle or in a motor vehicle stopped on a public street.
6. To solicit funds or business activity from any person located within the patio or sidewalk area of a retail business establishment that serves food and/or drink.
7. To solicit funds or business activity from one-half (1/2) hour after sunset until one-half (1/2) hour before sunrise, except as may otherwise be allowed at any time on private property by permission of the business and/or landowner. (Ord. 537, 10-8-2013)