§ 116.02 DEFINITIONS.
   For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCOSTING. Approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his or her person, or upon property in his or her immediate possession.
   AFTER DARK. From one-half hour after sunset until one-half hour before sunrise. The times of sunset and sunrise will be established by the times listed in the Morganton New Herald or another publication of similar distribution.
   AUTOMATED TELLER MACHINE. Any device or machine, 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 inquires, and mortgage and loan payments, and includes an automated banking device as defined by G.S. § 14-113.8
   BEG, SOLICIT, or PANHANDLE. Includes, without limitation, use of the spoken, written, or printed word, or other acts as are conducted in the furtherance of the purpose of immediately collecting contributions of money, food, or employment for oneself or others. As used in this chapter, the word SOLICIT, and its forms, includes begging and panhandling.
   FINANCIAL INSTITUTION. A bank, trust company, savings and loan association, credit union, check-cashing business, or other entity principally engaged in the business of lending money or receiving or soliciting money on deposit.
   FORCING ONESELF UPON THE COMPANY OF ANOTHER.
      (1)   Continuing to solicit in close proximity to the person addressed after the person to whom the solicitation is directed has made a negative response, either verbally, by physical sign, by attempting to leave the presence of the person soliciting, or by other negative indication;
      (2)   Blocking the passage of the person solicited; or
      (3)   Otherwise engaging in conduct that could reasonably be construed as intending to compel or force a person to accede to a solicitation.
   PERSON. An individual, firm, partnership, association, corporation, organization, or any other group acting as a unit.
   PUBLIC AREA. Any area to which the general public has access, and includes, but is not limited to, public streets, rights-of-way, alleys, roads, highways, sidewalks, driveways, bridges, parking lots, parks, playgrounds, plazas, any property owned or operated by the city, and streets open to the general public and any buildings, premises, or other structures open to the general public including the doorways and entrances to such buildings, premises, or other structures and the grounds enclosing them.
(Ord. passed 3-7-2016)