It shall be unlawful for a person to solicit or distribute handbills in an aggressive manner. Any person found guilty of violating this section is guilty of a misdemeanor, as provided in section 1-4-1 of this code.
A. Definitions:
AGGRESSIVE MANNER: To:
1. Intentionally make any nonconsensual physical contact with another person in the course of a solicitation or handbill distribution; or
2. Approach or follow the person being contacted in a manner that is intended to cause a reasonable person to be intimidated into responding affirmatively to the solicitation or handbill distribution for fear of imminent bodily harm to oneself or another, or damage to or loss of property; or
3. Continue to solicit or distribute handbills within five feet (5') of the person being contacted after the person has given or expressed a negative response, if continuing the solicitation or handbill distribution is intended to cause a reasonable person to be intimidated into responding affirmatively to the contact for fear of imminent bodily harm to oneself or another, or damage to or loss of property; or
4. Intentionally obstruct the safe or free passage of the person being contacted, causing the person, including a person operating a vehicle, to move from his or her intended path to avoid reasonably imminent nonconsensual physical contact with the person making the contact; or
5. Make any threatening statement or gesture immediately before or during the contact or after a refusal to accept the handbill or make a donation intended to cause a reasonable person to be intimidated into responding affirmatively to the contact for fear of imminent bodily harm to oneself or another, or damage to or loss of property.
CONTACT: To make an offer to, or to touch, an individual in order to distribute a handbill or for the purposes of solicitation.
HANDBILL DISTRIBUTION: The passing out of one or more papers or pamphlets containing writings and/or pictures.
SOLICIT OR SOLICITATION: To request, ask or beg, whether by words, bodily gestures, signs, or other means, for an immediate donation of money or other thing of value, including the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is a donation. (Ord. 1330, 8-10-2016)