AGGRESSIVE OR ABUSIVE MANNER: A solicitation via any of the following acts or conduct:
(A) Intentionally coming within three feet (3') of a solicited person unless and until that person has indicated, by word or conduct, that he or she wishes to make a donation;
(B) Intentionally blocking the path of or impeding the passage or free use of a sidewalk or public right of way by a solicited person;
(C) Intentionally falling behind, beside or in front of a solicited person after that person has indicated, by word or conduct, that he or she does not wish to make a donation;
(D) Continuing to request a donation from a solicited person after that person has indicated, by word or conduct, that he or she does not wish to make a donation;
(E) Approaching a solicited person when that person is entering or exiting a motor vehicle or assisting another in doing so;
(F) Rending any service to a motor vehicle, including, but not limited to, any cleaning, washing, protecting, guarding or repairing of said vehicle or any portion thereof, without the consent of the owner, operator or occupant of such vehicle, and thereafter requesting payment for the performance of such service, regardless of whether such vehicle is stopped, standing, or parked;
(G) Threatening a solicited person, by word or conduct, with physical harm or violence;
(H) Using profane or abusive language toward a solicited person;
(I) Intentionally touching or attempting to touch a solicited person without that person's consent;
(J) Any other words or conduct that would cause a reasonable person, in the position of the solicited person, to fear for his or her safety, the safety of his or her property or the safety of another person accompanying the solicited person;
(K) Intentionally blocking the path of a motor vehicle.
AUTOMATED TELLER MACHINE OR ATM: An electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, savings, or convenience account.
BANK: A member bank of the federal reserve system, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank deposits of which are insured by the federal deposit insurance corporation.
CHECK CASHING BUSINESS: Any person duly licensed as a check seller, bill payer, or prorater or who operates a business that conducts deferred deposit transactions pursuant to California Financial Code sections 12000 et seq., and 23000 et seq., and California Civil Code section 1789.30, or any other similar business.
CREDIT UNION: A federal credit union and any state chartered credit union the accounts of which are insured by the administrator of the national credit union administration.
PUBLIC PLACE: A place, whether publicly or privately owned, to which the public or a substantial group of persons has access, and includes, but is not limited to: any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, doorway, entrance, lobby, or other portion of any business establishment including an apartment house or hotel not constituting a room or apartment designed for actual residents.
SAVINGS AND LOAN ASSOCIATION: A federal and savings and loan association and any "insured institution" is defined by section 401 of the national housing act, as it may be amended, and any federal credit union as defined in section 2 of the federal credit union act, or as it may be amended.
SOLICITATION: Any request, by words or physical gesture, made in person seeking an immediate donation or contribution of money or other item of value. For the purposes of this chapter, a donation also includes the purchase of an item for an amount far exceeding its value under circumstances where a reasonable person would understand that the purchase is a donation or contribution. For the purposes of this chapter, solicitation includes to solicit or beg. Solicitation, for the purposes of this chapter, does not include a person who is soliciting by use of passive displays or a sign or other indication that he or she is seeking donations or contributions, or when he or she does not address the solicitation to any specific person other than in response to an inquiry by that person. (Ord. 2014-2, 2-18-2014)