As used in this chapter:
(a) "Aggressive manner" means:
(1) "Threatening approaches." Approaching the person being solicited in a manner that:
A. Is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
B. Is intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation or to chastise verbally or by physical response the person solicited for not responding affirmatively to the solicitation.
(2) "Following." By following behind, ahead or alongside for any distance a person who walks or drives away from the person being solicited or if solicitor gesticulates or demonstrates verbally or physically objection, displeasure or disagreement, i.e. swearing, calling abusively, obscene gesture toward the person or vehicle of the person solicited.
(3) "Physical contact." Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation, or approaching within three feet of the person, except with the consent of the person solicited.
(4) "Continuing to solicit." Continuing to solicit after the person has made a negative response.
(5) "Verbal threats." Intentionally or recklessly using words:
A. Intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon the person or property of the person solicited; or
B. To offend, chastise or intimidate the person solicited for not donating or contributing or to intimidate the person solicited into responding affirmatively to the solicitation.
(6) "Blocking sidewalks or streets." Intentionally or recklessly blocking the safe or free passage of the person being solicited or diverting the attention of a driver of a vehicle by sign or verbal communication in such manner as to cause the driver or driver of another vehicle to slow, stop, change course or lanes, delay or fail to obey a traffic sign or signal.
(b) "Central Business District" means the designated historic district between Hickory and King Streets and 9th Avenue to 12th Avenue, commonly known as the downtown area of Sidney, Nebraska.
(c) "Exit 59 Business Area" means the area described as the corporate or commercial area immediately north and south of Old Post Road and East Old Post Road to and including the Wal-Mart store bounded on the north by the City corporate limits and including those businesses adjacent to Highway L-17-J.
(d) "Intimidate" means to engage in conduct which disturbs the peace of another, makes another feel insecure as regards their person or property, or threatens or results in the person solicited being fearful of harm to their personal safety or property.
(e) "Panhandling" means any verbal or non-verbal solicitation made in person upon any public street, sidewalk, alley, park, public right-of-way or other public place, in which a person requests an immediate donation of any item of value, monetary or otherwise, from another person, and includes but is not limited to seeking donations of any item of value, monetary or otherwise:
(1) By a spoken, written or printed appeal or for music, singing, or other street performance; or
(2) Where the person being solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.
(f) "Passive manner" means standing, sitting or performing music, singing or other street performance with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person.
(g) "Person" means both individual persons, organizations, and representatives of organizations.
(h) "Public area" is an area used by the general public, including, but not limited to, alleys, bridges, buildings, driveways, parking lots, parks, plazas open to the general public, and sidewalks and streets and public rights-of-way abutting same, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.
(i) "Solicitation" means any request made in person seeking an immediate donation of money, food, cigarettes, or items of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this chapter.
(j) "To solicit" includes, without limitation, the spoken, written or printed word or such other acts or bodily gestures as are conducted in furtherance of the purposes of soliciting or asking for any item of value, monetary or otherwise.
(Ord. 1639. Passed 6-8-10.)