(a) Definitions. For purposes of this section, the following terms shall be defined as set forth below:
(1) "Solicit" and "Solicitation" means to make any request in person while in a public place, for an immediate grant of money, goods or any other form of gratuity from another person(s) when the person making the request is not known to the person(s) who are the subject of the request, or to engage in such activity on private property.
However, the terms "solicit" and "solicitation" shall not mean the act of passively standing or sitting with a sign or other indicator that a donation of money, goods or any other form of gratuity is being sought without any vocal request other than a response to an inquiry by another person.
(2) "Public place" means a publicly owned building and premises appurtenant thereto, any public park, sidewalk or other right of way open to the general public and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, skywalks and streets.
(b) It is unlawful for any person to solicit in the following places or under the following conditions:
(1) Within 25 feet of an automatic teller machine or public entrance to a bank;
(2) From any operator or occupant of a motor vehicle or from any person entering or exiting a motor vehicle;
(3) On private property without permission from the owner;
(4) At any Summit County METRO or PARTA bus stop;
(5) Within 25 feet of any marked crosswalk;
(6) Within any private parking lot or garage without permission from the owner, or any public parking lot or garage;
(7) Within any City park or playground and 25 feet from the entrance thereto, unless permission is first obtained from City Council;
(8) After 8:00 p.m. and before 7:00 a.m. during any dates on which Daylight Saving Time is in effect; or after 7:00 p.m. and before 7:00 a.m. during any dates on which Daylight Saving Time is not in effect. The dates for the annual duration of Daylight Saving Time shall be as established by the federal government of the United States.
(c) It is unlawful for any person to solicit in an aggressive manner, including any of the following actions:
(1) Soliciting in a manner that impedes access to or from, or use of a building, vehicle or establishment;
(2) Soliciting in a manner that would alarm, intimidate, threaten, menace, harass, or coerce a reasonable person;
(3) By following behind, ahead or alongside, blocking the path of, or continuing to solicit a person who walks or drives away from the person soliciting or who gives notice or demonstrates verbally or physically that such solicitation is offensive, unwelcome or that the solicitation should cease;
(4) By using profane or abusive language or gestures either during the solicitation or following a refusal, or making any statement, gesture or other communication that would cause a reasonable person to be fearful or would be perceived as a threat; or
(5) By touching the solicited person without a statement, gesture or other communication that the person being solicited consents to the touching.
(d) Each section and each part of each section of this ordinance is hereby declared to be an independent section and part of a section and, notwithstanding any other evidence of legislative intent, that if any section or part of a section, or any provision thereof, or the application thereof to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those to whom it is held invalid, shall be affected thereby, and it is hereby declared to be the legislative intent that the provisions of this ordinance would have been adopted independently of such section, sections or parts of a section so held invalid.
(e) Whoever violates this section is guilty of a misdemeanor of the fourth degree. Whoever violates this section two times or more within one year is guilty of a third degree misdemeanor. (Ord. 2014-68. Passed 5-22-14.)