A. No person shall do any of the following:
1. Intentionally or recklessly make any physical contact with or touch another person or the person's property in the course of soliciting without the person's consent;
2. Approach or follow the person being solicited, if that conduct is: a) 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) intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation or continue to aggressively solicit from a person after the person has given a negative response or blocks the person who has given a negative response;
3. Intentionally or recklessly block the safe or free passage of the person being solicited or require the person or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. There shall be: a) a rebuttable presumption that placing items of personal property on a sidewalk resulting in less than the three feet (3') of walking space is done with the intent to block passage on the sidewalk; b) a rebuttable presumption that engaging in solicitation in the designated traffic lane of a public roadway or on a median between designated travel lanes of a public roadway is done with the intent to block passage on the roadway. Acts authorized as an exercise of one's constitutional right to picket or legally protest and acts authorized by a permit issued pursuant to title 8, chapter 5 of this Code, shall not constitute obstruction of a pedestrian or vehicular traffic;
4. Intentionally or recklessly use obscene or abusive language or gestures: a) intended to or 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) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation.
B. Off premises commercial solicitation within the Historic Preservation District is prohibited except that established business within the Historic Preservation District may solicit:
1. Within twenty five feet (25') radius from the front door of their own establishments, having no more than four (4) solicitors per business ownership, or
2. Behind the "Road Closed" barricade on Allen Street at the intersections of Allen Street and 3rd, 4th, 5th and 6th Streets, having no more than two (2) solicitors per business ownership.
C. No person engaged in solicitation may solicit within fifteen feet (15') of another person engaged in soliciting including solicitation from the same business or show. (Ord. 2017-03, 4-24-2017)