The following definitions shall be applicable to this Chapter:
(a) "Public Property" means all property owned, controlled, or operated by any governmental entity, including but not limited to governmental offices or facilities, public streets, publicly owned parking lots, schools, libraries, post offices, transit facilities, and other public lands, parks, buildings, or grounds.
(b) "Automated-teller machine" means a bank or other financial institution's machine that is able to effectuate financial transactions, including, but not limited to: cash withdrawals, deposits, transfers, and other financial transactions or inquiries.
(c) "Right-of-Way" shall have the same meaning as in Section 4511.01 (UU) of the Ohio Revised Code, as amended from time to time.
(d) "Panhandling" shall mean to request verbally, in writing, or by gesture or other actions, money, items of value, a donation, or other personal financial assistance. Further, panhandling shall include any request for a person to purchase an Item for an amount that a reasonable person would consider to be in excess of its value.
(e) "Aggressive Manner" shall mean as follows:
(1) Before, during, or after attempting to engage in panhandling, any behavior that would cause a reasonable person to feel alarmed, intimidated, threatened, restrained, menaced, harassed, or coerced including but not limited to the use of any verbal threats, threatening gestures, abusive language, obscene gestures or obscene language, or screaming and other unreasonable noises;
(2) Before, during, or after attempting to engage in panhandling, blocking the passage of any person or vehicle that impedes the entrance into, or the exit out, of any vehicle, building, business, or establishment, or impedes the person's activities in the vehicle, building, business, or establishment;
(3) Any further attempt to solicit for panhandling after a person has given a negative response, verbally or physically, to a solicitation for panhandling that such solicitation should stop, or that it is unwelcome or offensive;
(4) Before, during, or after attempting to engage in panhandling, having any physical contact with the person that is being solicited by the person panhandling and/or touching or having physical contact with the clothing, purse, or other personal property of the person being solicited by the person panhandling without a statement or other communication that the person being solicited consents to the physical contact and/or touching of the person and/or the person's clothing, purse, or other personal property;
(5) Before, during, or after attempting to engage in panhandling, following behind, ahead, or alongside the person that is being solicited;
(6) Any further attempt to solicit for panhandling after the owner or occupant of private property requests that the person cease all solicitation for panhandling, or upon the request of the owner or occupant of the private property for the person panhandling to leave the property;
(7) Any type of panhandling which interferes or disrupts any activity or event occurring on public property, as defined in this Section;
(8) By coming within three (3) feet of the person solicited after that person has indicated that he or she does not wish to make a donation;
(9) By following a person who walks or drives away from the solicitor; or
(10) By making unreasonable noise or offensively coarse utterance, gesture, or display or communicating unwarranted or grossly abusive language, either during the solicitation or following a refusal.
(f) "False or misleading representations" shall mean as follows:
(1) Making statements or representing, either verbally or in writing, that the person panhandling suffers from a medical condition, mental or physical disability, or deformity when the person does not suffer from a medical condition, mental or physical disability, or deformity;
(2) Making statements or representing, either verbally or in writing, that the person panhandling has a minor child or other family member they are supporting who suffers from a medical condition, mental or physical disability, or deformity, when in fact that child or other family member does not suffer from a medical condition, mental or physical disability, or deformity and/or the person panhandling does not support that minor child or other family member;
(3) Making statement or representing, either verbally or in writing, that the person panhandling is a military veteran or active duty military member, when the person is not a military veteran or active duty military member;
(4) Making statement or representing, either verbally or in writing, that the person panhandling needs a donation to meet a specific need, when the person panhandling does not have the specific need and/or that person already has sufficient funds to meet that need and does not disclose that the person already has sufficient funds;
(5) Making statement or representing, either verbally or in writing, that the person panhandling is unemployed when the person panhandling is not unemployed; or
(6) Making statement or representing, either verbally or in writing, that the person panhandling is homeless and/or is stranded when in fact the person is not homeless or stranded.
(Ord. 30-2012. Passed 11-5-12.)