(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. Nor shall the terms “Solicit” and “solicitation” apply to the act of selling an item for value.
(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) Unlawful Solicitations. It is unlawful for any person to solicit in the following places or under the following conditions:
(1) In any public transportation vehicle;
(2) Within 20 feet of an automatic teller machine or entrance to a bank;
(3) From any operator or occupant of a motor vehicle or from any person entering or exiting a motor vehicle;
(4) On private property without permission from the owner; or
(5) After 8:00 p.m. and before 7:00 a.m. during the dates on which Daylight Savings time is in effect; or after 7:00 p.m. and before 7:00 a.m. during any dates on which Daylight Savings Time is not in effect. The dates for the annual duration of Daylight Savings Time shall be as established by the federal government of the United States.
(c) Reckless Solicitations. It is unlawful for any person to recklessly cause inconvenience, annoyance, or alarm to another by soliciting from another person when the other person is located in the following places or is facing the following conditions:
(1) At any bus stop;
(2) Within 20 feet of any crosswalk; or
(3) While standing in line waiting to be admitted to a commercial establishment.
(d) Aggressive Solicitations. 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.
(e) Misrepresentations. It is unlawful for any person to knowingly make a false or misleading representation in the course of soliciting a donation. False or misleading representations include, but are not limited to the following:
(1) Stating that the donation is needed to meet a specific need, when the person soliciting already has sufficient funds to meet that need and does not disclose that fact;
(2) Stating that the donation is needed to meet a need that does not exist;
(3) Stating that the person soliciting is from out of town and stranded, or that he or she is homeless when that is not true;
(4) Stating or representing that the person soliciting is a member of a military service when the person soliciting is neither a present nor a former member of a military service;
(5) Stating or representing that the person soliciting suffers from a mental or physical disability or deformity when the person soliciting does not suffer the disability or deformity indicated.
(f) Minor Solicitation. No parent, guardian or adult person having legal care, control or custody of a minor shall cause, allow or procure such minor to solicit in or upon any public or private property.
(g) Registration to Solicit.
(1) No person shall solicit without a registration being issued by the Chief of Police. Any person who has registered shall keep a copy of the registration on their person at all times while soliciting and shall show it to any police officer upon request. No person whose registration has been revoked shall solicit for a period of two (2) years following the revocation.
(2) The Chief of Police shall issue the registration, without fee, to any eligible person who presents themselves to the Wauseon Police Department, states their true name, presents a photo identification or signs a declaration under penalty of perjury that they have no such identification, and permits themselves to be photographed and fingerprinted.
(3) A person is ineligible to register if within the past five (5) years (1) they have plead or been found guilty to two or more violations of this section; (2) has had a registration revoked pursuant to (6) below; or (3) has plead or been found guilty of two or more offenses under the laws of any jurisdiction which involve aggressive or intimidating behavior while soliciting or false or misleading representations while soliciting.
(4) Upon receipt of an application for registration in accordance with (2) above, the Chief of Police shall issue a temporary registration valid for ten (10) days and shall determine eligibility for a regular registration before its expiration. An eligible candidate shall receive a regular registration upon determination of the applicant’s eligibility. The regular registration shall expire one (1) year from the date of issuance. Along with the registration, the Chief of Police shall give the applicant a copy of this section.
(5) No person shall make false or misleading representation while applying for a registration under this section.
(6) Upon arrest for any violation of this section, a solicitor shall release to the arresting officer any registration issued under this section to the arrestee. The arrestee may apply to the Chief of Police for a consecutive 30-day temproary registration pending adjudication of the case. The Chief of Police shall revoke any registration issued under this section to a person who has plead guilty or has been found guilty of any provision of this section.
(7) Any applicant has the right to appeal the denial or revocation of registration by immediate review by a court of competent jurisdiction or by appealing the decision to the Street Committee. The appeal shall be scheduled as soon as possible but no later than ten (10) days after the receipt of the notice of denial has been given to the applicant. If the Committee finds in favor of the applicant, the Committee shall direct the Chief of Police to issue the registration. The applicant may appeal the decision of the Committee to a court of competent jurisdiction.
(h) Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
(Ord. 2016-8. Passed 8-15-16.)