AGGRESSIVE BEGGING, PANHANDLING or SOLICITATION. Includes the following forms of conduct:
(1) Confronting someone in a way that would cause a reasonable person to fear bodily harm;
(2) Accosting an individual by approaching or speaking to the individual or individuals in such a manner as would cause a reasonable person to fear imminent harm or the commission of a criminal act upon his or her person, or upon property in his or her immediate possession;
(3) Touching someone without his or her consent;
(4) Using obscene or abusive language toward someone while attempting to panhandle or solicit him or her;
(5) Forcing oneself upon the company of another by engaging in any of the following conduct:
(a) Continuing to solicit in close proximity to the individual addressed after the person to whom the solicitation is directed has made a negative response, either verbally, by physical sign, by attempting to leave the presence of the person soliciting, or by other negative indication; or
(b) Blocking the passage of the individual solicited; or
(c) Otherwise engaging in conduct that could reasonably be construed as intending to compel or force a person to accede to a solicitation.
(6) Acting with the intent to intimidate someone into giving money; or
(7) Other conduct that a reasonable person being solicited would regard as threatening or intimidating in order to solicit a contribution or donation.
AREAS WITH HEIGHTENED PERSONAL SECURITY CONCERNS. Include the following locations:
(1) A public parking lot, between dusk and dawn, when a reasonable individual would have a justified, reasonable concern for his or her safety, security, and welfare;
(2) Access to building entrances, public events venues, public accommodations or commercial businesses where a reasonable individual would have a reasonable, justified concern for his or her personal security due to congestion and close proximity to others;
(3) Areas within a designated commercial district in which a high volume of pedestrian traffic or narrow sidewalks and streets give a reasonable person a justified, reasonable concern about his or her personal security due to congestion and close proximity to others; or
(4) Other areas in which congestion could give a reasonable person a reasonable, justified concern for his or her personal security due to congestion and close proximity to others.
AREAS WITH HEIGHTENED PERSONAL PRIVACY CONCERNS. Include the following:
(1) An automated teller machine or financial institution in which an automated teller machine is located, where FINANCIAL INSTITUTION means any bank, industrial bank, credit union, or savings and loan.
(2) A sidewalk cafe during operating hours unless the solicitor's presence is authorized by the proprietor;
(3) Other locations in which a reasonable person would have a reasonable and justified concern about whether congestion and close proximity to others could compromise his or her interests in privacy.
AREAS WITH HEIGHTENED PUBLIC SAFETY CONCERNS. Include the following:
(1) Streets or highways;
(2) Traffic medians where such medians provide a flat space for standing; and
(3) Traffic medians of whatever size within designated high traffic or high speed roadways.
BEGGING, PANHANDLING AND CHARITABLE OR POLITICAL SOLICITATION. Includes the following activities:
Actions that are conducted in the furtherance of the purpose of immediately collecting contributions for the use of one's self or others. As used in this chapter, the word, SOLICIT, and its forms, includes requests for funding arising from begging, panhandling, charitable or political fundraising initiatives. BEGGING, PANHANDLING AND CHARITABLE OR POLITICAL SOLICITATION includes both aggressive and passive forms of begging, panhandling and charitable or political solicitation, but these forms are regulated separately under this chapter.
HIGH TRAFFIC ROADWAYS. Include the following:
(1) JK Powell Blvd;
(2) Washington Street;
(3) Jefferson Street;
(4) Lee Street;
(5) Franklin Street; and
(6) Madison Street.
HIGH SPEED ROADWAYS. Include the following:
US Hwy 74/76.
REGULATED TRAFFIC MEDIANS. Include areas that meet the following definitions:
Areas with medians situated between traffic lanes running in opposite directions. PASSIVE PANHANDLING, BEGGING, CHARITABLE OR POLITICAL SOLICITATION. Includes conduct that falls within the definition given above in this section, but only such conduct that involves requests for contributions presented in writing without speaking or oral requests for contributions that do not constitute AGGRESSIVE PANHANDLING, BEGGING, CHARITABLE OR POLITICAL SOLICITATION as defined in this section.
(Ord. 2018-O-63, passed 9-11-2018; Ord. 2018-O-68, passed 10-23-2018) Penalty, see § 92.99