509.08 IMPROPER SOLICITATION.

   (a)    Definitions. For purposes of this section, the following terms shall be defined as set forth below:

      (1)    “Solicit" and «Solicitation" mean 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. “Solicit" and “Solicitation" do not include 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 from another person.

      (2)    “Public place" means any 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 and streets.

   (b)    Time Restrictions. It is unlawful for any person to solicit after sunset and before sunrise.

   (c)    Place Restrictions. It is unlawful for any person to solicit in any of the following places:

      (1)    In any public transportation vehicle, or at any bus or train stop.

      (2)    In any vehicle on the street from any occupant or operator, or from any person entering or exiting a vehicle.

      (3)    On private property, unless the solicitor has permission from the property owner.

   (d)    Manner Restrictions. It is unlawful for any person to solicit in any of the following manners:

      (1)    By coming within three feet of the person solicited, unless that person has indicated that he or she wishes to make a donation.

      (2)    By blocking the path of a person solicited along a sidewalk or street;

      (3)    By following a person who walks away from a solicitor;

      (4)    By soliciting in an aggressive manner, including any of the following actions:

         (A)    Soliciting in a manner that would alarm, intimidate, menace, harass, or coerce a reasonable person;

         (B)    Soliciting from a person who gives notice or demonstrates verbally or physically that such solicitation is offensive;

         (C)    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

         (D)    By touching the solicited person without a statement, gesture or other communication suggesting that the person being solicited consents to the touching.

   (e)    Restrictions on False or Misleading Solicitation. 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 or otherwise indicating 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 or otherwise indicating that the donation is needed to meet a need that does not exist;

      (3)    Stating or otherwise indicating that the person soliciting is stranded when that is not true;

      (4)    Stating or otherwise indicating that the person is homeless when that is not true;

      (5)    Stating or otherwise indicating that the person soliciting is a member or veteran of the military when that is not true;

      (6)    Stating or otherwise indicating that the person suffers from a mental or physical disability or deformity when the solicitor does not suffer from the disability indicated.

   (f)    Each section and subsection herein is hereby declared to be an independent section and subsection and, notwithstanding any other evidence of legislative intent, that if any section or subsection, or any provision thereof, of the application thereof to any person or circumstance, is held to be invalid, the remaining sections or subsections and the application of such provision to any other person or circumstance, 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 section have been adopted independently of such section, sections, or subsections so held invalid.

   (g)    Whoever violates this section is guilty of a minor misdemeanor. If any offender has a prior conviction under this section within one year from the date of the offense, he or she is guilty of a fourth degree misdemeanor.

(Ord. 15-325. Passed 10-7-15.)