For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
(a) AGGRESSIVE MANNER
. Shall mean any of the following:
(1) Before, during, or after attempting to engage in enterprise solicitation, 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 enterprise solicitation, 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 a person that has given a negative response, verbally or physically, to enterprise solicitation that should stop, or that it is unwelcome or offensive;
(4) Before, during, or after attempting to engage in enterprise solicitation, having any physical contact with the person that is being solicited by the person soliciting and/or touching or having physical contact with the clothing, purse, or other personal property of the person being solicited by the person soliciting 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 enterprise solicitation, following behind, ahead, or alongside the person that is being solicited;
(6) Any further attempt to solicit after the owner or occupant of private property requests that the person cease all enterprise solicitation, or upon the request of the owner or occupant of the private property for the person soliciting to leave the property;
(7) Any type of enterprise solicitation which interferes or disrupts any activity or event occurring on public property, as defined in this section;
(8) 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) Following a person who walks or drives away from the solicitor;
(10) 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; or
(11) Soliciting in a group of two (2) or more persons.
(b) AUTOMATED-TELLER MACHINE
. A bank or other financial institution's machine that is able to carry out financial transactions, including, but not limited to cash withdrawals, deposits, transfers, and other financial transactions or inquiries.
(c) ENTERPRISE SOLICITATION
. To request verbally, in writing, or by gesture or other actions, money, items of value, a donation, or other personal financial assistance. Further, enterprise solicitation 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.
(d) FALSE OR MISLEADING REPRESENTATIONS
. Shall mean any of the following:
(1) Making statements or representing, either verbally or in writing, that the person soliciting 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 soliciting 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 soliciting does not support that minor child or other family member;
(3) Making statements or representing, either verbally or in writing, that the person soliciting is a military veteran or active duty military member, when the person is not a military veteran or active duty military member;
(4) Making statements or representing, either verbally or in writing, that the person soliciting needs a donation to meet a specific need, when the person soliciting 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 statements or representing, either verbally or in writing, that the person soliciting is unemployed when the person soliciting is not unemployed; or
(6) Making statements or representing, either verbally or in writing, that the person soliciting is homeless and/or is stranded when in fact the person is not homeless or stranded.
(e) PUBLIC PROPERTY
. 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.
(f) RIGHT-OF-WAY
. Shall have the same meaning as in Ohio R.C. § 4511.01 (UU).
(Ord. 14-35A. Passed 6-23-14.)
(Ord. 14-35A. Passed 6-23-14.)