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Article 10-4
AGGRESSIVE SOLICITATIONSections:
10-4-1 Definitions
10-4-2 Prohibited Acts
10-4-3 Penalties
10-4-4 Construction and Severability
10-4-1 Definitions
For the purposes of this ordinance:
A. SOLICIT means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication.
B. AGGRESSIVE MANNER means and includes:
1. Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent;
2. Following the person being solicited, if that conduct is: (i) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
3. Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is: (i) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
4. Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one’s constitutional right to picket or legally protest, and acts authorized by a permit issued pursuant to the Town Code shall not constitute obstruction of pedestrian or vehicular traffic;
5. Intentionally or recklessly using obscene or abusive language or gestures: (i) intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or (ii) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation; or
6. Approaching the person being solicited in a manner that: (i) is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or (ii) is intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation.
C. AUTOMATED TELLER MACHINE means a device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
D. AUTOMATED TELLER MACHINE FACILITY means the area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
E. BANK means any banking corporation.
F. CHECK CASHING BUSINESS means any person duly licensed by the superintendent of banks to engage in the business of cashing checks, drafts, or money orders for consideration pursuant to the provisions of the banking laws.
G. PUBLIC AREA means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks, and streets open to the general public, and doorways and entrances to buildings and dwellings, and the grounds enclosing them.
(97-01, Enacted, 01/21/1997)
10-4-2 Prohibited Acts
It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods and services:
A. In an aggressive manner in a public area;
B. In any public transportation vehicle, or bus or Vantran/Coyote Run station or stop;
C. Within fifteen (15) feet of any entrance or exit of any bank or check cashing businesses or within fifteen (15) feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business without the consent of the owner or other person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller facility, such distance shall be measured from the entrance or exit of the automated teller machine facility;
D. On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or
E. From any operator of a motor vehicle that is in traffic on a public street, whether in exchange for cleaning the vehicles windows, or for blocking, occupying or reserving a public parking space, or directing the occupant to a public parking space; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle.
(97-01, Enacted, 01/21/1997)
10-4-3 Penalties
A. A violation of this Ordinance may be punished by a fine not to exceed three hundred dollars ($300) or by imprisonment for a term not to exceed thirty (30) days, or by both. If the person has been convicted of a violation of this section within the previous period of one (1) year, the person shall not be fined more than five hundred ($500) dollars and imprisonment not to exceed ninety (90) days or both.
B. In lieu of, or in addition to the penalty provided in this section, a person in violation of this Ordinance may be required to perform community service work as prescribed by the court.
(97-01, Enacted, 01/21/1997)
10-4-4 Construction and Severability
A. Severability is intended throughout and within the provision of the Ordinance. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then such judgement shall in no way affect or impair the validity of the remaining portions of this Ordinance.
B. This Ordinance is not intended to prescribe any demand for payment for services rendered or goods delivered.
C. This Ordinance is not intended to create a result through enforcement that is absurd, impossible or unreasonable. The Ordinance should be held inapplicable in any such cases where its application would be unconstitutional under the Constitution of the State of Arizona or the Constitution of the United States of America.
(97-01, Enacted, 01/21/1997)
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