CHAPTER 5-10: AGGRESSIVE SOLICITATION

SECTIONS:

5-10-1:    DEFINITIONS:

5-10-2:    PROHIBITED ACTS:

5-10-3:    PENALTY:

5-10-4:    SEVERANCE CLAUSE:

5-10-1 DEFINITIONS:

For the purposes of this Chapter the following terms shall mean:

AGGRESSIVE MANNER: Means and includes either individually or as a group:

(A) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent; or

(B) Approaching or following the person being solicited, if the conduct is: (1) intended to or is likely to cause a reasonable person to fear bodily harm to oneself or another, or damage to or loss of property or the commission of a criminal act upon the person or property in the person’s possession; or (2) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or

(C) Continuing to solicit from a person within five feet (5') of that person being solicited after the person has made a negative response to such solicitation; or

(D) Intentionally, knowingly or recklessly obstructing 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 by the City, shall not constitute obstruction of pedestrian or vehicular traffic; or

(E) Intentionally or recklessly using obscene or abusive language or gestures: (1) intended to or likely to cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person or property in the person’s possession; or (2) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

AUTOMATED TELLER MACHINE FACILITY: The area comprised of one (1) or more automatic or automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

PUBLIC AREA: 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 the doorways and entrances to buildings and dwellings, and the grounds enclosing them.

SOLICIT: 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. (Ord. 3779, 7-14-1998; Ord. 4855-1312, 4-9-2013)

5-10-2 PROHIBITED ACTS:

It shall be unlawful for any person or group to solicit money or other things of value, or to solicit the sale of goods or services:

(A) In an aggressive manner in a public area; or

(B) In any public transportation vehicle or from any persons within fifteen feet (15') of any transit stop, bus stop, or taxi stand; or

(C) Within fifteen feet (15') of any entrance or exit of any bank, financial institution, automated teller machine facility, without the consent of the owner or other person legally in possession of such facility; or

(D) Immediately adjacent to the entrance of a business in a manner interfering with ingress or egress to that business entrance; or

(E) From persons engaging in any financial transaction; or

(F) Within ten feet (10') from persons inside a business, including a patio area, except with the consent of the business owner; or

(G) On a public sidewalk, street or other public grounds in a manner that impedes or obstructs the free flow of pedestrian traffic during any special event or parade as those terms are defined in Title VIII, Chapter 9; or

(H) On private property, without the express permission and consent of the owner or other person legally in possession of such property; or

(I) From any operator of a motor vehicle that is in traffic on a public street in a manner that interferes or impedes with the free flow of traffic on the roadways or sidewalks adjacent to the roadways or impacts visibility for driving or pedestrian safety purposes of those traveling on the roadways or sidewalks adjacent to the roadways; or

(J) Under false or misleading representations. (Ord. 3779, 7-14-1998; Ord. 4855-1312, 4-9-2013)

5-10-3 PENALTY:

Any person who violates any provision of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1-3-1 of this Code. (Ord. 3779, 7-14-1998)

5-10-4 SEVERANCE CLAUSE:

The provisions of this Chapter are hereby declared to be severable, and if any section, sentence, clause or phrase of this Chapter shall, for any reason, be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Chapter, but they shall remain in effect, it being the legislative intent that this Chapter shall stand notwithstanding the validity of any part thereof. (Ord. 3779, 7-14-1998)