Chapter 9.190
SOLICITATION

Sections:

9.190.010    Purpose.

9.190.020    Definitions.

9.190.030    Aggressive solicitation – Prohibited.

9.190.040    Place of solicitation.

9.190.050    Penalties.

9.190.010 Purpose.

The purpose of this chapter is to regulate and penalize acts of aggressive solicitation and acts of solicitation that occur at locations and under circumstances specified herein which create an enhanced sense of fear or intimidation in the person being solicited, or pose a risk to traffic and public safety. (Ord. 06-10 § 2)

9.190.020 Definitions.

(1) “Aggressive solicitation” shall mean:

(a) To approach, speak or gesture to a person in such a manner as would cause a reasonable person to feel fearful of safety to their person, another person or property in the person’s possession;

(b) To approach within one foot of a person for the purpose of making a solicitation without obtaining said person’s initial consent;

(c) To persist in a solicitation after the person solicited has given a negative response;

(d) To impede pedestrian or vehicular traffic, including, but not limited to, public places adjacent to any public roadway where the solicitation is directed to or intended to attract the attention of the occupant of any vehicle stopped or traveling on the roadway, unless said vehicle is legally parked;

(e) To engage in conduct that would reasonably be construed as intended to intimidate or compel or force a person being solicited to accede to demands;

(f) Solicitation on private property, unless the solicitor has prior written permission from the owner or occupant;

(g) To make any false or misleading representation in the course of making a solicitation; or

(h) Soliciting in a manner that exploits children.

(2) “Exploit children” shall mean using children in an unethical, selfish, or abusive manner or in any other manner that gives an unfair advantage.

(3) “Public place” shall mean any road, alley, lane, parking area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel that is in common use by the public with the consent, expressed or implied, of the owner or owners, and further, any public playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights-of-way open to the use of the public.

(4) “Solicitation” shall mean any means of asking, begging, requesting, or pleading made in person, orally or in a written or printed manner, directed to another person, requesting an immediate donation of money, contribution, alms, financial aid, charity, gifts of items or service of value, or the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation. (Ord. 06-10 § 2)

9.190.030 Aggressive solicitation – Prohibited.

It shall be unlawful for any person to knowingly engage in aggressive solicitation in any public place. (Ord. 06-10 § 2)

9.190.040 Place of solicitation.

It shall be unlawful to solicit within a public right-of-way or park within 300 feet of a school when children are present. (Ord. 06-10 § 2)

9.190.050 Penalties.

Violation of any section of this chapter shall be a misdemeanor. (Ord. 06-10 § 2)