Sec. 22-4. Aggressive Solicitation and Prohibited Solicitations.
(Ord 3360: 09/05)
a.No person may solicit, ask or beg in an aggressive manner in any public place, which is defined to include but not be limited to any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, beach, boardwalk, hiking or walking trail, designated open space area, and any doorway, entrance, hallway, lobby and other portion of any business establishment or premises open to the public.
“Aggressive manner” is defined as any of the following actions:
1.Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to
A.fear bodily harm to oneself or to another, damage to or loss of property, or
B.otherwise be intimidated into giving money or other thing of value;
2.Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging;
3.Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
4.Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;
5.Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or
6.Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.
“Solicit, ask or beg” is defined to include the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
b.No person shall solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association during its business hours, or within 15 feet of any automated teller machine during the time it is available for customers use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.
1.The provisions of this Subdivision (b) shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, convenience market and retail sales facilities, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.
c.No person may solicit, ask or beg in any of the following locations, or under any of the following circumstances, after dark (one-half hour after sunset to one-half hour before sunrise):
1.Public parking lot or structures.
d.No person may loiter on any median island or solicit, ask or beg while standing on any median island.