Definitions. Whenever the following words and phrases are used in
this article, they shall have the following meanings:
AGGRESSIVE MANNER
(1)
Intentionally or recklessly making any physical contact with
or touching another person in the course of the solicitation, or approaching
within an arm's length of the person, except with the person's
consent;
(2)
Following the person being solicited, if that conduct is:
(a)
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
(b)
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 feet of the person being solicited
after the person has made a negative response, if continuing the solicitation
is:
(a)
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
(b)
Is intended to or is 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;
(5)
Intentionally or recklessly using words:
(a)
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
(b)
Intended or likely to intimidate the person into responding
affirmatively to the solicitation; or
(6)
Approaching the person being solicited in a manner that is:
(a)
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
(b)
Intended to or is likely to intimidate the person being solicited
into responding affirmatively to the solicitation.
AUTOMATED TELLER MACHINE
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.
AUTOMATED TELLER MACHINE FACILITY
The area comprised of one or more automated teller machines,
and any adjacent space which is made available to banking customers
after regular banking hours.
BANKING ORGANIZATION
All banks, trust companies, private bankers, savings banks,
industrial banks, safe deposit companies, savings and loan associations,
credit unions and investment companies as defined in § 2
of the New York State Banking Law.
LICENSED CASHER OF CHECKS
Any individual, partnership, unincorporated association or
corporation duly licensed by the New York State Superintendent of
Banks to engage in business pursuant to the provisions of Article
IX-A of the New York State Banking Law.
PUBLIC PLACE
Any area or building owned, leased, operated or controlled
by or on behalf of any government, municipality, public authority
or public corporation in the Town which is generally accessible by
the public, including but not limited to any street, including the
sidewalk portion thereof, bridge, park, playground, recreation area,
cemetery, school or school grounds, building, facility, driveway,
parking lot or parking garage, and the doorways and entrances to buildings
and dwellings.
SOLICIT
Includes, without limitation, the spoken, written, or printed
word or such other acts or bodily gestures as are conducted in furtherance
of the purposes of immediately obtaining money or any other thing
of value.