[Ord. No. 276 § 1, 12-14-2015]
The purpose of this Article is to regulate and punish violations of the act of aggressive solicitation, rather than the status of the person. The activities of aggressive solicitation do not include a person who passively stands or sits with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to any inquiry by that person, unless such person is located at a prohibited place as defined by Section 610.360. Nothing in this Section shall abrogate or abridge the other provisions of this Chapter, or the laws of State and Federal Government, or those laws regulating non-profit, religious, educational, civic or benevolent associations.
[Ord. No. 276 § 1, 12-14-2015]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
To beg with the intent to intimidate another person into
giving money or goods.
Assaultive offensives as set out in Chapter 565, RSMo., or Chapter 211 of this Code.
Any item of value, monetary or otherwise, accepted by a panhandler.
Any non-profit, religious, civic or benevolent organization
described in Section 501(c) of the Internal Revenue Code of 1986.
To engage intentionally in conduct which would make a reasonable
person fearful of harm to his/her person or property or feel threatened
of harm of his/her person or property.
When a person, without legal privilege, intentionally, knowingly
or recklessly, in a public place, walks, stands, sits, lies or places
an object in such a manner as to block passage by another person or
a vehicle or to require another person or a driver of a vehicle to
take evasive action to avoid physical contact. Acts authorized as
an exercise of one's constitutional right to picket or to legally
protest shall not constitute obstruction of pedestrian or vehicular
traffic.
Real property, including those areas that serve food or drink
or provide entertainment and the doorways and entrances to buildings,
dwellings or grounds surrounding them, owned and possessed by a private
person, partnership or corporation which is not devoted to public
use, although members of the general public may utilize the property
for specific recreational or business purposes, and which is not deemed
to be a public forum for the exchange of ideas.
An area generally visible to public view, and includes alleys,
bridges, buildings, driveways, parking lots, parks, plazas, sidewalks,
parkways and streets open to the general public.
The request of any item of value, monetary or otherwise,
made by a person other than an exempt organization, acting on his/her
own behalf, requesting an immediate donation of money or exchange
of any services; or any person, acting on his/her own behalf, attempting
to sell an item for an amount far exceeding its value, or an item
which is already offered free of charge to the general public.
Any person, other than an exempt organization, acting on
his/her own behalf, requesting an immediate donation of money or exchange
of any services; or any person, acting on his/her own behalf, attempting
to sell an item for an amount far exceeding its value, or where the
item is already offered free of charge to the general public, and
a reasonable person would understand that the purchase is in substance
a donation.
[Ord. No. 276 § 1, 12-14-2015]
Any person found violating any provision of this Article is deemed guilty of an ordinance violation, and upon conviction thereof shall be subject to the penalties as set forth under Section 100.220 of this Code.
[Ord. No. 276 § 1, 12-14-2015]
A.
Any person who in a public place solicits in any of the following
ways or manners is guilty of an ordinance violation:
1.
By engaging in false or misleading solicitation by:
a.
Stating that the donation is needed to meet a specific need,
when the solicitor already has sufficient funds and does not disclose
such fact.
b.
Knowingly stating a false situation or circumstance to induce
a donation.
c.
Knowingly stating the solicitation is for a specific person
or exempt organization without authorization.
2.
By any statement, gesture or other communication which a reasonable
person in the situation of the person solicited perceives to be a
threat.
3.
By intimidating or obstructing pedestrian or vehicular traffic.
4.
By assaulting or aggressively soliciting.
5.
By soliciting within fifty (50) feet of any bank, savings and
loan or other financial institution or building, including outdoor
teller machines.
6.
By soliciting within fifty (50) feet of any cash disbursal machine,
outdoor vending machine, or other outdoor machine or device which
accepts coins or paper currency, except parking meters.
7.
By soliciting on any private property, unless the solicitor
has permission from the owner.
