[HISTORY: Adopted by the Town Board of the Town of Niagara 7-23-2019 by L.L. No. 2-2019. Amendments noted where applicable.]
This chapter is adopted in order to protect persons from threatening,
intimidating or harassing behavior, to keep public places safe and
attractive for use by all members of the community and to maintain
and preserve public places where all of the community can interact
in a peaceful manner. This chapter is also intended to provide for
the free flow of pedestrian and vehicular traffic on streets and sidewalks
in the Town of Niagara, to promote tourism and business and preserve
the quality of urban life. The Town Board finds that aggressive acts
associated with solicitation tend to interfere with the free flow
of pedestrian and vehicular traffic and intimidate persons in public
places, and can lead to disruption and disorder in public places.
Aggressive acts can also cause persons to avoid public places and
lead to declining patronage of commercial establishments and tourism.
The Town Board further finds that solicitation in certain public places
is inconsistent with the use of those places, is inherently intimidating,
targets persons who are captive audiences or constitutes an invasion
of privacy as persons are not able to simply move on if they do not
wish to speak to the person soliciting. Solicitation in proximity
to bank entrances or check-cashing businesses or automated teller
machines is inherently intimidating and should be restricted. By this
chapter, the Town Board intends to promote the health, safety and
welfare of the citizens and visitors to our Town.
Whenever the following words and phrases are used in this section,
they shall have the following meanings:
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. Following the person being solicited, if that conduct is:
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;
Intended to or is reasonably likely to intimidate the person
being solicited into responding affirmatively to the solicitation;
Continuing to solicit within five feet of the person being solicited
after the person has made a negative response, if continuing the solicitation
is:
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;
Intentionally or recklessly using words:
Approaching the person being solicited in a manner that is:
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.
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.
All banks, trust companies, private bankers, savings banks,
industrial banks, safe deposit companies, saving and loan associations,
credit unions and investment companies as defined in § 2
of the New York State Banking Law.
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.
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 of Niagara which is generally accessible
by the public, including, but not limited to, any street, including
the sidewalk portion thereof, skyway, bridge, tunnel, park, playground,
recreation area, cemetery, school or school grounds, building, facility,
driveway, parking lot or parking ramp, and the doorways and entrances
to buildings and dwellings.
Shall include, 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.
No person shall solicit in an aggressive manner in a public
place.
No person shall solicit within 20 feet of an automated teller
machine or an entrance or exit of an automated teller machine facility
during the time the automated teller machine is available for customers'
use, or within 20 feet of an entrance or exit to a banking organization
or a licensed casher of checks during its business hours.
No person shall solicit when either the person soliciting or
the person being solicited is in a bus shelter or at a bus stop.
No person on a sidewalk or alongside or in a roadway shall solicit
from any occupant of a motor vehicle that is on a street or other
public place.
A violation of this chapter shall be a "violation" as that term
is defined in the Penal Law. A person convicted of violating this
chapter shall be fined not less than $25 nor more than $250 and, in
addition, for a second conviction within 12 months of a preceding
conviction, may be imprisoned for a term not longer than 15 days.
In lieu of a fine, the court may impose an appropriate alternative
sentence; provided, however, that an alternative sentence shall not
be an unconditional discharge.
If any provision of this chapter is declared invalid or unconstitutional
for any reason, the remaining provisions shall be severable and shall
continue in full force and effect.
