[HISTORY: Adopted by the Town Board of the
Town of Grand Island 2-3-2020 by L.L. No. 2-2020. Amendments noted where
applicable.]
The Town Board finds that legislation is necessary 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 Grand Island, to promote
tourism and business and preserve the quality of 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.
This chapter is intended to promote the health, safety and welfare
of the citizens and visitors to the Town of Grand Island.
For the purposes of this chapter, the following terms 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 arm's length of the person, except with the person's
consent; or
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, or is intended to or is reasonably likely to intimidate
the person being solicited into responding affirmatively to the solicitation;
or
Continuing to solicit within five feet of the person being solicited
after the person has made a negative response, if continuing the solicitation
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, or is intended to or is likely to intimidate
the person being solicited into responding affirmatively to the solicitation;
or
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; or
Intentionally or recklessly using words 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
intended or likely to intimidate the person into responding affirmatively
to the solicitation; or
Approaching the person being solicited in a manner that 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 or, intended to or is likely to intimidate the person being
solicited into responding affirmatively to the solicitation.
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, savings 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.
An off-street area used for the temporary storage of self-propelled
vehicles and available for public use, whether free, for compensation
or as an accommodation for clients or customers. Parking areas shall
also include parking garages, parking ramps, and municipal parking
lots.
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 Grand Island that is generally
accessible by the public, including, but not limited to, any street,
including the sidewalk portion thereof, bridge, tunnel, park, playground,
recreation area, path, trail, cemetery, school, or school grounds,
building, facility, driveway, parking area, and the doorways and entrances
to buildings and dwellings.
Shall 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.
A.Â
No person shall solicit in an aggressive manner in a public place.
B.Â
No person shall solicit in an aggressive manner in a parking area
as defined in this chapter.
C.Â
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.
D.Â
No person shall solicit when either the person soliciting or the
person being solicited is in a bus shelter or at a bus stop.
E.Â
No person on a sidewalk or alongside 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 classified as 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.
