[HISTORY: Adopted by the City Council of the City of Yonkers 2-25-2020 by G.O. No.
3-2020. Amendments noted where applicable.]
The purpose of this legislation is 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. The City Council finds that aggressive acts
associated with solicitation tend to 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.
For the purposes of this chapter, the following terms shall
have the following meanings:
Shall mean a) 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; b) 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; c) 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 d) 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 is 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, saving and loan associations, credit unions, and
savings banks.
Any area or building owned, leased, operated or controlled
by or on behalf of any government, municipality, public authority
or public corporation in the City of Yonkers which is generally accessible
by the public, including but not limited to any street, including
the sidewalk portion thereof, park, playground, recreation area, school,
or school grounds, building, facility, driveway, parking lot or parking
garage, 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.
A.
No person shall solicit in an aggressive manner in a public place.
B.
No person shall solicit, ask or beg within 10 feet of any entrance
or exit of any bank or check cashing business during its business
hours or within 10 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
subsection shall be construed to prohibit the lawful vending of goods
and services within such areas.
Any violation of this chapter shall be a Class II offense.
If any clause, sentence, paragraph, or part of this chapter
or application thereof to any person or circumstances shall be adjudged
by a court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, or invalidate the remainder thereof or the
application thereof to other persons and circumstances, but shall
be confined in its operation to the clause, sentence, paragraph or
part thereof and the persons and circumstances directly involved in
the controversy in which such judgment shall have been rendered.
