As used in this article, the following words, terms, and phrases should have the following meanings:
Adult.
A person who is 18 years of age or older.
Aggressive manner.
(1) 
Making any physical contact with or touching another person while in the course of soliciting without the other person’s, operator’s, or passenger’s consent;
(2) 
Following a person, group, operator, or passenger being solicited, if the conduct is:
(A) 
Reasonably likely to cause fear of imminent bodily injury or theft;
(B) 
Reasonably likely to intimidate the person, group, operator, or passenger being solicited; or
(3) 
Continuing to solicit from a person, operator, or passenger of a motor vehicle, after the person, operator, or passenger has made a negative response;
(4) 
Blocking the passage of a person, group, operator, or passenger of a motor vehicle;
(5) 
Using abusive or obscene language or bodily gestures towards a person, group, operator, or passenger of a motor vehicle; or
(6) 
Approaching a person, group, operator, or passenger of a motor vehicle in a manner:
(A) 
That is likely to put a reasonable person in fear of imminent harm or theft; or
(B) 
Is reasonably likely to intimidate into responding in the affirmative.
Automated teller facility.
The area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers.
Automated teller machine (ATM).
A device, linked to a bank’s account records, which is able to carry out banking transactions.
Bank.
Includes a bank, savings bank, savings and loan association, credit union, trust company, or a similar financial institution.
Bus.
A vehicle operated by a transit authority for public transportation.
Check cashing business.
An entity in the business of cashing checks, drafts, or money orders for consideration.
Median.
A dividing area, whether landscaped or paved, maintained for the purpose of separating or directing vehicular traffic.
Minor.
A person who is below the age of 18.
Parking meter or pay station.
A location on a street, parking lot or parking garage where persons pay for parking by either cash or credit to a person or at a machine or other device designed to accept payment.
Public place.
An area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, alleyway, pedestrian way, or the common area of a school, hospital, apartment house, office building, transport facility, or shop.
Solicitation or solicit.
To request, by the spoken, written, or printed word, or by other means of communication, an immediate donation or transfer of money or another thing of value from another person, regardless of the solicitor’s purpose or intended use of the money or other thing of value, and regardless of whether consideration is offered.
(Ordinance 626 adopted 2/13/13)
(a) 
A person commits an offense if the person solicits:
(1) 
In an aggressive manner in a public place;
(2) 
Within fifteen (15) feet of the following areas, where the public is considered vulnerable, or where solicitation would interfere with the flow of traffic:
(A) 
An automated teller machine;
(B) 
An automated teller facility;
(C) 
The entrance or exit of a bank;
(D) 
The entrance or exit of a check cashing business;
(E) 
A parking meter or parking pay station on a street;
(F) 
A public parking garage or parking lot pay station;
(G) 
The entrance or exit of a restaurant or the outdoor cafe portion of a restaurant;
(H) 
From a median;
(I) 
A bus station or stop, or at a facility operated by a transportation authority for passengers;
(J) 
On either side of the street on a block where the entrance to a school attended by minors is located or where a child-care facility has an entrance or exit;
(3) 
Upon any commercial property within the city when such property is affixed with conspicuously posted signage stating “no soliciting allowed,” that notifies that solicitation is not permitted on the property, or is otherwise permitted only in restricted areas of the property;
(4) 
On private property, unless the person has written permission from the owner of the property to beg or solicit alms on the property;
(5) 
On any school property during the student arrival times or during the student departure times; or
(6) 
In any location within the city after sunset or before sunrise.
(b) 
A culpable mental state is not required, and need not be proved, for an offense under this section.
(Ordinance 626 adopted 2/13/13)
A person commits an offense if the person knowingly makes any false or misleading representation while participating in solicitation. False or misleading representations include, but are not limited to, the following:
(1) 
Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;
(2) 
Stating that the donation is needed to meet a need which does not exist;
(3) 
Stating that the solicitor is from out of town and stranded when that is not true;
(4) 
Wearing a military uniform or other indication of military service, when the solicitor is neither a present nor former member of the service indicated;
(5) 
Wearing or displaying an indication of physical or mental disability, when the solicitor does not suffer the disability indicated;
(6) 
Use of any makeup or device to simulate any deformity; or
(7) 
Stating that the solicitor is homeless, when he or she is not.
(Ordinance 626 adopted 2/13/13)
An offense under this section shall be a class C misdemeanor and is punishable by a fine not to exceed two thousand dollars ($2,000.00).
(Ordinance 626 adopted 2/13/13)