Automated teller machine.
A machine, other than a telephone:
(1) 
That is capable of being operated by a customer of a financial institution;
(2) 
By which the customer may communicate to the financial institution a request to withdraw a benefit for the customer or for another person directly from the customer’s account or from the customer’s account under a line of credit previously authorized by the financial institution for the customer; and
(3) 
The use of which may or may not involve personnel of a financial institution.
Cause.
To aid, direct, hire, encourage, permit, or allow.
Coercion.
(1) 
To approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with:
(A) 
Imminent bodily injury; or
(B) 
The commission of a criminal act upon the person or another person, or upon property in the person’s immediate possession;
(2) 
To persist in a solicitation after the person solicited has given a negative response;
(3) 
To block, either individually or as part of a group of persons, the passage of a solicited person; or
(4) 
To engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands.
Food establishment.
(1) 
The term means an operation that:
(A) 
Sells, stores, prepares, packages, serves, or otherwise provides food for human consumption such as: a food service establishment; retail food store; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; remote catered operations; conveyance used to transport people; institution; or food bank; and
(B) 
Relinquishes possession of food to a consumer directly, or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
(2) 
The term includes an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; a restaurant; a grocery store; an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off premises; and regardless of whether there is a charge for the food.
Public transportation stop.
An area officially marked and designated as a place to wait for a bus, a light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis.
Self-service carwash.
A structure:
(1) 
At which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money in a coin-operated machine; and
(2) 
That is accessible and available for use by members of the public.
Self-service fuel pump.
A fuel pump:
(1) 
From which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator, without the aid of an employee or attendant of the premises at which the fuel pump is located; and
(2) 
That is accessible and available for use by members of the public.
Solicitation.
To ask, beg, seek, pursue, or plead, whether orally or in a written or printed manner, for the purpose of receiving contributions, alms, charity, or gifts of items of value for oneself or another person.
Solicitation-free zone.
The entire incorporated city limits, including areas that are incorporated after the effective date of this article.
Sunrise.
The time of day published on the weather page of the Herald Banner as the time for sunrise on a particular day in the city.
Sunset.
The time of day published on the weather page of the Herald Banner as the time for sunset on a particular day in the city.
(a) 
A person commits an offense if he conducts a solicitation by coercion within the city limits of the city.
(b) 
A person commits an offense if he conducts a solicitation in any outdoor area in the city. It is a defense to prosecution under this subsection if the solicitation:
(1) 
Was being conducted on property with the advance permission of the owner, manager, or other person in control of the property.
(2) 
Was being conducted from an occupant of a vehicle with a solicitation permit issued by the city’s chief of police.
(c) 
Solicitation-free zones.
(1) 
A person commits an offense if he conducts a solicitation at any time in any outdoor area located within any solicitation-free zones.
(2) 
It is a defense to prosecution under this subsection if the solicitation was being conducted on property with the advance permission of the owner, manager, or other person in control of the property.
(d) 
A person commits an offense if he conducts any solicitation within 100 feet of:
(1) 
An automated teller machine;
(2) 
An entrance or exit of a bank, credit union, or other similar financial institution;
(3) 
A self-service carwash;
(4) 
A self-service fuel pump;
(5) 
A public transportation stop; or
(6) 
A food establishment.
(e) 
For purposes of subsection (d), measurement will be made in a straight line, without regard to intervening structures or objects, from the nearest point at which a solicitation is being conducted to whichever is applicable of the following:
(1) 
The nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the automated teller machine;
(2) 
The nearest entrance or exit of a bank, credit union, or other similar financial institution;
(3) 
The nearest part of the structure of a self-service carwash;
(4) 
The nearest part of a self-service fuel pump;
(5) 
The nearest point of any sign or marking designating an area as a public transportation stop; or
(6) 
The nearest entrance or exit or outdoor dining area of a food establishment.
(f) 
In addition to any enforcement action by a peace officer for a violation of this section, any person who is a victim of a solicitation prohibited under subsection (a), (b), (c) or (d), or who witnesses a violation of subsection (a), (b), (c) or (d), may file a complaint with the city’s police department. Evidence to support a conviction for a violation of this section may include, but is not limited to, testimony of witnesses, videotape evidence of the violation, and other admissible evidence.
(g) 
Food pantries, food banks, soup kitchens, homeless shelters, women’s shelters, or any not-for-profit tax-exempt organization whose mission is to assist people in need of food or shelter are excepted from the prohibitions in subsection (b), (c), (d).
(a) 
A person commits an offense if he stands on a traffic median, shoulder, improved shoulder or sidewalk and conducts a solicitation, or attempts to conduct a solicitation from the occupants of any vehicle on a roadway.
(b) 
A person commits an offense if he knowingly causes a child sixteen (16) years of age or younger to stand on a traffic median, shoulder, improved shoulder or sidewalk and conduct a solicitation, or attempt to conduct a solicitation from the occupants of any vehicle on a roadway.
(c) 
In addition to any enforcement action by a peace officer for a violation of this section, any person who is a victim of a solicitation prohibited under Subsection (a) or (b) or who witnesses a violation of subsection (a) or (b), may file a complaint with the city’s police department. Evidence to support a conviction for a violation of this section may include, but is not limited to, testimony of witnesses, videotape evidence of the violation, and other admissible evidence.
(d) 
Notwithstanding the other provisions of this section or any other provision in the city code, a person seventeen (17) years of age or older may conduct a solicitation while standing on a traffic median, shoulder, improved shoulder, sidewalk, or the improved portion of the roadway from occupants of any vehicle on a roadway provided said person wears a florescent orange visibility vest, does not impede traffic, enters or remains in a roadway only while the controlling traffic signal prohibits vehicle movement, and has obtained a permit to do so, or who is a member of an organization which has obtained a permit to do so, from the chief of police.
(e) 
Permits may be issued to no person or organization more than once per calendar year for a period of no more than two (2) consecutive days, and for no hours other than those between the hours of 9:00 a.m. and one (1) hour before sunset.
(f) 
The chief of police shall issue a solicitation permit upon application, provided said application states the name and address of the person or organization for whom solicitations are made, the names and addresses of the persons soliciting, the locations at which soliciting will take place, and the times during which the soliciting will take place.
(g) 
Permit applications must be accompanied by a nonrefundable fee as provided for in appendix A to this code and a certificate of insurance signed by an agent authorized to bind coverage indicating that the applicant has obtained, at his sole expense, insurance coverage that:
(1) 
Is written by an insurance company with an A- or better rating by AM Best and that is admitted and licensed to do business in the state;
(2) 
Is in full force and effect for the duration of the permit period;
(3) 
Provides one million dollars ($1,000,000.00) of liability coverage per occurrence with no deductible;
(4) 
Insures the applicant and all persons who will be soliciting;
(5) 
Names the city, its officers, employees, and elected representatives as additional insureds;
(6) 
Provides that any insurance or self-insurance maintained by the city shall apply in excess of and not contribute with it;
(7) 
Is written on an occurrence basis; and
(8) 
Is otherwise acceptable to, and approved by, the city attorney.
Violation of any portion of this provision constitutes a misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000.00).
(Ordinance 17-003 adopted 1/10/17)