(a) Definitions.
In this section:
(1) Aggressive or intimidating manner
means:
a. 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:
1. Imminent bodily injury; or
2. The commission of a criminal act upon the person or another person,
or upon property in the person's immediate possession.
b. To persist in a solicitation after the person solicited has given
a negative response; or
c. To block, either individually or as part of a group of persons, the
passage of a solicited person.
(2) Automated teller machine
means a machine, other than
a telephone:
a. That is capable of being operated by a customer of a financial institution;
b. 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
c. The use of which may or may not involve personnel of a financial
institution.
(3) Curb
means the line adjacent to the edge of the roadway
which may be either a raised or lowered or a marked or unmarked surface.
(4) Exterior public pay telephone
means any coin or credit
card reader telephone that is:
a. Installed or located anywhere on a premise except exclusively in
the interior of a building located on the premises; and
b. Accessible and available for use by member of the general public.
(5) Roadway
means that portion of a street or highway designed,
improved or ordinarily used for vehicular travel, typically delineated
by curbs, edgelines or the edge of pavement.
(6) Public transportation stop
means 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.
(7) Self-service car wash
means a structure:
a. 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 or a station of vacuums used in the cleaning of a vehicle
whether coin-operated or not; and
b. That is accessible and available for use by the general public.
(8) Self-service fuel pump
means a fuel pump:
a. 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
b. That is accessible and available for use by the general public.
(9) Solicitation
means to ask, beg or plead, whether orally
or in written or printed manner or with an object for the purpose
of receiving contributions, alms, charity, or gifts of items of value
for oneself or another person.
(10) Solicitation-free zone
means any area or structure which
provides any service, retail sales or entertainment for the general
public and includes any parking lot used for customer parking associated
with those areas or structures.
(11) Sunrise
means the time of day published by the United
States Naval Observatory as the time for sunrise on a particular day
in the city.
(12) Sunset
means the time of day published by the United
States Naval Observatory as the time for sunset on a particular day
in the city.
(b) Offenses.
(1) A person commits an offense if he conducts a solicitation in an aggressive
or intimidating manner.
(2) A person commits an offense if he conducts a solicitation in any
outdoor area in the city at any time after sunset and before sunrise
on any day of the week. It is a defense to prosecution under this
subsection if the solicitation:
a. Consists exclusively of passive, nonverbal acts; or
b. Was being conducted on the property with the advance written permission
of the owner, manager or other person in control of the property.
(3) A person commits an offense if he conducts solicitation at any time
within a solicitation-free zone. It is an affirmative defense to prosecution
under this subsection if the solicitation was being conducted on property
with advanced written permission of the owner, manager, or other person
in control of the property.
(4) A person commits an offense if he conducts a solicitation of any
person within 50 feet of:
a. An automated teller machine;
b. An entrance or exit of a bank, credit union, or other similar financial
institution;
c. An exterior public pay phone;
e. A self-service fuel pump;
f. A public transportation stop; or
g. An outdoor dining area of a fixed food establishment.
(c) For the purpose of subsection
(b)(4) measurement will be made in a straight line, without regard to intervening objects or structures, 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 an exterior public pay phone;
(4) The nearest part of a structure of a self-service car wash;
(5) The nearest part of a self-service fuel pump;
(6) The nearest point of any sign or marking designating an area as a
public transportation stop; or
(7) The nearest part of any table in an outdoor dining area or, if the
outdoor dining area is contained within an open air enclosure, the
nearest part of that enclosure.
(d) It
shall be unlawful for any person to conduct a solicitation or distribute,
sell or offer for sale or distribution any goods, wares, merchandise
or service, or solicit a ride, employment, donations, contributions
or business within a roadway, or on any median or traffic island within
the right-of-way of any street or highway within the city.
(e) Solicitations
and sales in roadway; occupants of vehicles.
(1) It shall be unlawful for any person to conduct a solicitation or
distribute or sell or offer for sale or distribution any goods, wares
or merchandise, or solicit a ride, employment, donations or contributions
by a direct transaction or exchange with the occupant of any vehicle
stopped or traveling on any street or highway within the city.
(2) An offense under this section occurs when the offer, solicitation
or distribution is made regardless of whether a transaction is completed.
(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
(b), or who witnesses a violation of subsection
(b) may file a complaint with the police chief.
(g) An
offense under this section is punishable by a fine not to exceed $500.00.
(Ord. No. 1281-14, § 1, 8-5-2014)