In this section:
Aggressive manner, aggressive behavior or aggressively.
A person who seeks contribution or donation, or who panhandles
and:
(1)
Uses violence or threatening gestures toward a person solicited
for contribution, donation or payment;
(2)
Continues to solicit from a person after the person has given
a negative response to such soliciting;
(3)
Intentionally touches or causes physical contact with another
person without that person's consent in the course of soliciting;
(4)
Intentionally blocks or interferes with the safe or free passage
of a pedestrian or vehicle by any means, including causing a pedestrian
or vehicle operator to take evasive action to avoid physical contact;
(5)
Solicits money from anyone who is waiting in line for tickets,
for entry to a building or for any other purpose;
(6)
Approches or follows a person for solicitation individually
or as part of a group of two or more persons, in a manner and with
conduct, words, or gestures intended or likely to cause a reasonable
person to fear imminent bodily harm or damage to or loss of property
or otherwise to be harassed or intimidated into giving money or other
thing of value; or
(7)
Solicits, begs or panhandles of minors less than 16 years of
age.
Automated teller machine.
A device, linked to a bank or 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 which are made available
to banking customers.
Bank.
A bank, savings bank, savings and loan association, credit
union, trust company, or similar financial institution.
Parking meter or parking 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 for parking.
Private building.
Shall be deemed to include, but is not limited to, retail
or service establishments, such as restaurants, convenience food stores,
laundromats, service stations, hotels, offices, and similar privately-owned
establishments open to the public. This term does not include any
building owned, leased or operated by the federal or state government,
political subdivisions thereof, municipalities, special districts,
any public administration board or authority of the state.
Public area.
An area to which the public has access and includes, but
is not limited to, the common area of a hospital, apartment house,
office building, transport facility, shop, basement, building entrance
or doorway, lobby, hallway, stairway, mezzanine, elevator, foyer,
public restroom or sitting room or any other place used in common
by the public, tenants, occupants or guests situated in any private
building.
Public place.
A place to which a governmental entity has title to which
the public has access, including, but not limited to: any street,
highway, sidewalk, walkway, parking lot, plaza, transportation facility,
school, place of amusement, park, or playground.
Solicit, ask, beg or panhandle.
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 526 adopted 1/23/2024)
(a)
A person commits an offense if the person solicits:
(1)
In an aggressive manner in a public area or public place; or
(2)
Within 20 feet of the following areas where the public is considered
vulnerable or where solicitation would interfere with the flow of
pedestrian or motor vehicle traffic:
(A) An automated teller machine;
(B) The entrance or exit of a bank;
(C) The entrance or exit of a check cashing business;
(D) An authorized charitable contribution activity;
(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 service
area of an outdoor eating establishment;
(H) In a bus, at a bus station or stop, or at a facility
operated by a transportation authority for passengers including but
not limited to any school bus stop;
(J) An entrance of a commercial or government building.
(3)
Within five feet of a curb or edge of a street;
(4)
Within 50 feet from any land owned by a public or private school
and used in whole or in part for providing education services to elementary
age children;
(5)
Within ten feet of a gas station, liquor store, or convenience
store property;
(7)
At a public event that is operating by permit issued by the
City at city parks as defined in the City's Code of Ordinances.
(b)
Any person who engages in any activity specified in this section,
shall be guilty of and be prosecuted for a class C misdemeanor and
a fine not to exceed five hundred dollars ($500.00) per violation.
A culpable mental state is not required, and need not be proved, for
an offense under this section.
(Ordinance 526 adopted 1/23/2024)