For purposes of this chapter the following definitions shall
apply:
"Aggressively solicit"
means to solicit with intent to intimidate another person
into giving money, food, cigarettes or items of value.
"Commercial parking area"
shall mean privately owned property which is designed or
used primarily for the parking of vehicles and which adjoins one or
more commercial establishments.
"Intimidate"
means to engage in conduct which would make a reasonable
person fearful or feel threatened.
"Person"
includes both individual persons and organizations.
"Solicitation" or "solicit"
is any request made in person seeking an immediate donation
of money, food, cigarettes or items of value. Purchase of an item
for an amount far exceeding its value, under circumstances where a
reasonable person would understand that the purchase is in substance
a donation, is a donation for the purpose of this chapter. A person
is not soliciting for the purpose of this chapter when he or she passively
displays a sign or gives any other indication that he or she is seeking
donations, and where he or she does not address his or her solicitation
to any specific person other than in response to an inquiry by that
person.
(§ 3, Ord. 724, eff. April 23, 1998, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
It shall be unlawful for any person to solicit in any of the
following places, or for any person to solicit when the person solicited
is in any of the following places:
(b) On
private property, unless the solicitor has permission from the owner
or tenant;
(c) Within
50 feet of an automated teller machine;
(d) Outdoor
dining areas of restaurants or other dining establishments serving
food for immediate consumption;
(e) A
queue waiting to gain admission to a place or vehicle, or waiting
to purchase an item or admission ticket; or
(f) While
standing in any portion of the public right-of-way, including, but
not limited to, public streets, highways, sidewalks and driveways,
to solicit from any person traveling in a vehicle along a public right-of-way,
including, but not limited to, public streets, highways or driveways.
(§ 3, Ord. 724, eff. April 23, 1998, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
It shall be unlawful for any person to solicit from a location
within a commercial parking area other than an area within or served
by such parking area which is authorized by the property owner or
the property owner's authorized representative for such solicitations.
This section shall not apply to a solicitation to perform employment
or business for the owner or lawful tenants of the subject premises.
(§ 3, Ord. 724, eff. April 23, 1998, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
The prohibitions set forth in Section
4-21.03 shall only apply to commercial parking areas where the following occurs:
(a) The
owner or person in lawful possession of the commercial parking area
establishes a written policy which provides area(s) for lawful solicitation
in locations which are accessible to the public and do not interfere
with normal business operations of the commercial premises;
(b) The
owner or person in lawful possession of the commercial parking area
has caused a notice to be posted in a conspicuous place at each entrance
to such commercial parking area not less than 18 by 24 inches in size
with lettering not less than one inch in height. The notice shall
be in substantially the following form:
NO SOLICITING EXCEPT IN DESIGNATED AREAS OF PARKING LOT. OMC
SEC. 4-21.03.
(§ 3, Ord. 724, eff. April 23, 1998, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
It shall be unlawful for a person to intentionally aggressively
solicit.
(§ 3, Ord. 724, eff. April 23, 1998, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
It shall be unlawful for any person to do any of the acts prohibited
by this chapter. Any person who shall violate any provision of this
chapter shall be guilty of a misdemeanor. Upon conviction of a misdemeanor,
such person shall be punished by a fine of not more than $500, or
by imprisonment in the County Jail for a period of not more than six
months, or by both such fine and imprisonment.
(§ 6, Ord. 741, eff. November 23, 1999, as renumbered by § 2, Ord. 800, eff. August 8, 2008)