[HISTORY: Adopted by the Board of Trustees of the Village of Massena 10-2-2007
by L.L. No. 2-2007. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Intentionally or recklessly making any physical contact with or touching
another person in the course of the solicitation without the person's
consent.
Following the person being solicited, if that conduct is:
Intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the person's
possession; or
Is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation.
Continuing to solicit within five feet of the person being solicited
after the person has made a negative response, if continuing the solicitation
is:
Intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the person's
possession; or
Is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation.
Intentionally or recklessly blocking the safe or free passage of the
person being solicited or requiring the person, or the driver of a vehicle,
to take evasive action to avoid physical contact with the person making the
solicitation. Acts authorized as an exercise of one's constitutional
right to picket or legally protest, and acts authorized by a permit issued
pursuant to this Code, shall not constitute obstruction of pedestrian or vehicular
traffic.
Intentionally or recklessly using obscene or abusive language or gestures:
Approaching the person being solicited in a manner that:
Is intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the person's
possession; or
Is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation.
A device, linked to a 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.
The area comprised of one or more automatic teller machines, and
any adjacent space which is made available to banking customers after regular
banking hours.
Any banking corporation.
Any person duly licensed by the Superintendent of Banks to engage
in the business of cashing checks, drafts or money orders for consideration
pursuant to the provisions of the banking laws.
An area to which the public or a substantial group of persons has
access and includes, but it not limited to, alleys, bridges, buildings, driveways,
parking lots, parks, playgrounds, plazas, sidewalks and streets open to the
general public and the doorways and entrances to buildings and dwellings and
the grounds enclosing them.
To request an immediate donation of money or other thing of value
from another person, regardless of the solicitor's purpose or intended
use of the money or other thing of value. The solicitation may be, without
limitation, by the spoken, written, or printed word, or by other means of
communication.
It shall be unlawful for any person to solicit money or other things
of value, or to solicit the sale of goods or services:
A.
In an aggressive manner in a public area;
B.
In any public transportation vehicle, or bus or bus station
or stop;
C.
Within 15 feet of any entrance or exit of any bank or
check-cashing businesses or within 15 feet of any automated teller machine
during the hours of operation of such bank, automated teller machine or check-cashing
business without the consent of the owner or the other person legally in possession
of such facilities; provided, however, that when an automated teller machine
is located within an automated teller machine facility, such distance shall
be measured from the entrance or exit of the automated teller machine facility;
D.
On private property of an owner, tenant, or lawful occupant
who has asked the person not to solicit on the property, or has posted a sign
clearly indicating that solicitations are not welcome on the property; or
E.
From any operator of a motor vehicle that is in traffic
on a public street, whether in exchange for cleaning the vehicle's windows,
or for blocking, occupying, or reserving a public parking space, or directing
the occupant to a public parking space; provided, however, that this subsection
shall not apply to services rendered in connection with emergency repairs
requested by the operator or passengers of such vehicle.
A.
A violation of this chapter may be punished by a fine
not to exceed $100 or by imprisonment for a term not to exceed 30 days, or
by both. If the person has been convicted of a violation of this chapter within
the previous period of one year, the person shall be fined not more than $250
or imprisoned for not more than 90 days, or both.
B.
In lieu of, or in addition to the penalty provided in
this section, a person in violation of this chapter may be required to perform
community service work as described by the court.
