[Added 2-28-2000 by L.L. No. 2-2000]
A.
The Board of Trustees finds that the increase in aggressive
solicitation throughout the Village has become extremely disturbing
and disruptive to residents and businesses and has contributed not
only to the loss of access to and enjoyment of public places but also
to an enhanced sense of fear, intimidation and disorder.
B.
Aggressive solicitation usually includes approaching
or following pedestrians, repetitive soliciting despite refusals,
the use of abusive or profane language to cause fear and intimidation,
unwanted physical contact or the intentional blocking of pedestrian
and vehicular traffic. The Board of Trustees further finds that the
presence of individuals who might be soliciting monies from persons
at or near banks, automated teller machines or in public transportation
vehicles and upon public roadways is especially troublesome because
of the enhanced fear of crime in those confined environments. Such
activity carries with it an implicit threat to both persons and property.
C.
The law is not intended to limit any persons from
exercising their constitutional rights to solicit funds, picket, protest
or engage in other constitutionally protected activity. Rather, its
goal is to protect citizens from the fear and intimidation accompanying
certain kinds of solicitation that have become an unwelcome and overwhelming
presence in the Village.
As used in this article, the following terms
shall have the meanings indicated:
Includes:
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 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 §§ 155-54 through 155-71 of the Village Code, shall not constitute obstruction of pedestrian or vehicular traffic under this article.
Intentionally or recklessly using:
Obscene or abusive language or gestures intended
to or 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
Words intended to or reasonably likely to intimidate
the person into responding affirmatively to the solicitation.
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 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.
Means any banking corporation as defined by Article I, § 2, of the Banking Law of the State of New York.
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 is 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 limitations, 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 train
station or stop.
C.
Within 15 feet of any entrance or exit of any bank
or check cashing business 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 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 if the owner, tenant or lawful
occupant 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.
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 article may be punished by a fine
not to exceed $250 or by imprisonment for a term not to exceed 15
days, or by both.
B.
Any arrest or conviction under this article shall
be disclosed to government social service agencies who request that
the applicable public official be notified of such events.
A.
Severability is intended throughout and within the
provisions of this article. If any section, sentence, clause or phrase
of this article is held invalid or unconstitutional by a court of
competent jurisdiction, then such judgment shall in no way affect
or impair the validity of the remaining portions of this article.
B.
This article is not intended to proscribe any demand
for payment for services rendered or goods delivered.
C.
This article is not intended to create a result through
enforcement that is absurd, impossible or unreasonable. The article
should be held inapplicable in any such cases where its application
would be unconstitutional under the Constitution of the State of New
York or the Constitution of the United States of America.
