[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:
AGGRESSIVE MANNER
Includes:
A. 
Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent.
B. 
Following the person being solicited, if that conduct is:
(1) 
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
(2) 
Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
C. 
Continuing to solicit within five feet of the person being solicited after the person has made a negative response, if continuing the solicitation is:
(1) 
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
(2) 
Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
D. 
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.
E. 
Intentionally or recklessly using:
(1) 
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
(2) 
Words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation.
F. 
Approaching the person being solicited in a manner that:
(1) 
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
(2) 
Is intended to or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
AUTOMATED TELLER MACHINE
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.
AUTOMATED TELLER MACHINE FACILITY
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.
BANK
Means any banking corporation as defined by Article I, § 2, of the Banking Law of the State of New York.
CHECK CASHING BUSINESS
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.
PUBLIC AREA
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.
SOLICIT
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.