§ 8-21 PROHIBITION AND LIMITATION AGAINST CERTAIN FORM, TIME, PLACE AND MANNER OF…

For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGGRESSIVE MANNER — Shall mean any of the following:

• a. Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into giving money or other thing(s) of value;

• b.

  • Continuing to solicit from a person after the person has given a negative response to such soliciting;

• c. Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting;

• d. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; and

• e.

• Using violent or threatening gestures toward a person solicited.

AUTOMATED TELLER MACHINE — Shall mean 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 — Shall mean the area comprised of one (1) or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

CHECK CASHING BUSINESS — Shall mean any person duly licensed superintendent of banks to engage in the business of cashing checks, drafts, or money orders.

COERCES, THREATENS, HOUNDS OR INTIMIDATES THE PERSON SOLICITED — Shall mean soliciting another in any of the following manners:

• a. The solicitor acts in a manner that would cause a reasonable person who was solicited to fear for his or her own safety. Factors to be weighed in determining whether the behavior would cause a reasonable person to fear for his or her own safety include but are not limited to, the making of threatening gestures, the proximity of the solicitor to the person solicited, the duration of the solicitation, making physical contact with the person solicited.

• b. The person who solicits persists in following the person solicited closely after the person being solicited has informed the solicitor by words or conduct that such person does not want to be solicited.

FINANCIAL INSTITUTION — Shall mean any banking corporation, credit union or foreign exchange office.

NIGHT DEPOSIT DROP BOX — Shall mean any area which is made available to banking customers after regular banking hours for the purposes of making deposits into a financial institution.

PUBLIC PLACE — Shall mean a publicly owned building and premises appurtenant thereto any public park, sidewalk, or other right-of-way open to the general public and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, and streets.

SOLICITING — Shall mean asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Soliciting shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other things of value or soliciting the sale of goods or services.

SOLICITOR — Shall mean one who solicits as defined herein.

• a. It is unlawful for any person to solicit in an aggressive manner, or in any manner that coerces, threatens, hounds, or intimidates the person solicited in any public place.

• b. It is unlawful for any person to solicit within ten (10') feet of an automated teller machine or a night deposit drop box.

Nothing in this section shall limit or preclude the enforcement of other applicable laws.

Any person who shall be convicted of a violation of any of the provisions of this section shall be deemed guilty of an infraction and shall be punishable per the amounts listed in the Albany Master Fee schedule.