Chapter 9.50 — PROHIBITION ON AGGRESSIVE SOLICITATION

A.

"Aggressive manner" shall mean any of the following:

Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to

a.

Fear bodily harm to oneself or to another, damage to or loss of property, or

b.

Otherwise be intimidated into giving money or other thing of value;

Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging;

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;

Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;

Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.

B.

"Public place" shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.

C.

"Public transportation vehicle" shall mean any vehicle designed, used, or maintained for carrying eight or more passengers for hire.

D.

"Solicit" shall include using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

E.

"Solicitor" is one who solicits as defined in subsection (D).

(Ord. No. 998 N.S., § 2, 1-7-2014)

It shall be unlawful for any person on the streets, sidewalks and other public places, whether publicly or privately owned, to solicit in an aggressive manner.

(Ord. No. 998 N.S., § 2, 1-7-2014)

A.

In order to promote the safe and orderly flow of traffic and to prevent the harassment and intimidation of citizens and visitors in the vicinity of cash dispensing institutions or facilities, and commercial and retail establishments, no person may solicit, unless expressly permitted to do so by applicable state law:

Within twenty-five feet of any ATM or similar cash machine, bank, or savings and loan; or

By approaching an operator or occupant of a motor vehicle while such vehicle is located on any public street, any median of a public street, any parking lot or structure, or within six feet of any vehicular entrance or exit of any parking lot or structure, provided, however, that this subsection shall not apply to services rendered in connection with emergency services or repairs requested by the operator or passenger of such vehicle.

a.

Parked Vehicle Exemption. This subsection shall not apply to vehicles lawfully parked within a public street.

b.

Sidewalk Exemption. This subsection shall not apply to any sidewalk or walkway unless located within ten feet of the vehicular entrance or exit of any parking lot or structure.

Within any public transportation vehicle.

a.

Exemption. This subsection shall not apply to public transportation vehicles operated by the federal or the state government.

In any non-public places except with the property owner's or lawful occupant's written consent which shall be produced upon request.

B.

This section shall not apply to soliciting within a commercial parking area with the permission of the owner or lawful occupant, provided such activity does not interfere with the safe and orderly flow of traffic entering or exiting the parking area onto city streets and all necessary permits have been obtained.

(Ord. No. 998 N.S., § 2, 1-7-2014)

This chapter is not intended to proscribe any demand for payment for services rendered or goods delivered.

(Ord. No. 998 N.S., § 2, 1-7-2014)

This chapter is not intended to restrict the exercise of protected free speech.

(Ord. No. 998 N.S., § 2, 1-7-2014)

Any person who violates any provision of this chapter is guilty of an infraction.

(Ord. No. 998 N.S., § 2, 1-7-2014)