Sec. 23-7. Aggressive solicitation in public areas; soliciting near banks, automated teller machines, on public transportation vehicles, at bus stops, or between sunset and sunrise.
A. Definitions. As used in this Section:
1. Aggressive manner means:
a. Intentionally, knowingly or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent; or
b. Approaching or following the person being solicited in a manner that is intended or is likely to cause a reasonable person to fear imminent bodily harm to oneself or another, or damage to or loss of property, or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or
c. Continuing to solicit the person from within ten feet after the person has clearly communicated a request that the solicitation stop; or
d. Intentionally, knowingly or recklessly obstructing 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 protest shall not constitute obstructing passage; or
e. Intentionally, knowingly or recklessly using obscene or abusive language or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
2. Automated teller machine means 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.
3. Bank means a bank, credit union or other similar financial institution.
4. Public transportation vehicle means any vehicle used for the transportation of passengers on scheduled routes on an individual passenger fare-paying basis.
5. Public area means 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.
6. Solicit means to request an immediate donation or exchange 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 by spoken, written, or printed word, or by any other means of communication. Soliciting does not include requesting or accepting payment of the fare on a public transportation vehicle by the operator of the vehicle.
B. Prohibited acts. It shall be unlawful for any person to solicit any money or other thing of value, or to solicit the sale of goods or services:
1. In an aggressive manner in a public area.
2. Within fifteen feet of any entrance or exit of any bank or within fifteen feet of any automated teller machine.
3. In any public transportation vehicle or from persons waiting within ten feet of a sign designating a bus stop.
4. In a vocal manner in a public area between sunset and sunrise. However, this prohibition shall not include the act of passively standing or sitting nor performing music, singing or other street performance with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person.
C. Penalty. A violation of this Section is a Class 1 misdemeanor. In addition to any other penalties authorized by law, the court may order a person sentenced under this Section to perform community service work. (Ord. No. G-3954, §§ 1, 2, 1996; Ord. No. G-4529, § 1, 2003)