§ 27-4. Aggressive solicitation prohibited.

(a)

For purposes of this section, solicitation means the act of asking, bartering, or communicating in any other such manner, whether orally, in writing, hand signing, or any other method, either directly or by implication, for the purpose of receiving or obtaining immediately money, alms, gifts, or items of value whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, or services actually takes place.

(b)

It shall be unlawful to engage in solicitation in the following manner:

(1)

Intentionally touching or causing physical contact with another person or an occupied vehicle without the solicited person's consent;

(2)

Intentionally blocking, either individually or as part of a group of persons, the passage of a solicited person;

(3)

Following closely behind, ahead, or alongside a person after the person has been solicited and informed the solicitor by words or conduct that the person does not want to be solicited or does not want to give money or any other thing of value to the solicitor;

(4)

Using violent or threatening gestures toward the solicited person; or

(5)

Approaching or speaking to a person in a manner that would cause a reasonable person to believe that the person: is being threatened with imminent bodily injury, the commission of a criminal act upon the person or another person or upon property in the person's immediate possession; or otherwise is being intimidated into giving money or other thing of value.

(c)

It shall be unlawful to engage in solicitation inside any public transportation vehicle.

(d)

It shall be unlawful to engage in solicitation inside any public restroom which includes any temporary use site (port-a-toilet).

(e)

It shall be unlawful to engage in solicitation in any outdoor area between 8:00 p.m. and 7:00 a.m. of the following day. It is a defense to prosecution under this section if the person engaged in solicitation conducts the solicitation exclusively in passive, non-vocal acts or performs music, sings, or engages in another street performance with merely a sign that states that a donation is sought or with the advance, written permission of the owner, manager, or other person in control of the property on which the solicitation is occurring.

(f)

It shall be unlawful to engage in solicitation within twenty-five (25) feet of:

(1)

An automated teller machine or banking institution drive-through;

(2)

An entrance or exit of a bank, credit union, nondepository financial institution, automated teller machine facility, or other similar financial institution;

(3)

A pay telephone located outdoors or on the exterior of a structure;

(4)

A self-service car wash;

(5)

A self-service fuel pump;

(6)

A public transportation stop; or

(7)

An outdoor dining area of a restaurant, cafe, or cafeteria.

(Ord. No. 2009-9086, § 2, 6-25-09)