§ 21-29. Aggressive solicitation.

(a)

In this section, the following definitions apply:

Aggressive manner means:

(1)

Making any physical contact with or touching another person in the course of the solicitation without the person's consent;

(2)

Following the person being solicited, if that conduct is:

a.

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

b.

Reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

(3)

Continuing to solicit a person after the person has made a negative response;

(4)

Blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation;

(5)

Using obscene or abusive language or gestures toward the person being solicited; or

(6)

Approaching the person being solicited in a manner that:

a.

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

b.

Is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

Automated teller machine means a device, linked to a bank's account records, which is able to carry out banking transactions.

Automated teller facility means the area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers.

Bank includes a bank, savings bank, savings and loan association, credit union, trust company, or similar financial institution.

Charitable contribution meter means a re-dedicated parking meter sanctioned by the city to allow charitable donations to be made by the public to support services for the homeless or some other charitable purpose.

Check cashing business means an entity in the business of cashing checks, drafts, or money orders for consideration.

Parking meter or pay station means a location on a street, parking lot or parking garage where persons pay for parking by either cash or credit to a person or at a machine or other device designed to accept payment.

Public area means an area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, alleyway, pedestrian way, or the common area of a school, hospital, apartment house, office building, transport facility, or shop.

Solicit means to request, by the spoken, written, or printed word, or by other means of communication an immediate donation or transfer of money or another thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value, and regardless of whether consideration is offered.

(b)

A person commits an offense if the person solicits:

(1)

In an aggressive manner in a public area; or

(2)

Within fifty (50) feet of the following areas where the public is considered vulnerable or where solicitation would interfere with the flow of traffic:

a.

An automated teller machine;

b.

An automated teller facility;

c.

The entrance or exit of a bank;

d.

The entrance or exit of a check cashing business;

e.

A charitable contribution meter;

f.

A parking meter or parking pay station on a street;

g.

A public parking garage or parking lot pay station;

h.

The entrance or exit of a restaurant or the service area of an outdoor eating establishment;

i.

In a bus, at a bus station or stop, or at a facility operated by a transportation authority for passengers; or

j.

A marked crosswalk.

(c)

A culpable mental state is not required, and need not be proved, for an offense under this section.

(d)

Any person who engages in any activity specified in subsection (b), maybe subject to prosecution for a Class C misdemeanor and a fine not to exceed five hundred dollars ($500.00).

(Ord. No. 100380, §§ 1, 2, 2-3-05; Ord. No. 2011-11-17-0958, § 1, 11-17-11)