§ 36-142. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aggressive panhandling includes:

(1)

Intentionally or recklessly making any physical contact with or touching another person or his or her vehicle in the course of the solicitation without the person's consent;

(2)

Following the person being solicited, if that conduct is intended to or 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 is intended to, or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

(3)

Continuing to solicit within five feet of the person being solicited after the person has made a negative response, if continuing the solicitation is intended to or 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 is intended to, or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

(4)

Intentionally or recklessly 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. Acts authorized as an exercise of one's constitutional right to picket or legally protest, and acts authorized by a permit issued pursuant to section 36-61 shall not constitute obstruction of pedestrian or vehicular traffic;

(5)

Intentionally or recklessly using obscene or abusive language or gestures intended to or 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 words intended to, or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or

(6)

Approaching the person being solicited in a manner that is intended to or 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 is intended to, or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

Public area means an area to which the public or a substantial group of persons has access including, but not limited to, alleys, bridges, buildings, driveways, parking lots, parks, play grounds, plazas, sidewalks and streets that are open to the general public.

Solicit means to request an immediate donation 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, including employment, business or contributions or to request the sale of goods or services. The solicitation may be, without limitation, by the spoken, written, or printed word or by other means of communication.

(Ord. No. 06-11-15, § 1(ch. 11, art. 7, § 1), 11-21-2006; Ord. No. 07-05-29, § 1(ch. 11, art. 7, § 1), 5-3-2007; Ord. No. 07-04-22, § 1(ch. 11, art. 7, § 1), 4-12-2007; Ord. No. 07-05-29, § 1(ch. 11, art. 7, § 1), 5-3-2007; Ord. No. 07-11-51, § 1(ch. 11, art. 7, § 1), 11-7-2007)