§ 118.01. DEFINITIONS.

The following words, terms, and phrases and their derivations, when used in this ordinance, shall have the meanings ascribed to them in this Section except where the context clearly indicates a different meaning.

(a)

Aggressive panhandling or solicitation means any of the following:

(1)

Approaching or speaking to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with either imminent bodily injury or the commission of a criminal act upon the person or another person, or upon property in the person's immediate possession;

(2)

Requesting money or something else of value after the person solicited has given a negative response to the initial request;

(3)

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

(4)

Touching a solicited person without explicit permission; or

(5)

Engaging in conduct that would reasonably be construed as intended to intimidate, compel, or force a solicited person to accede to demands.

(b)

Canvasser is a person who attempts to make personal contact with another person without prior specific invitation or appointment from the person, for the primary purpose of (1) attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate even if incidental to such purpose the canvasser accepts the donation of money for or against such cause, or (2) distributing a handbill or flyer advertising a non-commercial event or service.

(c)

Handbill distribution means the distribution of any commercial or noncommercial written material of any kind, including, but not limited to, a newspaper, papers, sample or device, circular, leaflet, pamphlet, or booklet which may or may not contain commercial or non-commercial advertising or information and which may be sold or delivered without cost to the recipient and not distributed through an authorized news rack or the U.S. Mail.

(d)

Panhandling means any of the following:

(1)

Any solicitation requesting an immediate donation of money or other thing of value for oneself or another person;

(2)

Seeking donations for oneself where the person solicited receives an item of little or no monetary value in exchange for the donation under circumstances where a reasonable person would understand that the transaction is in substance a donation;

(3)

Panhandling does not mean the act of passively standing or sitting, performing music, or singing with a sign or other indication that a donation is being sought, but without any vocal request other than a response to an inquiry by another person.

(e)

Peddler is a person who attempts to make personal contact with another person without prior specific invitation or appointment from the person, for the primary purpose of attempting to sell a good or service. A "peddler" does NOT include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the person for purchase at a location away from or at a time different from the time of visit. (Such a person is a "solicitor".)

(f)

Person means a natural person or any firm, corporation, association, club, society or other organization.

(g)

Private property means any residential, commercial and industrial real property of any kind which is privately owned or occupied.

(h)

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, public beaches, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.

(i)

Solicitor is a person who attempts to make personal contact with another person without prior specific invitation or appointment from the person, for the primary purpose of attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent educational, civil, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service.

(Ord. No. 45-04, § 1, passed 8/3/04; Ord. No. 13-14, § 2, passed 5/20/14 )