5.258 Prohibited Solicitation.
Purpose. It is the intent of this Chapter to impose reasonable place and manner limitations on solicitation, as defined herein, in order to protect the safety of the general public against abusive solicitation while respecting the constitutional right of free speech. This ordinance balances protecting free expression with providing public safety protection, protecting the public’s vehicular and pedestrian movement from being impeded by solicitors, and protecting a captive audience from solicitors.
(1) Abusive Solicitation. No person shall engage in abusive solicitation as defined in this section. A person shall not be deemed to be in violation of this section when he or she passively displays a sign unless that person takes action to obtain and/or retrieve an item of value from another person caused by the sign being displayed.
(2) Definitions. The following words or phrases as used in this Chapter shall have the following meanings:
(a) “Solicitation” means an in-person request made to obtain an immediate donation of money or other item of value.
(b) “Abusive Solicitation” means engaging in conduct, including but not limited to the following listed conduct, intentionally, recklessly or knowingly, with the effect of either placing the solicited person in reasonable apprehension of imminent physical harm, or with the effect of provoking or likely to provoke an imminent violent or disorderly response from the person being solicited:
(i) Continuing to solicit once the person being solicited has declined the request;
(ii) Blocking or impeding the passage of the person solicited;
(iii) Following the person solicited by proceeding behind, ahead or alongside of him or her after the person solicited has declined the request;
(iv) Touching the solicited person without the solicited person’s consent;
(v) Using words, gestures, and/or actions which are offensive or threatening.
(3) Penalties. Any violation of the provisions of this ordinance constitutes a misdemeanor.
(4) Severance. If any section, sentence, clause, or phrase of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way effect the validity of any remaining portions of this law.