10-4-1 Definitions.
For the purposes of this ordinance:
A. 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. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication.
B. AGGRESSIVE MANNER means and includes:
1. Intentionally or recklessly 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: (i) 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 (ii) 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 (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is: (i) 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 (ii) 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 the Town Code shall not constitute obstruction of pedestrian or vehicular traffic;
5. Intentionally or recklessly using obscene or abusive language or gestures: (i) 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 (ii) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation; or
6. Approaching the person being solicited in a manner that: (i) 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 (ii) is intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation.
C. AUTOMATED TELLER MACHINE means a device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
D. AUTOMATED TELLER MACHINE FACILITY means the area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
E. BANK means any banking corporation.
F. CHECK CASHING BUSINESS means any person duly licensed by the superintendent of banks to engage in the business of cashing checks, drafts, or money orders for consideration pursuant to the provisions of the banking laws.
G. 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, sidewalks, and streets open to the general public, and doorways and entrances to buildings and dwellings, and the grounds enclosing them. ((O)97-01, 01/21/1997)