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For the purposes of this Chapter the following definitions shall apply:

“Aggressive manner” means and includes:

(a) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent;

(b) 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) intended to, or is reasonably likely to, intimidate the person being solicited into responding affirmatively to the solicitation;

(c) Continuing to solicit within five (5) feet of the person being solicited after the solicited person has given 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 solicited person’s possession; or

(ii) intended to, or is reasonably likely to, intimidate the person being solicited into responding affirmatively to the solicitation;

(d) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the solicited person to take evasive action to avoid physical contact with the person making the solicitation;

(e) Intentionally or recklessly using obscene or abusive language or gestures that are:

(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 solicited person’s possession; or

(ii) intended to, or is reasonably likely to, intimidate the person being solicited into responding affirmatively to the solicitation;

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

(g) Entering a street or roadway to solicit, or soliciting in a manner that disrupts or impedes traffic, or creates a traffic safety hazard.

“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, drive-up window areas, automated teller machine areas, parking lots, parks, playgrounds, plazas, sidewalks, rest rooms, and streets open to the general public, and the doorways and entrances to buildings and the grounds enclosing them.

“Solicit” means to request 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; to request another person to purchase goods or services; or to request another person to perform any action requested by the solicitor, including but not limited to listening to the solicitor’s message, or signing a petition. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication.

(Enacted 1997-69, Am 2013-01)