§ 51.06. Prohibitions.

(1)

Definitions.

(a)

"Harass" means to make any threats or demands that place the person solicited in reasonable fear of harm to his or her person or damage to his or her property.

(b)

"Solicit" means to directly or indirectly request or attempt to request by spoken, written or printed word, money, donations of money, property or financial assistance of any kind, or to sell or offer for sale any article, tag, service, emblem, publication, ticket, advertisement, subscription or any thing of value on the pleas or representation that such solicitation or sale, or the proceeds thereof, is for a charitable, patriotic, public, philanthropic or political purpose.

(c)

"Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.

(2)

Aggressive Solicitation—Violation. It is unlawful for any person to intentionally solicit in any of the following manners:

(a)

By blocking any legal parking area or structure such that vehicles cannot enter or exit that parking area.

(b)

By harassing the person solicited.

(c)

By following an individual or group of persons with the intent to harass that individual or group.

(d)

By continuing to actively solicit a captive audience after receiving a clear refusal.

(e)

By soliciting an individual while that person is operating an automated teller machine (ATM).

(f)

By entering the premises of private property for the purpose of soliciting when a "No Solicitors" sign is posted.

(3)

False or Misleading Solicitation—Violation. It is unlawful for any person to knowingly and intentionally make any false or misleading representations in the course of soliciting a donation. False or misleading representations include, but are not limited to, the following:

(a)

Stating that the contribution is needed to meet a need which does not exist;

(b)

Use of any makeup, clothing or device to simulate any deformity, handicap or disability that does not exist;

(c)

Representations or misleading statements that any other person or organization sponsors or endorses such solicitation, approves its purpose, or is connected therewith, when that person or organization has not given written consent to the use of its name;

(d)

Use of any name, symbol, emblem, device, or printed matter so closely related or similar to that used by another charitable organization or sponsor that the use thereof would mislead the public; or

(e)

Using or exploiting the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the City.

(4)

Expenditure of Funds Solicited—Violation. It is unlawful for any person to solicit a contribution stating that the funds are needed for a specific purpose with the intent to spend or distribute the funds received for a different purpose.

(Ord. of 8-23-1999, § 1, Doc. #32280; Ord. of 8-21-2000, § 1, Doc. #33178; Ord. No. 2017-42, § 8, 7-24-2017, Doc. #1707241206)

Editor's note— Ord. No. 2017-42, § 7, adopted July 24, 2017, Doc. #1707241206, repealed § 51.06 in its entirety. Formerly said § pertained to charitable solicitations in the public right-of-way prohibited and derived from Ord. of 10-21-1985, Doc. #19788; Ord. of 5-14-1990, Doc. #23916; Ord. of 2-25-1991, Doc. #24609;

Note— Formerly § 51.06-1.