§ 910-12. Improper Solicitation.
(a)
Definitions. For purposes of this section, the following terms shall be defined as set forth below:
(1)
"Solicit" and "Solicitation" means to make any request in person while in a public place, for an immediate grant of money, goods or any other form of gratuity from another person(s) when the person making the request is not known to the person(s) who are the subject of the request, or to engage in such activity on private property.
However, the terms "solicit" and "solicitation" shall not mean the act of passively standing or sitting with a sign or other indicator that a donation of money, goods or any other form of gratuity is being sought without any vocal request other than a response to an inquiry by another person.
(2)
"Public place" means a publicly owned building and premises appurtenant thereto, any public park, sidewalk or other right of way open to the general public and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, skywalks and streets.
(b)
It is unlawful for any person to solicit in the following places or under the following conditions:
(1)
In any public transportation vehicle;
(2)
Within 20 feet of an automatic teller machine or public entrance to a bank;
(3)
From any operator or occupant of a motor vehicle or from any person entering or exiting a motor vehicle;
(4)
On private property without permission from the owner;
(5)
After 8:00 p.m. and before 7:00 a.m. during any dates on which Daylight Saving Time is in effect; or after 7:00 p.m. and before 7:00 a.m. during any dates on which Daylight Saving Time is not in effect. The dates for the annual duration of Daylight Saving Time shall be as established by the federal government of the United States;
(6)
From any person engaged in the act of placing money in a single-space or multi-space parking meter or from any person engaged in the act of locating money on his or her person or within his or her personal belongings to place in a single-space or multi-space parking meter, as such parking meters are defined in Chapter 509 of the Cincinnati Municipal Code, "Parking Meters", while such person is standing within five feet of a single-space or multi-space parking meter;
(7)
Within any private parking garages or private parking lots as defined in Chapter 413 of the Cincinnati Municipal Code, "Parking Garages or Parking Lots", or any public parking garages or public parking lots.
(c)
It is unlawful for any person to recklessly cause inconvenience, annoyance or alarm to another by soliciting from another person when the other person is located in the following places or is facing the following conditions;
(1)
At any bus stop;
(2)
Within 20 feet of any crosswalk;
(3)
While standing in line waiting to be admitted to a commercial establishment;
(4)
Within any outdoor dining area as defined in Chapter 723 of the Cincinnati Municipal Code, "Streets and Sidewalks; Use Regulations";
(5)
Within 20 feet of any hotel doorway to which hotel patrons have authorized entrance from the public right-of-way into a hotel located within the Downtown Development District as defined in the Cincinnati Zoning Code, Chapter 1411, and which hotel doorway leads into the first-floor lobby for the hotel or to an atrium or stairway space below a second-floor hotel lobby. For purposes of this section, "hotel doorway" shall mean a hinged doorway, an electronic sliding doorway or a circular revolving doorway.
(d)
It is unlawful for any person to solicit in an aggressive manner, including any of the following actions:
(1)
Soliciting in a manner that impedes access to or from, or use of a building, vehicle or establishment;
(2)
Soliciting in a manner that would alarm, intimidate, threaten, menace, harass, or coerce a reasonable person;
(3)
By following behind, ahead or alongside, blocking the path of, or continuing to solicit a person who walks or drives away from the person soliciting or who gives notice or demonstrates verbally or physically that such solicitation is offensive, unwelcome or that the solicitation should cease;
(4)
By using profane or abusive language or gestures either during the solicitation or following a refusal, or making any statement, gesture or other communication that would cause a reasonable person to be fearful or would be perceived as a threat; or
(5)
By touching the solicited person without a statement, gesture or other communication that the person being solicited consents to the touching.
(e)
It is unlawful for any person to knowingly make a false or misleading representation in the course of soliciting a donation. False or misleading representations include, but are not limited to the following:
(1)
Stating that the donation is needed to meet a specific need, when the person soliciting already has sufficient funds to meet that need and does not disclose that fact;
(2)
Stating that the donation is needed to meet a need that does not exist;
(3)
Stating that the person soliciting is from out of town and stranded, or that he or she is homeless when that is not true;
(4)
Stating or representing that the person soliciting is a member of a military service when the person soliciting is neither a present nor a former member of a military service;
(5)
Stating or representing that the person soliciting suffers from a mental or physical disability or deformity when the person soliciting does not suffer the disability or deformity indicated.
(f)
Each section and each part of each section of this ordinance is hereby declared to be an independent section and part of a section and, notwithstanding any other evidence of legislative intent, that if any section or part of a section, or any provision thereof, or the application thereof to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those to whom it is held invalid, shall be affected thereby, and it is hereby declared to be the legislative intent that the provisions of this ordinance would have been adopted independently of such section, sections or parts of a section so held invalid.
(g)
Whoever violates this section is guilty of a misdemeanor of the fourth degree. Whoever violates this section three times or more within one year is guilty of a third degree misdemeanor.
(Ord. 156-1995, eff. June 2, 1995; a. Ord. No. 368-1995, eff. Nov. 8, 1995; a. Ord. No. 140-1999, eff. May 21, 1999; a. Ord. No. 68-2002, eff. April 5, 2002; a. Ord. No. 158-2003, § 2, eff. June 20, 2003; Emer. Ord. No. 140-2006, § 1, eff. May 10, 2006; Emer. Ord. No. 0028-2007, § 1, eff. Jan. 18, 2007; a. Ord. No. 0361-2007, § 1, eff. 10-26-2007; a. Ord. No. 043-2011, § 1, eff. March 16, 2011)