§ 9-4-13 — SOLICITATION

§ 9-4-13 - SOLICITATION.

(A) The council finds that: (1) Aggressive solicitation is disturbing and disruptive to residents and businesses and contributes to the loss of access to and enjoyment of public places and to a sense of fear, intimidation and disorder. (2) Aggressive solicitation includes approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. (3) The presence of individuals who solicit money from persons at or near banks, automated teller machines, public transportation facilities, and crosswalks is especially troublesome because of the enhanced fear of crime in a place that is confined, difficult to avoid, or where a person might find it necessary to wait. (4) This section is intended to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, and not to limit a constitutionally protected activity. (B) In this section: (1) AGGRESSIVE MANNER means: 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 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 reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; c. continuing to solicit a person within five feet of the person being solicited after the person has made a negative response; d. 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; e. using obscene or abusive language or gestures toward the person being solicited; f. 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 reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation. (2) AUTOMATED TELLER MACHINE means a device, linked to a bank's account records, which is able to carry out banking transactions. (3) AUTOMATED TELLER FACILITY means the area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers. (4) BANK includes a bank, savings bank, savings and loan association, credit union, trust company, or similar financial institution. (5) BUS means a vehicle operated by a transit authority for public transportation. (6) CHECK CASHING BUSINESS means a person in the business of cashing checks, drafts, or money orders for consideration. (7) PUBLIC AREA means an outdoor area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, alleyway, pedestrian way, or the common area of a school, hospital, apartment house, office building, transport facility, or shop. (8) SOLICIT means to request, by the spoken, written, or printed word, or by other means of communication an immediate donation or transfer of money or another thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value, and regardless of whether consideration is offered. (C) A person commits an offense if the person solicits: (1) in an aggressive manner in a public area; (2) in a bus, at a bus station or stop, or at a facility operated by a transportation authority for passengers; (3) within 25 feet of: a. an automated teller facility; b. the entrance or exit of a bank; or c. the entrance or exit of a check cashing business; (4) at a marked crosswalk; (5) on either side of the street on a block where a school attended by minors or a child care facility has an entrance or exit; (6) at a sidewalk cafe authorized under Chapter 14-4 (Sidewalk Cafes) or the patio area of a bar or restaurant; or (7) within the boundaries of the City of Austin between 7:00 p.m. and 7:00 a.m. (D) A culpable mental state is not required, and need not be proved, for an offense under this Chapter Subsection (C)(2), (3), or (4). (E) This section is not intended to proscribe a demand for payment for services rendered or goods delivered.

Source: 1992 Code Section 10-1-15; Ord. 031023-13; Ord. 031211-11; Ord. 20051215-017; Ord. No. 20190620-185, Pt. 2, 7-1-19; Ord. No. 20210209-003, Pt. 3, 5-1-21.