12.32.063 - Solicitation prohibitions.
A. Definitions. As used in this chapter, the following words, terms, and phrases should have the following meanings:
1. Aggressive manner means:
a. Making any physical contact with or touching another person while in the course of soliciting without the other person's, operator's, or passenger's consent; or
b. Following a person, group, operator, or passenger being solicited, if the conduct is:
i. Reasonably likely to cause fear of imminent bodily injury or theft; or
ii. Reasonably likely to intimidate the person, group, operator, or passenger being solicited; or
c. Continuing to solicit from a person, operator, or passenger of a motor vehicle, after the person, operator, or passenger has made a negative response such as to constitute threatening conduct; or
d. Blocking the passage of a person, group, operator, or passenger of a motor vehicle; or
e. Using abusive or obscene language or bodily gestures towards a person, group, operator, or passenger of a motor vehicle such as to constitute threatening conduct; or
f. Approaching a person, group, operator, or passenger of a motor vehicle in a manner:
i. That is likely to put a reasonable person in fear of imminent harm or theft or
ii. Is reasonably likely to intimidate into responding in the affirmative.
2. Adult means a person who is eighteen years of age or older.
3. Intimidate means conduct which threatens the person solicited.
4. Median means a dividing area, whether landscaped or paved, maintained for the purpose of separating or directing vehicular traffic.
5. Minor means a person who is below the age of eighteen.
6. Public place means an 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.
7. Solicitation or solicit mean 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.
8. Threatening conduct means conduct which would make a reasonable person fearful of harm to his person or property.
B. Solicitation prohibitions.
1. A person commits an offense if the person solicits:
a. In an aggressive manner in a public place; or
b. From a median in a street open to the public or within fifteen feet of a street corner on a street open to the public;
c. Upon any commercial property within the city when such property is affixed with conspicuously posted signage stating "NO SOLICITING ALLOWED," that notifies that solicitation is not permitted on the property, or is otherwise permitted only in restricted areas of the property. Such signs shall have bold lettering of not less than one inch in height as follows:
i. "NO SOLICITING ALLOWED. VIOLATIONS ARE SUBJECT TO FINE PURSUANT TO THE EL PASO CITY CODE 12.32.063." The sign shall comply with the permit requirements under Section 20.18.400 of the El Paso City Code.
d. No occupant of a motor vehicle may contribute to, accept or purchase material from any other person who is on any public roadway, or from a person twelve years of age or younger who is on the surrounding sidewalks, medians, islands and unpaved roadway, while the motor vehicle is stopped in obedience to a traffic control signal.
e. It is unlawful for a person, without the effective consent of an occupant, to intentionally or knowingly touch or strike or cause an object to touch or strike a vehicle stopped on a public roadway in obedience to a traffic control signal light, during an act of soliciting rides or business from the occupants of the vehicle.
2. A culpable mental state is not required, and need not be proved, for an offense under this section.
3. The penalty for violation of this ordinance is provided in Chapter 1.08 of this Code.
C. Solicitation prohibitions—Construction. Severability is intended throughout and within the provisions of the soliciting rides or business ordinance. If any provision, including inter alia any subsection, part, phrase, term or word, or the application thereof to any person or circumstances is held invalid or unconstitutional by valid judgment or decree of a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance, and such remaining portions shall remain in full force and effect.
(Ord. No. 17886, § 2, 10-9-2012; Ord. No. 17992, § 1, 4-30-2013)
