Sec. 17-92. - Definitions.
The following words and terms when used in this article shall have the meaning respectively ascribed to them in this section.
Aggressive manner shall mean any of the following:
(1) Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, damage to or loss of property, or to otherwise be intimidated into giving money or other thing of value;
(2) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting;
(3) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact with the solicitor;
(4) Using violent or threatening gestures toward a person before, during, or after soliciting;
(5) Persisting in closely following or approaching a person, after the person has informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or
(6) Using profane, offensive or abusive language which is likely to cause the person solicited to be intimidated by such language before, during, or after the solicitation.
Aquarium District shall mean the area bounded on the north by Charlotte Street; on the east by the Cooper River; on the south by Laurens Street; and on the west by East Bay Street, said area to include all rights-of-way and sidewalks lying within and adjacent to said district and that portion of the city's riverwalk located within said district.
Battery shall mean the elevated sidewalk adjacent to the Cooper River and Ashley River between the intersections of East Bay Street and Water Street and Murray Boulevard and King Street.
Busker is a person who plays music or performs for entertainment on the public rights-of-way and other publically owned places.
Charitable organization shall mean any person, organization, rescue squad, volunteer fire department or any other charitable or eleemosynary organization that holds itself out to be established for any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or eleemosynary purpose, or for the benefit of law enforcement officers, firefighters or other persons who protect the public safety.
Charitable soliciting shall mean any person on behalf of a charitable organization is traveling by foot or any type of conveyance, from place to place, from house to house, or from street to street, requesting, directly or indirectly, money, credit, property, financial assistance, remuneration, or other thing of value.
City of Charleston's Youth Palmetto Art and Business Program shall mean the program^ administered by the City of Charleston's Recreation Department for youths between the ages of nine (9) and eighteen (18) or the completion of high school, whichever occurs first, for the purposes of teaching youth entrepreneurial skills using palmetto art products.
Dangerous materials, objects or actions includes, but is not limited to, pyrotechnics, fireworks, knives, animals, fire, projectiles or any other prop, device, or material or action which could cause harm to or endanger the public, the busker, or property.
King Street District shall mean that section of King Street between Carolina Street and Broad Street and all rights-of-way and sidewalks lying within and adjacent to said district.
Market District shall mean the area bounded on the north by Hasell and Beaufain Streets; on the east by the Cooper River; on the south by Cumberland, Horlbeck Alley and Clifford Streets; and on the west by Archdale Street, excepting from said district the Market Head Hall, four (4) market sheds and the sidewalks abutting the sheds which are adjacent to the blocks of Church, Anson, and State Streets running between said sheds and that portion of Anson Street lying between south and north Market Streets in said district, said district to include all right-of ways and sidewalks lying within and adjacent to said district.
Old and Historic District shall mean that portion of the city that is so designated from time to time on the official zoning map of the city.
Palmetto artisan shall mean any person who is enrolled in the City of Charleston's Youth Palmetto Art and Business Program, who are traveling by foot or any type of conveyance, from place to place, house to house, or from street to street, attempting to sell palmetto bud fronds that have been physically altered from their natural state into a palmetto art product. Individuals, who are eighteen (18) or older and not in high school, that are selling palmetto art products shall be considered peddlers for the purpose of this chapter.
Palmetto art products shall mean palmetto bud fronds that have been physically altered from their natural state into tangible items being offered for sale or donation.
Panhandling shall mean the solicitation of alms whether by offering something of nominal value in exchange for a donation or not.
Peddling shall mean any person traveling by foot or any type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take refundable security or seat deposits, or requesting a person's commitment of time, or orders for the sale of goods, wares, and merchandise, or other personal property of any nature whatsoever for immediate or future delivery provided no alcohol shall be contained therein, or for services to be furnished immediately or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not.
Peddler shall mean any individual, whether a resident of the city or not, who engages in the business of peddling as defined above.
Perform includes, but is not limited to, the following activities: acting, singing, playing musical instruments, pantomiming, painting, juggling, magic, dancing, reading, puppetry, sidewalk art (working with non-permanent, water-soluble media, i.e., chalk, pastels, or watercolors directly on the pavement), and reciting. Perform shall not include the production of or the offer of items for sale at the location of the performance.
Person shall mean an applicant, individual, corporation, limited liability company, association, partnership, trust, foundation or any other entity however styled.
Right-of-way or Rights-of-way means a public road over which a person or entity has the legal right to access.
Selling of palmetto art products shall mean the activities engaged in by palmetto artisans when they are attempting to sell or give for donation palmetto bud fronds that have been physically altered from their natural state into a palmetto art product.
Soliciting shall mean peddling, charitable soliciting, selling of palmetto art products, busking, panhandling, and vending as herein defined.
Solicitor means a person who solicits.
South of Broad District shall mean the area bounded on the north by Broad Street; on the east by the Cooper River; on the south by the Ashley and Cooper Rivers; and on the west by the Ashley River, said district to include Broad Street and all rights-of-way and sidewalks lying within and adjacent to said district except the portion of Meeting Street lying between St. Michael's Alley and Broad Street and the portion of the sidewalk directly in front of 93 Broad Street.
Special event shall mean a pre-planned activity sponsored by an individual, group, organization or entity proposed to be held on public property, including public streets, sidewalks, trails, facilities, parks, or other property owned or managed by the city which would significantly impact either public property and/or normal vehicular and pedestrian traffic requiring the use of city services, and which shall include but not be limited to a parade, foot race, bike or wheeled race, celebration, amusement event, cultural recognition, sporting event, demonstration, competition, commercial movie or television production, photography shoot, commercial for-profit event, charitable cause, or other similar activity.
Vending shall mean any person engaged in the business of selling food or drink provided no alcohol shall be contained therein and/or reading material from a stationary cart or any other stationary vehicle or device that is placed, parked or stopped in or upon any city street or in any public parking space, public right-of-way, public sidewalk next to any city street or on any other public property in the Old and Historic District of the City of Charleston, except in such area as may be designated and marked by the department of traffic and transportation for such purpose and as is approved by city council.
Vendor shall mean any individual, whether a resident of the city or not, who engages in the business of vending as defined above.
Vendor space shall mean area as shall be designated and marked by the department of traffic and transportation for such purpose and as is approved by city council.
Visitor reception and transportation district shall mean the area bounded on the north by Ann Street and the northern boundary of Wragg Square; on the east by Elizabeth Street; on the south by Hutson and Charlotte Streets; and on the west by King Street, said district to include all rights-of-way and sidewalks lying within and adjacent to said district.
Waterfront Park District shall mean the area bounded in a northerly direction along Concord Street from the intersection of S. Adgers Wharf to the intersection of Concord Street and Mid-Atlantic Wharf; thence turning and running in a westerly direction on Mid-Atlantic Wharf to the intersection of Mid-Atlantic Wharf and Prioleau Street; thence turning and running in a northerly direction on Prioleau Street to the intersection of Prioleau Street and Vendue Range; thence turning and running in an easterly direction on Vendue Range to the intersection of Vendue Range and Concord Street to the intersection of Concord and Cumberland Streets, said area to include all rights-of-way and sidewalks lying within and adjacent to said district.
White Point Garden shall mean the park area bounded on the west by King Street, on the north by South Battery Street, the east by East Battery Street, and the south by Murray Boulevard.
(Ord. No. 2014-40, § 1, 3-25-14; Ord. No. 2015-134, § 1, 9-22-15; Ord. No. 2016-076, § 1, 6-21-16; Ord. No. 2019-014, § 1, 2-26-19)
