Ordinance No. 95-03-84ORDINANCE NO. 9~,-03-8A
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AivIT1~1DING CHAPTF1t I3 OF THE CODE OF .ORDINANCES,
OTk~NSES, BY ADDING A NEW SECTION' FItOHIBITING A.GGRESSTVE
SOLICITATION, AND PROVIDING AN EFFECTIVE DATE.
BE IT EI~TACTED BY THE CITY CONIl1HSSxON ON BEHAI3~ OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, F)<.OItIDA:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new section to be numbcrcd Section 13-12, which section shall read as
follows:
"Sec. 13-X2, Aggz~essive solicitation pxobu'bited
(a) Definitions.
(1) Aggressive rnunrter means and includes:
(i) Intentionally or recklessly making any physical contact with or
touching another person in the course of the solicitation without the person's
consent;
(ii) Following the person being solicited, if that conduct is:(1)
intended to or is likely to cause a reasonable person to fear imminent bodily harm ox
the commission of a criminal act upon p~mperty in the person's possession; or (2) is
intended to or is reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation;
(iii) Continuing to solicit within five (5) feet of the person being
solicited after the person has made a negativc response, if continuing the solicitation
is: (1) intended to or is lil~ely to cause a reasonable person to fear imminent bodily
harm ox the commission of a criminal act upon property in the person's possession;
or (2) is ,intended to or is reasonably likely to intimidate the person being solicited
into responding affirmatively to the solicitatian;
(iv) 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 znaldng the solicitation.
Acts authorized as an exercise of one's constitutional right to picket or legally
protest shall not constitute obstruction of pedestrian or vehiculaz traf;~c;
(v) Intentionally or recklessly rising obscene or abusive laztguage
or gestures: (1)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 (2) words intended to or reasonably likely to intimidate the ,person
being solicited into zespondiaag affirmatively to the solicitation; or
(vi) Approaching the person being solicited in a manner that: (1)
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 (2)
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 financial
institution's account records, which is able to carry out transactions,
including, but not limited to: account transfers, deposits, cash
withdrawals, balance inquiries, and mortgage and loan payments.
(3) Automated teller machine facility means the area comprised of one
or more automatic teller machines, and any adjacent space which is
made available to banking customers after regular banking hours.
(4) Bank means any banking corporation as defined in Section 674.105,
Florida Statutes.
(5) Check cashing business means any person duly licensed by the
superintendent of banks to engage in the business of cashing checks,
drafts or money orders for consideration pursuant to the provisions
of the banking laws.
(6) Public area means an area to which the public or a substantial group
of persons has access, and includes, but is not limited to, alleys,
bridges, buildings, driveways, parking lots, parks, playgrounds,
plazas, sidewalks and streets open to the general public, and the
doorways and entrances to buildings and dwelling, and the grounds
enclosing them.
(7) Solicit means to request an immediate donation of money or other
thing of value from another person, regardless of the solicitor's
purpose or intended use of the money or other thing of value.
(b) Prohibited Acts: It shall be unlawful for any person to solicit money
or other things of value, or to solicit the sale of goods or services:
(1) In an aggressive manner in a public area.
(2) In any public transportation vehicle, or bus station or stop;
(3) Within fifteen (15) feet of any entrance or exit of any bank or check
cashing business or with fifteen (15) feet of any automated teller
machine during the hours of operation of such bank, automated teller
machine or check cashing business without the consent of the owner
or other person legally in possession of such facilities. Provided,
however, that when an automated teller machine is located within an
automated teller machine facility, such distance shall be measured
from the entrance or exit of the automated teller machine facility;
(4) On private property if the owner, tenant, or lawful occupant has
asked the person not to solicit on the property, or has posed a sign
clearly indicating that solicitations are not welcome on the property;
or
(5) From any operator of a motor vehicle that is in traffic on a public
street, whether in exchange for cleaning the vehicle's windows, or
for blocking, occupying, or reserving a public parking space, or
directing the occupant to a public parking space; provided,
however, that this paragraph shall not apply to services rendered in
connection with emergency repairs requested by the operator or
passengers of such vehicle.
(c) Penalties: Any person violating a provision of this section shall be
guilty of an offense and shall upon conviction and adjudication of guilt be punished
as follows:
(1) For a first offense, by a fine of not more than twenty-five ($25.00)
or by imprisonment of not more than (10) days or by community service of
not less than fifty (50) hours; and
(2) For a second and subsequent offense, by a fine of not more than five
hundred dollars ($500.00). or by imprisonment of not less than
fifteen (15) days nor more than ninety (90) days or by community
service of not less than five hundred (500) hours."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this / o~.~ day of ,
2003.
PASSED by the City Commission on second and final reading this o'l'7~ day of
2003.
ATTEST:
MAUREEN KIN
City Clerk
Approved as to form and correctness:
ANC SEN, ESQUIRE
City A ey