§ 12-66. Solicitation by coercion and solicitation on public area prohibited.

(A)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Coercion means:

(1)

To approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with:

a.

Imminent bodily injury; or

b.

The commission of a criminal act upon the person or another person, or upon property in the person's immediate possession;

(2)

To persist in a solicitation after the person solicited has given a negative response;

(3)

To block, either individually or as part of a group of persons, the passage of a solicited person; or

(4)

To engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands.

(B)

A person commits an offense if he conducts a solicitation by coercion or conducts a solicitation in any public area in the city at any time on any day of the week.

(C)

It is a defense to prosecution under subsection (b) of this section if the solicitation:

(1)

Consisted exclusively of passive, nonverbal acts; or

(2)

Was being conducted on private property with the advance written permission of the owner, manager, or other person in control of the property.

(D)

The provisions of section 12-57 regarding exemptions shall apply to this section.

(Ord. No. 14-30, § 2, 7-21-2014)