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FULL PACKET_2018-05-15
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FULL PACKET_2018-05-15
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5/29/2018 9:37:18 AM
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
5/15/2018
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Aggressive or intrusive solicitation typically includes approaching or following <br />pedestrians, the use of abusive language, unwanted physical contact, or the intentional <br />blocking of pedestrian and vehicular traffic. Aggressive or intrusive solicitation can <br />contribute to the loss of access to, and enjoyment of, places open to the public, and can <br />create an enhanced sense of fear, intimidation, and disorder. <br />Solicitation from people in places where they are a 'captive audience" because it is <br />difficult or impossible for them to exercise their own right to decline to listen to or avoid <br />solicitation from others, presents a risk to the health, safety, and welfare of the public. <br />The presence of individuals who solicit money from persons at or near banks or <br />automated teller machines can be intimidating or threatening. Such activity often carries <br />with it an implicit threat to both person and property. Other captive audience" locations <br />include public transportation vehicles, theirdesignated locations for stops, outdoor dining <br />areas, and gasoline stations. Restricting solicitation in such places will provide a balance <br />between the rights of solicitors and the rights of persons who wish to decline or avoid <br />such solicitations and will help to diminish or avoid the threat of violence in such <br />unwarranted and unavoidable confrontations. <br />Solicitation in the public roadway is unsafe and hazardous for solicitors, drivers, <br />pedestrians, and the general public due to the increased risk of drivers becoming <br />distracted from their primary duty to watch traffic, which may result in automobile <br />accidents, congestion, blockage of streets, and delay and obstruction of the free flow of <br />travel, all of which constitute substantial traffic safety problems. <br />The practice of solicitation near driveways accessing shopping centers, retail <br />establishments, and business establishments is unsafe and hazardous for solicitors, <br />drivers, pedestrians, and the general public. The location of a solicitor near a driveway <br />compromises a solicitor's safety, impedes visibility, and impairs a driver's ability to safely <br />enter and exit. Drivers also become distracted from their duty to watch traffic, which may <br />result in automobile accidents, congestion, blockage of streets, and delay and <br />obstruction of the free flow of travel, all of which constitute substantial traffic safety <br />problems. <br />Sec. 10-701. Definitions. <br />As used in this article: <br />(a) "Aggressive" means any of the following types of conduct: <br />(1) Conduct intended or likely to cause a reasonable person to fear <br />bodily harm to oneself or to another, to fear damage to or loss of <br />property, or otherwise to be intimidated into giving money or any <br />other thing of value; <br />Ordinance No. NS -XXX <br />Page 4of9 <br />11 A-6 <br />
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