<div class="chunk-title">Sec. 38-111. - Begging or soliciting alms, contributions, goods or services in an aggressive manner or within prohibited areas.</div>
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               (a)
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               <span class="ital">Definitions.</span> For the purpose of this article, the following definitions shall apply:
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               <span class="ital">Solicit, beg or ask</span> 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. The solicitation, begging or asking may be, without limitation, by
               the spoken, written, or printed word, or by other means of communication.
               </p>
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               <span class="ital">Aggressive manner</span> means and includes, without limitation, the following conduct:
               
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                  (1)
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                  Intentionally or recklessly making any physical contact with or touching another person
                  in the course of the solicitation without the persons consent;
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                  (2)
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                  Following the person being solicited, if that conduct 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 is intended to or is reasonable likely
                  to intimidate the person being solicited into responding affirmatively to the solicitation;
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                  (3)
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                  Continuing to solicit within five feet of the person being solicited after the person
                  has made a negative response, if continuing the solicitation 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 is intended to or is
                  reasonable likely to intimidate the person being solicited into responding affirmatively
                  to the solicitation;
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                  (4)
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                  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 asking the solicitation;
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                  (5)
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                  Intentionally or recklessly using obscene or abusive language or gestures 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 using words or gestures
                  intended to or reasonably likely to intimidate the person into responding affirmatively
                  to the solicitation; or
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                  (6)
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                  Approaching the person solicited in a manner 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 is intended to or is reasonable likely
                  to intimidate the person being solicited into responding affirmatively to the solicitation.
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               (b)
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               <span class="ital">Prohibited acts.</span> It shall be unlawful for any person to solicit, beg or ask for money or other things
               of value, to exhibit oneself for the purpose of soliciting, begging or asking for
               money or other things of value, or to solicit or otherwise offer the sale of goods
               or services:
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               (1)
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               In an aggressive manner;
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               (2)
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               Within 15 feet of any entrance or exit of any bank or financial institution, or within
               15 feet of any automated teller machine 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 facility;
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               (3)
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               On private property if the owner, tenant, or lawful occupant has asked the person
               not to solicit on the property, or has posted a sign indicating that solicitations
               are not permitted on the property; or
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               (4)
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               From any operator or passengers of a motor vehicle that is on a public street or road
               or within the right-of-way thereof; 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.
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               (c)
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               <span class="ital">Penalty.</span> Violations of this provision may be punished by a civil penalty to be recovered in
               the nature of a debt of $100.00 for each violation or violations may be punished as
               a misdemeanor pursuant to G.S. 14-4.
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            <p class="historynote0">
               (Ord. of 1-20-2009, Â§ 2; Ord. of 10-1-2012, Â§ 1)
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