§ 5.12.010. Definitions.

As used in this article the following definitions shall apply:

"Aggressive manner" shall mean:

1.

Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent;

2.

Following the person being solicited, if that conduct is:

a.

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

b.

Intended to or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

3.

Continuing to solicit a person after the person has made a negative response;

4.

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 making the solicitation;

5.

Using obscene or abusive language or gestures toward the person being solicited;

6.

Approaching the person being solicited in a manner that:

a.

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

b.

Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

"Agricultural products" shall mean: agricultural, horticultural, viticultural and dairy products and the products thereof, the products of poultry and bee raising, the edible products of forestry, and any and all products raised or produced on farms.

"Canvasser" is a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of: (1) attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause, or (2) distributing a handbill or flyer advertising a non-commercial event or service.

"Itinerant vendor" or "hawker" is a person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the city soliciting, selling, or taking orders for any goods or services. A temporary business is one that continues for 45 days or less; and exists whether solicitation is from a stand, vehicle, or freestanding.

"Mobile food vendor" is an itinerant vendor with a self-contained food service operation, located in a readily movable motorized wheeled or towed vehicle, used to store, prepare, display or serve food intended for individual portion service. Mobile food vendors include but are not limited to food trucks or trailers that operate on private property or ice cream or raspa vendors who operate on public property stopping no longer than 15 minutes when requested by a customer.

"Moral turpitude" shall mean crimes that involve dishonesty, fraud, deceit, misrepresentation or deliberate violence.

"Peddler" is a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell a good or service. A "peddler" does NOT include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit. Such a person is a "solicitor."

"Solicitor" is a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from a resident, for the primary purpose of: (1) attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose even if incidental to such purpose there is the sale of some good or service, or (2) distributing a handbill or flyer advertising a commercial event or service.

(Ord. No. 2018-07 , § 2, 5-22-2018)