Legislation # 07-0407 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 7/18/2007
Title ORDINANCE TO AMEND AND REENACT CHAPTER 24 ENTITLED "MISCELLANEOUS OFFENSES" BY ADDING THERETO A NEW SECTION 24-50 ENTITLED "AGGRESSIVE SOLICITING"
 
Legislation History 07-0407
DateNotice Of ActionDescription
8/15/2007 Approved
7/18/2007 Adopted on First Reading
7/9/2007 Received By Clerk's Office
 
View Attachments 07-0407
FileTypeSizeDescription
Aggressive Solicitation - Redline.DOC Other 31K Redline Version
 
Legislation Text 07-0407

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0407

 

Enactment Number: -

 

ORDINANCE TO AMEND AND REENACT CHAPTER 24 ENTITLED "MISCELLANEOUS OFFENSES" BY ADDING THERETO A NEW SECTION 24-50 ENTITLED "AGGRESSIVE SOLICITING"

 

Sec. 24-50. Aggressive Soliciting

 

(a)   It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale or purchase of goods or services in an aggressive manner in any public area.

 

(b)   For the purposes of this section the following words and phrases shall have the meanings ascribed to them below, unless a different meaning is plainly required by the context:

Aggressive manner means and includes: 

 

(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)   Approaching or following the person being solicited, if that conduct is: (i) 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 (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

 

(3)   Continuing to solicit the person being solicited after the person has made a negative response, if continuing the solicitation is: (i) 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 (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

 

(4)   Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person to take evasive action to avoid physical contact with the person making the solicitation; and

 

(5)   Intentionally or recklessly using obscene or abusive language or gestures: (i) 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 (ii) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation.

 

Public area  means an area to which the public or a substantial group of persons has access, including, but not limited to: alleys, bridges, buildings, docks, wharfs, marinas, driveways, parking lots, parks, playgrounds, sidewalks, streets open to the general public, and the doorways and entrances to buildings, together with the grounds enclosing them. 

 

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. A solicitation may take the form of, without limitation, the spoken, written or printed word, or by other means of communication including gesture.

 

(c)   Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on August 15, 2007.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, Clerk of Council