Amend Chapter 13, addition of New Article 2 Entitled Panhandling and Solicitation Regulations

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Panhandling And Solicitation Regulations Ordinance Page 3 Sec. 13-25 Definitions. For purposes of this Article, unless the context otherwise requires, a term that begins with an upper case letter has the meaning assigned in the sentence in which it appears within quotation marks; and the following words and phrases shall have the meanings set forth below. The singular includes the plural and vice versa as indicated by the context. "Including", "such as", and similar terms, when used as part of a phrase containing one or more specific items, are to be interpreted as being used by way of example and not of limitation. (a) "Aggressive Manner" means: (1) Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property, or otherwise be intimidated into giving money or other object of value; (2) Continuing to solicit from a person after the person has given a negative response to such soliciting; (3) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting; (4) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting; (5) Using violent or threatening gestures toward a person solicited either before, during or after soliciting; (6) Persisting in following or approaching the person being solicited with the intent of asking that person for money or other object of value after the person solicited has informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; (7) Using profane, offensive or abusive language, or speaking in a volume unreasonably loud which is inherently likely to provoke an immediate violent reaction, either before, during or after soliciting; or (8) Soliciting money from anyone who is waiting in line for entry to a building or for another purpose. (b) "Automated Teller Machine (ATM)" means any electronic information-processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account. (c) "Central Business and Entertainment Area (CBEA)" means the area located within the City of South Bend as designated on the map in Exhibit A-1 and as set forth by legal description in Exhibit A-2 which are attached hereto and included herein by reference, and are on file in the Office of the City Clerk and are available for public inspection during regular business hours. (d) "Panhandler" means a person conducting Solicitation (as defined below) for money or other objects of value. However, for the avoidance of doubt, it is hereby expressly provided that "Panhandler" does not mean a person who is a "Licensee" conducting o~tt2a