AGGRESSIVE MANNER: Means and includes:

AUTOMATED TELLER MACHINE: A device linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments.

AUTOMATED TELLER MACHINE FACILITY: The area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

BANK: Any banking corporation under any state or federal law.

CHECK CASHING BUSINESS: Any person duly licensed by the superintendent of banks to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of the banking laws.

PUBLIC AREA: An area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.

SOLICIT: 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 may be, without limitation, by the spoken, written or printed word, or by other means of communication.

1. In an aggressive manner in a public area;

2. In any public transportation vehicle or bus station or stop;

3. Within fifteen feet (15') of any entrance or exit of any bank or check cashing business or within fifteen feet (15') of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business 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 machine facility;

4. 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 clearly indicating that solicitations are not welcome on the property; or

5. From any operator of a motor vehicle that is in traffic on a public street, whether in exchange for cleaning the vehicle’s windows, or for blocking, occupying or reserving a public parking space, or directing the occupant to a public parking space; provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle.

1. This section is not intended to prescribe any demand for payment of services rendered or goods delivered.

2. This section is not intended to create a result through enforcement that is absurd, impossible or unreasonable. This section should be held inapplicable in any such cases where its application would be unconstitutional under the constitution of the state or the Constitution of the United States of America.

1. A violation of this section is a Class C misdemeanor. A first offense shall carry a minimum fine of one hundred dollars ($100.00) or such imprisonment as ordered by the court, or both. If the person has been convicted of a violation of this section within the previous period of one (1) year, the person shall be fined not less than two hundred fifty dollars ($250.00) or imprisonment as determined by the court, or both.

2. In lieu of, or in addition to the penalty provided in this section, a person in violation of this section may be required to perform community service work as described by the court.

3. Any arrest or conviction under this section shall be disclosed to government social service agencies who request that the applicable public official be notified of such events.