Zombie – My Definition

July 30, 2011 § Leave a comment

Zom-bie

noun

zombies, plural

An individual who, while holding a cardboard sign with a message of despair, appears apathetic and completely unresponsive to their surroundings until a vehicle approaches close enough to engage in the illegal act of panhandling.

Synonyms:

Beggar, bum, drifter, tramp, vagabond, vagrant

http://articles.kspr.com/2011-03-16/solicitation_28700516

Sec. 86-8. – Solicitations from occupants of motor vehicles.

It shall be unlawful for any person to engage in any public solicitation from the occupants of any motor vehicle while the motor vehicle shall be upon the public streets or ways of the city unless the vehicle shall be lawfully parked at the time of the solicitation.

note: be aware that the above definition of zombie is inclusive of the below municipal code on aggressive solicitation.

Sec. 78-2. – Aggressive solicitation.

Intent.

(1) This section is intended to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that are unwelcome. Aggressive solicitation usually includes approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or intentional blocking of pedestrian and vehicular traffic. The council finds that the presence of individuals who solicit money from persons at or near banks or automated teller machines or in public transportation vehicles is especially troublesome because of the enhanced fear of crime in those confined environments. Such activity carries with it an implicit threat to both persons and property.

(2) The law is not intended to limit any person from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activities.

(b) Definitions. For purposes of this section, the following definitions shall apply:

Aggressive manner means:

(1) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent with the intent to intimidate;

(2) Following the person being solicited, if that conduct is:

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

(3) Continuing to solicit within five feet of the person being solicited after the person has made a negative response, if continuing the solicitation is:

a. 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. 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 with intent to intimidate, or requiring the person or the driver of a vehicle to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one’s constitutional right to picket or legally protest, and acts authorized by a permit issued pursuant to this Code, shall not constitute obstruction of pedestrian or vehicular traffic;

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

(6) Approaching the person being solicited in a manner that is:

a. 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. Intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

Automated teller machine means 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 means the area comprised of one or more automated teller machines and any adjacent space which is made available to banking customers after regular banking hours.

Bank means any banking corporation, credit union or savings and loan licensed by the state or the United States of America.

Intimidate means to engage in conduct which would make a reasonable person fearful or feel compelled.

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

(c) Prohibited acts. It shall be unlawful for any person to solicit money or other things of value or to solicit the sale of goods or services:

(1) In an aggressive manner in a public area.

(2) In any public transportation vehicle or bus.

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

(d) Construction and severability.

(1) This section is not intended to proscribe any demand for payment for 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 cases where its application would be unconstitutional under the constitution of the state or the Constitution of the United States of America.

(G.O. No. 4582, § 1, 2-5-1996)

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