§ 106-85. Monetary solicitation.

(a)

"Monetary solicitation" defined:

(1)

"Monetary solicitation" or to "monetarily solicit" is an act or action performed by an individual that meets the following three criteria:

a.

Is an in-person request of another individual, either orally or by gesture; and

b.

The request is for an immediate distribution of money or anything of monetary value; and

c.

The request occurs on public property, including, without limitation, city streets, sidewalks, transit stations or platforms, and parks.

(2)

"Monetary solicitation" and "monetarily solicit" shall not include:

a.

Requests for signatures on a petition or other document; or

b.

Distribution of written material that requests individuals to send contributions by mail or make donations in some other manner at a later time; or

c.

Distribution of pre-addressed envelopes along with a verbal plea to contribute money, provided that no request for an immediate contribution is made; or

d.

Sale of literature or other merchandise or food where payment occurs at a separate time and location, including through mail order; or

e.

Public vending lawfully permitted in accordance with Atlanta City Code, Chapter 30, Article XXIII, Division 1, section 30-1400 et seq.

(b)

Monetary solicitation in certain areas. It shall be unlawful for any person to monetarily solicit in any of the following places:

(1)

Within 15 feet of the entrance to or exit from any public toilet facility, which includes any temporary use site (port-a-toilet);

(2)

Within 15 feet of an automated teller machine (ATM), provided that when an ATM is located within an ATM facility, such distance shall be measured from the entrance or exit of the ATM facility;

(3)

Within 15 feet of any parking lot pay box, on-street parking pay station or kiosk;

(4)

Within 15 feet of any pay telephone, provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility;

(5)

In any public transportation vehicle; in or on any bus, rail, subway or Atlanta Streetcar platform or station or taxi stand, including without limitation entryways, exits, queuing areas and pay stations connected therewith; within 15 feet of any bus, rail, subway or Atlanta Streetcar platform or outdoor station or taxi stand; and within 15 feet of the entrance or exit of a station located in an enclosed building;

(6)

Within 15 feet of the entrance or exit of a building, whether publicly or privately owned, including without limitation any residence, business, event venue or athletic facility. Nothing in this subsection (6) shall prohibit monetary solicitation within 15 feet of any other portion of a building other than its exit(s) and entrance(s);

(7)

Within 15 feet of or within a line for entry to any building, whether the building is publicly or privately owned, including without limitation any residence, business, event venue or athletic facility;

(8)

In a parking lot or garage owned or operated by the City of Atlanta, including entryways or exits and pay stations connected therewith;

(9)

Within 15 feet of any public property "valid vendor location" where a "vendor" is operating, as defined in the Atlanta City Code, Chapter 30, Article XXIII, Division 1, Section 30-1401; or

(10)

Within 15 feet of any private property "valid vendor location" where a "vending business" is in operation, as defined in the Atlanta City Code, Article XXIV, Division 1, Section 30-1461.

(11)

Within the Restricted Monetary Solicitation Zone, defined as the area between the boundaries of the following named streets, including both sides of each named street and each corner of intersecting named streets:

Martin Luther King Jr. Drive SW from Courtland Street SE to Peachtree Street SW; Peachtree Street SW from Martin Luther King Jr. Drive SW to Alabama Street SW; Alabama Street SW from Peachtree Street SW to Forsyth Street SW; Forsyth Street SW from Alabama Street SW to Marietta Street NW; Marietta Street NW from Forsyth Street NW to Ivan Allen Jr. Boulevard; Ivan Allen Jr. Boulevard from Marietta Street NW to Peachtree Street NE; Peachtree Street NE from Ivan Allen Jr. Boulevard to Peachtree Center Avenue NE; Peachtree Center Avenue NE from Peachtree Street NE to Baker Street NE; Baker Street NE from Peachtree Center Avenue NE to Piedmont Avenue NE; Piedmont Avenue NE from Baker Street NE to Edgewood Avenue NE; Edgewood Avenue NE from Piedmont Avenue NE to Courtland Street SE; Courtland Street SE from Edgewood Avenue NE to Martin Luther King Jr. Drive SW; and

Piedmont Avenue NE from John Wesley Dobbs Avenue NE to Edgewood Avenue SE; Edgewood Avenue SE from Piedmont Avenue NE to Boulevard NE; Boulevard NE from Edgewood Avenue SE to Auburn Avenue NE; Auburn Avenue NE from Boulevard NE to Jackson Street NE; Jackson Street NE from Auburn Avenue NE to Irwin Street NE; Irwin Street NE from Jackson Street NE to Fort Street NE; John Wesley Dobbs Avenue NE from Fort Street NE to Piedmont Avenue NE.

Auburn Avenue NE from Boulevard NE to Jackson Street NE; Jackson Street NE from Auburn Avenue NE to Irwin Street NE; Irwin Street NE from Jackson Street NE to Boulevard NE; Boulevard NE from Irwin Street NE to Auburn Avenue NE.

(12)

Within the Midtown Theatre District Zone, defined as the area between the boundaries of the following named streets, including both sides of each named street and each corner of intersecting named streets:

Spring Street NW from 3rd Street NW to Ponce de Leon Avenue NE; Ponce de Leon Avenue from Springs Street to W. Peachtree Street NW; W. Peachtree Street NW from Ponce de Leon Avenue NE to North Avenue NE; North Avenue NE from W. Peachtree Street NW to Piedmont Avenue NE; Piedmont Avenue NE from North Avenue NE to 4th Street NE; 4th Street NE from Piedmont Avenue NE to W. Peachtree Street NW; W. Peachtree Street NW from 4th Street NE to 3rd Street NW; 3rd Street NW from W. Peachtree Street NW to Spring Street NW.

(c)

Aggressive monetary solicitation. It shall be unlawful for any person to monetarily solicit in any of the following manners:

(1)

Blocking the path or passage of the person solicited;

(2)

Not allowing the person solicited to leave the presence of the solicitor, by following immediately behind or walking alongside the person solicited;

(3)

Using profane or abusive language, either during the solicitation or following refusal;

(4)

Continuing to monetarily solicit a person after that person has refused the solicitation verbally or by gesture;

(5)

Continuing to monetarily solicit a person located in or on a motor vehicle after that person has refused the solicitation verbally or by gesture;

(6)

Making any statement, gesture or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat that is intended to compel or force the person solicited to accede to the demands of the solicitor; and/or

(7)

Touching the person solicited.

(d)

Penalties.

(1)

Upon conviction under section 106-85(b) above, the violator may be sentenced to one or more of the following: the performance of up to 30 days community service; a monetary fine not to exceed $1,000.00; and/or imprisonment not to exceed 180 days.

(2)

Upon the first conviction under section 106-85(c) above, the violator may be sentenced to one or more of the following: the performance of up to 30 days community service; a monetary fine not to exceed $1,000.00; and/or imprisonment not to exceed 180 days.

(3)

Upon the second conviction under section 106-85(c) above, the violator may be sentenced to one or more of the following: the performance of up to 30 days community service; a monetary fine not to exceed $1,000.00; and/or imprisonment not to exceed 180 days, provided that the sentence must include a minimum of 30 days imprisonment.

(4)

Upon the third and future convictions under section 106-85(c) above, the violator may be sentenced to one or more of the following: the performance of up to 30 days community service; a monetary fine not to exceed $1,000.00; and/or imprisonment not to exceed 180 days, provided that the sentence must include a minimum of 90 days imprisonment.

(Ord. No. 2012-44(12-O-1324), § 1, 10-8-12; Ord. No. 2013-31(13-O-1103), 7-10-13; Ord. No. 2015-20(15-O-1189), §§ 1, 2, 5-27-15 ; Ord. No. 2015-31(15-O-1267), § 1, 6-24-15 )