Sec. 106-85. Monetary solicitation.permanent link to this piece of content

(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 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;
(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, or in any bus, rail or subway station or taxi stand, or within 15 feet of any bus, rail or subway station or taxi stand;
(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 fifteen 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 entry ways or exits and pay stations connected therewith;
(9) Within 15 feet of any public property "vending site" where a "vending business" is in operation, 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
(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)

On Apr 21, 2014, writeall wrote:
JoeJoe, I believe it. After all, isn't the mantra: "Make 'em stop; make 'em stay; make 'em pay?"

On Apr 21, 2014, NeutronBomb wrote:
My concern is whether the GWCC owns the sidewalk around the outside of the park, like the officer claimed. I was always under the impression that 3 feet from the curb in was city property and after that its the private property owner. Though, I still argue the validity of private management of a public park being able to decide who can practice free speech within and who can't. I see no difference between guys practicing their football throwing in the park than me practicing my magic. Even if I didn't have a hat out they'd come make me pack up and leave because in their minds it's just not allowed.
Anyway, like I said, thank you for the info!