§ 22-161. Begging and soliciting.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings provided in this subsection, except where the context clearly indicates a different meaning:

Accosting means approaching or speaking to a person in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his person, or upon property in his immediate possession.

Ask, beg or solicit mean and include, without limitation, the spoken, written or printed word or such other acts as are conducted in furtherance of the purpose of obtaining donations.

Charitable or civic organization means a nonprofit organization that is qualified under section 501(c)(3) or 501(c)(4) of the internal revenue code, 26 USC 501, or a veterans' organization that has tax-exempt status under the internal revenue code, which is located in or has a local chapter in the County of Muskegon.

Daylight hours means the time period beginning one (1) hour after sunrise and ending one (1) hour before sunset.

Forcing oneself upon the company of another means continuing to ask, beg or solicit from a person after that person has made a negative response, blocking the passage of the individual addressed, or otherwise engaging in conduct which could reasonably be construed as intended to compel or force a person to accede to demands.

Solicitor means a person who solicits on behalf of a charitable or civic organization.

(b)

Unless otherwise authorized by chapter 32, or by subsection (d) of this section, it shall be unlawful for any person to solicit money or other things of value:

(1)

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;

(2)

Within 15 feet of the entrance to or exit from any public toilet facility;

(3)

Within 15 feet of an automated teller machine, provided 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)

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)

Within any public transportation vehicle, or within 15 feet of any bus stop, taxi stand or rapid transit stop;

(6)

From any occupant of a motor vehicle that is in traffic on a public street; provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the owner or passengers of such vehicle;

(7)

From any person who is waiting in line for entry to any building, public or private, including, but not limited to, any residence, business or athletic facility; or

(8)

Within 15 feet of the entrance or exit from a building, public or private, including, but not limited to, any residence, business or athletic facility.

(c)

It shall be unlawful for any person to solicit money or other things of value by:

(1)

Accosting another; or

(2)

Forcing oneself upon the company of another.

(d)

The prohibition in subsection (b)(6) does not apply to a person who is soliciting contributions on behalf of a charitable or civic organization during daylight hours, if all of the following are satisfied:

(1)

The charitable or civic organization complies with applicable local government regulations set forth at subsections (e) through (g) of this section.

(2)

The person is 18 years of age or older.

(3)

The person is wearing high-visibility safety apparel that meets current American standards promulgated by the International Safety Equipment Association.

(4)

The portion of the roadway upon which the solicitation occurs is not a work zone and is within an intersection where traffic control devices are present.

(e)

The organization must obtain an intersection solicitation permit from the city. Applicants shall file a written, sworn statement, in duplicate, with the city clerk, at least one month, but not more than 12 months, prior to the date(s) of solicitation, giving the following information:

(1)

The name, address and telephone number of the person requesting the permit on behalf of the organization;

(2)

The name and address of the organization requesting the permit;

(3)

The name, address and telephone number of the person who will act as chairperson or will be responsible for conducting intersection solicitation;

(4)

The date(s), time(s), and location(s) for which the right to conduct intersection solicitation is desired;

(5)

A brief description of the nature of any solicitation materials to be utilized;

(6)

Evidence of insurance, with the city as one of the named insureds, in an amount sufficient to protect the city from claims for damages from personal injury in a minimum of $1,000,000.00, property damage or any other injury proximately caused by the event, said amount to be reasonable considering the nature, purpose, and location of the event and the risk of injury or damage; and,

(7)

Such other information as the city council shall deem pertinent in evaluating the effect such event may have on the health, safety and welfare of the residents of the city.

(f)

Applications submitted will be reviewed by the city clerk to insure that all required information has been provided. Completed applications will be considered by the city council for approval during a regular meeting.

(g)

The following conditions apply to all intersection solicitation permits:

(1)

An organization may only conduct one intersection solicitation campaign per year. The campaign may consist of a maximum of two consecutive days.

(2)

Intersection solicitation campaigns will be permitted only during the period from March 15 through December 15 and only during daylight hours.

(3)

Only one organization may conduct an intersection solicitation campaign in a given calendar month.

(4)

Solicitors may not impede the normal flow of traffic. Solicitation may only occur when vehicles are stopped for the traffic signal. Solicitations conducted in violation of this subsection may be terminated by the police department.

(5)

Solicitations may be conducted only within or near the following designated intersections:

a.

Grand Haven Road at East Hile Road.

b.

Grand Haven Road at Airport Road.

c.

Henry Street at Porter Road.

d.

Norton Avenue at McCracken Street.

e.

Norton Avenue at Roosevelt Road.

f.

Seminole Road at Lake Harbor Road.

(h)

Any person violating the provisions of this division shall be responsible for a municipal civil infraction.

(Ord. No. 777, §§ 1, 2, 5-3-2016, eff. 1-1-2017; Ord. No. 790, § 1, 3-7-2017; Ord. No. 794, § 1—3, 2-20-2018)