“Aggressive soliciting” means soliciting which is accompanied by 1 or more of the following:approaching, speaking to, or following a person in such a manner as would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person or upon property in the person’s immediate possession;
in the course of soliciting, touching another person without that person’s consent;
continuously soliciting from a person or following the person after the person has made a negative response;
intentionally blocking or interfering with the safe passage of a person or a vehicle by any means, including unreasonably causing a person to take evasive action to avoid physical contact;
using obscene or abusive language either during the course of soliciting or following a refusal; or
acting with the intent of intimidating another person into giving money or another thing of value.
“Place open to the general public” means sidewalks, streets, alleys, driveways, parking lots and garages, parks, plazas, buildings, doorways and entrances to buildings, the grounds enclosing buildings, or the mall and/or adjacent parking areas of any shopping center to which the general public is invited for business purposes.
“Soliciting” means any act by which 1 person requests an immediate donation of money or other thing of value from another or others in person, regardless of the solicitor’s purpose or intended use of the money or other thing of value.
The solicitation may be oral, written, or by other means of communication.
City Code, 1976/83, art. 19, §249(b)
Ord. 93-275
Ord. 94-447
The Mayor and City Council:
finds and declares that aggressive soliciting and soliciting in certain places and circumstances have a detrimental effect on the creation of a safe environment in the City of Baltimore; and
finds that restricting certain acts, without prohibiting soliciting, is a necessary exercise of the police, health, and welfare power in order to maintain the peace and good government of Baltimore City and to preserve and protect the rights of all citizens.
City Code, 1976/83, art. 19, §249(a)
Ord. 93-275
Ord. 94-447
Ord. 04-672
It is unlawful for any person to engage in aggressive soliciting in any place open to the general public.
City Code, 1976/83, art. 19, §249(c)
Ord. 93-275
Ord. 94-447
It is unlawful for any person to engage in soliciting:
within 10 feet of any automatic teller machine (ATM);
in any public transportation vehicle or at any bus, train, light rail, or subway station or stop;
on private property or residential property, if the owner, tenant, or occupant has asked the person not to solicit on the property or has posted a sign on the property indicating no soliciting;
from any operator or occupant of a motor vehicle that is in traffic on a public street, whether in exchange for cleaning the vehicle’s windows or otherwise; or
from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public parking space or directing the occupant to a public parking space.
City Code, 1976/83, art. 19, §249(e)
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Except as provided in subsection (b) of this section, no person may engage in soliciting between sunset and sunrise.
This section does not apply to soliciting that is done solely:by passively standing or sitting with a sign or other indication that one is seeking donations; and
without addressing any oral or other solicitation to any specific person other than in response to an inquiry by that person.
This section may be enforced by issuance of a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.
A citation may be issued under this section only by a police officer.
No person may be imprisoned for a violation of this section, for failing to pay a fine imposed under this section, or for failing to appear in court.
Ord. 04-675
Ord. 04-675, which added § 47-5 and amended the succeeding sections, provides
“[T]his Ordinance ... will remain effective until the repeal or abrogation of City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}, as enacted by Ordinance 03-595; on the repeal or abrogation of that subtitle, with no further action by the Mayor and City Council, this Ordinance will be abrogated and of no further effect.”
“Soliciting” as defined in <cite data-path="|19|§47-1|(c)">§ 47-1(c) of this subtitle</cite> is lawful except only as specified in this subtitle.
City Code, 1976/83, art. 19, §249(d)
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Ord. 04-675
Except as provided in subsection (b) of this section, any person who violates a provision of this subtitle is guilty of a misdemeanor and, upon conviction thereof:shall be fined not more than $100 or imprisoned for not more than 30 days, or both; or
if the person has been convicted of a violation of this subtitle within the previous year, the person shall be fined not more than $250 or imprisoned for not more than 90 days, or both.
This section does not apply to any violation of <cite data-path="|19|§47-5">§ 47-5 {“Nighttime soliciting prohibited”} of this subtitle</cite>.
City Code, 1976/83, art. 19, §249(f)
Ord. 93-275
Ord. 94-447
Ord. 04-675