City of Davis

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

(1) "Automatic teller machine" or "ATM" means any electronic information-processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account. The term does not include devices used solely to facilitate check guarantees or check authorizations, or which are used in connection with the acceptance or dispensing of cash on a person-to-person basis, such as by a store cashier.

(2)"Outdoor automatic teller machine" shall mean any automatic teller machine that is not completely enclosed within a building wherein a user may access the ATM without opening a door or otherwise entering an enclosed building and includes, but is not limited to, ATMs located adjacent to a bank or other financial institution but does not include ATMs located within a grocery, convenience or other type of store.

(3)"Person" shall mean either an individual person or an organization.

(4)"Solicit" means to ask for the immediate payment of money, food or other item of value, whether or not in exchange for goods, services, or other consideration, or to receive a contribution of money or other property, by words, bodily gestures, signs, or other means. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction completed or an exchange of money takes place.

(b) Prohibition. It is unlawful for any person to solicit another within fifty (50) feet of any outdoor automatic teller machine.

(c)Violations. Any person who violates this section shall be guilty of a misdemeanor.

(Ord. No. 2152)