Sec. 16-101. Disorderly conduct.
(a) It is unlawful for any person to intentionally, knowingly or recklessly:
(1) Make a coarse and obviously offensive utterance, gesture or display in a public place when such utterance, gesture or display causes injury or tends to invite an immediate breach of the peace.
(2) Abuse or threaten a person in a public place in an obviously offensive manner.
(3) Fight with another in a public place, except as a participant in a sporting event.
(b) It is an affirmative defense to prosecution under paragraph (2) of subsection (a) of this section that the actor has significant provocation for his abusive or threatening conduct.
(Code 1977, § 14-44)
Sec. 16-102. Urination and defecation in public.
(a) It is unlawful for any person to urinate or defecate in a public place, or at any other location where such conduct is observed by another person who has a legal right to be present at the location from which the conduct was observed.
(b) Nothing in this section shall be construed to prohibit the normal use of public facilities specifically designed and intended for the use of voiding human bodily wastes.
(Code 1977, § 14-44.1)
Sec. 16-103. Unreasonable noise; disturbing the peace.
(a) It is unlawful for any person to make, continue or cause to be made or to permit or assist another to make, continue or cause to be made, any unreasonable noise which, under all of the circumstances presented, would annoy, injure or endanger the comfort, repose or peace of a person of ordinary sensitivities. The following noises and circumstances shall be deemed as prima facie unreasonable:
(1) Any noise or sound which is audible twenty-five (25) or more feet from a mobile noise or sound source.
(2) Any noise or sound which is audible within a private residence that the person responsible for the sound has no right to occupy, specifically including but not limited to apartments, common interest communities and other multiunit dwelling structures.
(3) Any noise, sound source or any person or group of persons engaged in loud and continuing activities which are audible twenty-five (25) or more feet from the noise source or at the property line of the property upon which the noise source is located or upon which such activities are taking place, continuing for a minimum of fifteen (15) minutes.
(4) Any person performing or permitting the performance of trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential uses between the hours of 11:00 p.m. and 7:00 a.m. For purposes of this paragraph, testimony that the name of a business which holds itself out as being in the business of trash hauling was written on the trash truck shall be prima facie evidence that the trash truck was owned by and under the control of the employer so identified.
(b) Any member of the police department who personally observes a violation of this section may serve as the complaining party in the prosecution of such violation, regardless of whether the officer's observation was initiated by the complaint of another party.
(c) Any activity or noise source conducted or caused by an activity conducted, sponsored or approved by the city shall be exempt from the requirements of this section.
(Code 1977, § 14-44.2; Ord. No. 1346, § 1, 6-13-05)
Sec. 16-104. Indecent exposure.
It shall be unlawful for a person knowingly to expose his or her less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below the point immediately above the top of the areola to the view of any person under circumstances in which such conduct is intended to, or is reasonably likely to, cause affront, upset or alarm to the other person.
(Code 1977, § 14-44.3)
Sec. 16-105. Disrupting lawful assembly.
It is unlawful for any person to disrupt a lawful assembly if, with the intent to prevent or disrupt any lawful meeting, procession or gathering, he significantly obstructs or interferes with the meeting, procession or gathering by physical action verbal utterances or by any other means.
(Code 1977, § 14-45)
Sec. 16-106. Loitering.
(a) In this section “to loiter” means to be dilatory, to stand idly, to linger, to lie or wander about, to remain, abide or tarry in a public place.
(b) It is unlawful for any person to loiter in or about a school building or grounds, not having reason or relationship involving custody of or responsibility for a pupil or any other specific, legitimate reason for being there and not having written permission from a school administrator.
(c) Lawful acts in the course of lawful assembly as a part of peaceful and orderly petition for the redress of grievances, either in the course of labor disputes, or otherwise, shall not be held to be in violation of this section.
(Code 1977, § 14-46)
Sec. 16-107. Harassment; stalking.
(a) It is unlawful for any person, with intent to harass, annoy or alarm another person, to:
(1) Strike, shove, kick or otherwise touch a person or subject him to physical contact.
(2) In a public place, direct obscene language or make an obscene gesture to or at another person.
(3) Follow a person in or about a public place or places.
(4) Initiate communication with another, anonymously or otherwise, either in person or by telephone, in a manner intended to harass or threaten bodily injury or property damage, or which includes any comment, request, suggestion, or proposal which is obscene.
(5) Make a telephone call or cause a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation.
(6) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property.
(7) Repeatedly insult, taunt, challenge, or make communication in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.
(8) Commit any two (2) or more of the acts specified in this section against the same person.
(b) As used in this section, unless the context otherwise requires, “obscene” means a patently offensive description of an ultimate sexual act or solicitation to commit an ultimate sexual act, whether or not said ultimate sexual act is normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.
(c) Any act prohibited by subsections (a)(4) or (5) of this section may be deemed to have occurred or to have been committed at the place at which the telephone call was either made or received.
(d) A person commits harassment by stalking if directly or indirectly through another person such person knowingly makes a credible threat to another person and, in connection with such threat, repeatedly follows that person or a family or household member of that person or makes a credible threat to another person and, in connection with such threat, repeatedly communicates with that person or a family or household member of that person, whether or not a conversation ensues.
For purposes of this subsection (d):
(1) “Credible threat” means a threat which would cause a reasonable person to be in fear for the person's life or safety or the life or safety of his/her family or household member(s);
(2) “Family or household members(s)” is as defined in section 16-110(a)(3);
(3) “In connection with” means acts occurring either before, during, or after the credible threat; and
(4) “Repeatedly” means on more than one occasion.
(Code 1977, § 14-47; Ord. No. 1988-757, § 1, 5-23-88; Ord. No. 1995-999, § 1, 4-24-95)
Sec. 16-108. Unlawful interference—Educational institutions.
(a) It is unlawful for any person on or near the premises or facilities of any educational institution to willfully deny to students, school officials, employees and invitees:
(1) Lawful freedom of movement on the premises.
(2) Unlawful use of the property or facilities of such institution.
(3) The right of lawful ingress and egress to the institution's physical facilities.
(b) It is unlawful for any person on the premises of any educational institution or at or in any building or other facility being used by any educational institution to willfully impede the staff or faculty of such institution in the lawful performance of their duties or to willfully impede a student of such institution in the lawful pursuit of his educational activities through the use of restraint, coercion or intimidation or when force and violence are present or threatened.
(c) It is unlawful for any person to willfully refuse or fail to leave the property of, or any building or other facility used by, any educational institution upon being requested to do so by the chief administrative officer, his designees charged with maintaining order on the school premises and in its facilities or a dean of such educational institution, if such person is committing, threatens to commit or incites others to commit any act which would disrupt, impair, interfere with or obstruct the lawful missions, processes, procedures or functions of the institution.
(d) Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between an educational institution and its employees, any contractor or subcontractor or any employee thereof.
(Code 1977, § 14-48)
Sec. 16-109. Same—Public buildings and proceedings.
(a) It is unlawful for any person to so conduct himself at or in any public building owned, operated or controlled by the city, the state or any of its political subdivisions, as to willfully deny to any public official, public employee or any invitee on such premises, the lawful rights of such official, employee or invitee to enter, use the facilities of or leave any such public building.
(b) It is unlawful for any person at or in any such public building to willfully impede any public official or employee in the lawful performance of duties or activities through the use of restraint, coercion or intimidation or by force and violence or threat thereof.
(c) It is unlawful for any person to willfully refuse or fail to leave any such public building upon being requested to do so by the chief administrative officer or his designee charged with maintaining order in such public building, if such person has committed, is committing, threatens to commit or incites others to commit any act which did, or would if completed, disrupt, impair, interfere with or obstruct the lawful missions, processes, procedures or functions being carried on in such public building.
(d) It is unlawful for any person at any meeting or session conducted by any judicial, legislative or administrative body or official at or in any public building to willfully impede, disrupt or hinder the normal proceedings of such meeting or session by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting such meeting or session, or by any act designed to intimidate, coerce or hinder any member of such body or official engaged in the performance of the duties of such meeting or session.
(e) It is unlawful for any person, by any act of intrusion into the chamber or other areas designated for the use of any executive body or official act or in any public building, to willfully impede, disrupt or hinder the normal proceedings of such body or official.
(Code 1977, § 14-49)
Sec. 16-110. Domestic violence.
(a) Definitions. Unless the text clearly requires otherwise, the following words and phrases shall have the meanings indicated:
(1) Domestic violence means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic violence also includes any other ordinance violation committed against a person or against property when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
(2) Intimate relationship means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both parents of the same child regardless of whether the persons have been married or have lived together at any time.
(3) Judicial day means any day in which the court convenes or is formally in session.
(b)Violations. It shall be unlawful for any person to commit an act of domestic violence.
(1) A person who is found guilty at trial or who pleads guilty or no contest to a violation of this section, shall be guilty of a misdemeanor punishable pursuant to section 16-4 of this Code of Laws.
(2) In addition to any sentence which is imposed for a violation of this section, the defendant shall be ordered to complete a treatment program and a treatment evaluation that conforms with the standards adopted by the state domestic violence management treatment board as required by Section 16-11.8-104, C.R.S., as existing or as hereafter amended. If an intake evaluation conducted by a certified treatment program provider discloses that sentencing to a treatment program would be inappropriate, the person shall be referred back to the court for alternative disposition.
(3) In addition to any sentence which is imposed for a violation of this section, the court may order treatment for drug or alcohol abuse, counseling for mental health disorders, community service work programs, parenting classes, and/or restraining orders.
(4) The probation department will provide monthly reports to the court detailing the information necessary to determine each defendant's compliance with the treatment program referred to in subsection (c)(2) above. The court will provide a copy of that monthly report to the prosecuting attorney's office, and, upon request, other appropriate parties. Such reports are required for the purpose of providing updated information to victims of domestic violence crimes, monitoring the compliance of persons ordered into treatment, assessing the effectiveness of the counseling which is ordered and assessing the effectiveness of the various counseling programs used by the court.
(5) In a case in which the underlying facts include an act of domestic violence, the court shall not accept a plea of guilty or no contest to an ordinance violation which does not include the domestic violence designation, unless the prosecuting attorney makes a good faith representation on the record that such attorney would not be able to establish a prima facie case that the defendant and the alleged victim were currently or formerly involved in an intimate relationship if the defendant were brought to trial on the original domestic violence offense. In a case in which the underlying facts include an act of domestic violence, the court shall not accept a plea of guilty or no contest to an ordinance violation which does not include the domestic violence designation, unless there is a good faith representation by the prosecuting attorney that such attorney would be unable to establish a prima facie case if the defendant were brought to trial on the original offense.
(6) A person charged with a violation of this section is not eligible for deferred prosecution or for home detention in the home of the victim.
(7) A person charged with a violation of this section is eligible for a deferred judgment and sentence only if such person has no prior conviction of domestic violence in this or any other jurisdiction. A person granted a deferred judgment and sentence pursuant to this section shall be ordered to complete a treatment program nd a treatment evaluation that conforms with the standards adopted by the state domestic violence management treatment board as required by Section 16-11.8-104, C.R.S., as existing or as hereafter amended.
(8) Before granting probation or a deferred judgment and sentence, the court shall consider the safety of the victim and the victim's children if probation or a deferred judgment and sentence is granted.
(d) Evidence of similar transactions:
(1) Domestic violence is frequently cyclical in nature, involves patterns of abuse, and can consist of harm with escalating levels of seriousness. Evidence of similar transactions can be helpful and is necessary in some situations in prosecuting ordinance violations involving domestic violence.
(2) In prosecutions involving domestic violence in which the defendant and the victim named in the complaint have engaged in an intimate relationship as of the time alleged in the complaint, evidence of any other acts of domestic violence between the defendant and the victim constitutes other acts or transactions for the purposes of this section and the court may authorize the admission of evidence as provided in subsection (3) of this section.
(3) The proponent of evidence of other acts or transactions under this section shall advise the trial court by offer of proof of such evidence and shall specify whether the evidence is offered to show a common plan, scheme, design, identity, modus operandi, motive, or guilty knowledge or for some other purpose.
(4) Upon the offer of proof under subsection (3) of this section, the trial court shall determine whether the probative value of the evidence of similar acts or transactions is substantially outweighed by the danger of unfair prejudice to the defendant, confusion of the issues, or misleading the jury if the evidence is allowed or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
(5) Upon admitting evidence of other acts or transactions into evidence pursuant to this section and again in the general charge to the jury, the trial court shall direct the jury as to the limited purpose for which the evidence is admitted and for which the jury may consider it.
(e) Duties of the municipal court. Because of the serious nature of domestic violence, the court in domestic violence actions:
(1) Shall not dismiss any charge or delay arraignment or disposition because of concurrent dissolution or other judicial proceedings.
(2) Shall waive any requirement that the victim's location, residence and/or phone number(s) be disclosed to any other person unless such person shows the court by clear and convincing evidence that the possibility for further violence is slight and the victim's location, residence and/or phone number(s) is/are necessary for purposes of formulating an affirmative defense.
(3) Shall issue a mandatory restraining order against the defendant pursuant to paragraph (f) of this section and such other pretrial orders which accommodate the defendant's ability to acquire necessary information and personal belongings without subjecting the victim to the possibility of further violence.
(4) Shall arraign domestic violence cases on the next judicial day whenever possible, but in no case shall arraignment occur more than six (6) days after the date of the arrest.
(5) Shall give domestic violence cases priority on the docket.
(f) Mandatory restraining order against defendant:
(1) There is hereby created a mandatory restraining order against any person charged with any violation of domestic violence pursuant to this section, which order shall remain in effect from the time that the person is advised of such order at such person's arraignment or first court appearance before the court until final disposition of the action or until further order of the court. The provisions of the restraining order may be continued by the court after sentencing if the court deems such action reasonable and necessary. Such order shall restrain the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the act(s) charged. A copy of the restraining order issued pursuant to this section shall be provided to the protected party(ies) by the court.
(2) Upon motion of the prosecuting attorney, or on the court's motion to protect the alleged victim, the court may enter any of the following further orders against the defendant:
a. An order to vacate or stay away from the home of the victim and to stay away from any other location where the victim is likely to be found;
b. An order to refrain from contact or direct or indirect communication with the victim;
c. An order prohibiting possession or control of firearms or other weapons;
d. An order prohibiting possession or consumption of alcohol or controlled substances; and
e. Any other order the court deems appropriate to protect the safety of the alleged victim.
(3) At the time of the defendant's arraignment or first court appearance before the court, the court shall inform the defendant of the restraining order effective pursuant to this section and shall inform the defendant that a violation of such order is punishable by contempt and may result in further criminal charges. The court shall state the terms of the restraining order issued pursuant to this section, including any additional provisions added pursuant to subsection (2) of this section, to the defendant on the record and the court shall further require the defendant to acknowledge the restraining order as a condition of any bond for the release of the defendant. The court shall notify the alleged victim of the order if such person is not present at the time the restraining order is issued.
(4) The defendant, victim, or the prosecuting attorney may request a hearing before the court to modify the terms of a restraining order or to add terms to the restraining order issued pursuant to this section. Upon such a request, the court shall set a hearing and the court shall send notice of the hearing to the defendant and the victim. At the hearing, the court shall review the terms of the restraining order and any further orders entered and shall consider the modification(s) and/or proposed addition(s) requested by the defendant, victim, or prosecuting attorney. No modification(s) or addition(s) shall be made if the victim is not present at the hearing and notified of the modification(s) or addition(s) on the record, unless such modification(s) or addition(s) is/are necessary to comply with a conflicting county or district court order. Notice of an amended restraining order shall be made to the defendant in open court on the record. The victim shall be provided with a copy of the amended restraining order.
(5) Restraining orders and amended restraining orders issued against the defendant pursuant to this section shall be considered restraining orders in accordance with the provisions of C.R.S. § 18-1-1001, as existing or as hereafter amended.
(6) Any person failing to comply with any provision of a restraining order issued pursuant to this section commits the crime of violation of a restraining order and may be punished as provided in section 16-111 hereafter.
(g) Hold pending arraignment. Whenever the court finds a substantial likelihood that a defendant, if released from custody, would commit an additional act of violence against the victim or another family or household member which would cause serious bodily injury or death to either the victim or another family or household member, the court may order that the defendant be held without bond pending arraignment or advisement of rights regarding the alleged offense. If the court orders a hold pending arraignment, however, the defendant shall be arraigned for the alleged offense on the next judicial day. For purposes of deciding the propriety of a hold pending arraignment, the court should consider, among other evidence, the following:
(1) The nature and extent of the injuries sustained by the victim in the offense charged;
(2) The defendant's history of domestic violence against the victim or another family or household member or of violence against any person;
(3) Any records of any law enforcement agency regarding past contacts with the defendant, the victim, or another family or household member concerning domestic violence committed by the defendant; and
(4) Whether the information presented to the court, taken as a whole, indicates a pattern of escalation, either in frequency or severity, in domestic violence acts by the defendant.
(h) Appearance by the victim. Whenever a defendant receives a summons and complaint for a domestic violence violation, a police officer may serve the victim with a subpoena to appear at the same time and date scheduled for the defendant's arraignment. Such subpoena to appear shall be issued by the clerk of the municipal court and the officer who serves the subpoena shall complete the return of service and deliver it to the court. If the victim appears and the matter is not resolved by pretrial conference following the defendant's arraignment, the court may order the victim to appear at the date and time scheduled for the defendant's trial and the victim shall receive a copy of a notice to appear. The court shall exercise its contempt and equity powers to compel the appearance of victims which have been subpoenaed or otherwise ordered to appear.
(i) Service of orders. An order, summons and complaint, subpoena or other document issued pursuant to this section shall be personally served upon the appropriate party by the police department, sheriff, or private process server.
(1) Whenever necessary, a copy of the summons, subpoena or order shall be given to the appropriate law enforcement agency or private process server for service upon the appropriate party. If a sheriff or private process server requires fees for service or mileage, such fees shall be paid. Upon a conviction, the court shall assess such service fees against the defendant.
(2) If the police department, sheriff, or private process server cannot complete service within ten days or forty-eight (48) hours before the date and time of appearance, the police department, sheriff, or private process server shall notify the clerk of the court.
(3) Returns of service shall be made in accordance with the applicable rules of the court.
(Ord. No. 1989-811, § 1, 10-23-89; Ord. No. 1993-922, § 1, 3-22-93; Ord. No. 1995-998, §§ 1—4, 4-24-95; Ord. No. 1998-1148, § 1, 1-11-99; Ord. No. 1269, §§ 1-3, 10-28-02)
Sec. 16-111. Violation of restraining order.
(a) It shall be unlawful for any person to knowingly violate or fail to comply with the terms of a restraining order issued and entered by a municipal court judge pursuant to section 16-110(e) above.
(b) It shall be unlawful for any person to knowingly violate or fail to comply with the terms of a contact limitation order issued and entered by a municipal court judge pursuant to section 16-110(e) prior to April 24, 1995. This subsection shall be automatically repealed on April 24, 1996.
(c) Any sentence imposed for violation of a restraining order or contact limitation order shall run consecutively and not concurrently with any sentence imposed for any crime which gave rise to the issuing of the order.
(d) Nothing in this section shall be construed to alter or diminish the inherent authority of the court to enforce its orders through civil or criminal contempt proceedings.
(e) No person charged with a violation of any order pursuant to this sections shall be permitted, in the criminal action resulting from such charges, to collaterally attack the validity of the order which such person is accused of violating.
(Ord. No. 1989-811, § 2, 10-23-89; Ord. No. 1995-998, § 5, 4-24-95)
Sec. 16-112. Violation of bail bond conditions.
It shall be unlawful for a person to knowingly violate the conditions of the bail bond after release arising from an arrest for a violation of a municipal ordinance. Any such sentence for a violation of this section shall be served consecutively with any sentence for the violation on which the person is on bail.
(Ord. No. 1998-1150, § 1, 1-11-98)
Sec. 16-113. Sales and solicitation in certain places prohibited.
(a) It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or collect monies for same, from the occupant of any vehicle traveling upon any street or highway within the city when such solicitation or collection:
(1) Causes the person performing the activity to enter onto the traveled portion of a street or highway; or
(2) Involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions; or
(3) The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction.
(b) It shall be unlawful for any person to solicit or attempt to solicit employment, business, or contributions of any kind from the occupant of any vehicle on any highway included in the interstate system including any entrance to or exit from such highway.
(c) No person shall solicit on private property if the owner, tenant, or person in lawful control of the property has asked the person to leave or has asked the person to refrain from soliciting on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.
(d) No person shall solicit when either the solicitor or the person being solicited is located within twenty (20) feet of any automated teller machine. Provided, however, 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 facility.
(e) No person shall beg in any public parking lot or public parking structure to which the public or substantial number of the public has access.
(f) No person shall solicit within six (6) feet of an entrance to a building to which the public has access.
(g) No person shall solicit when the person being solicited is located within the patio or sidewalk area of a retail business establishment that serves food and/or beverages.
(h) No person shall solicit in a public place during the night.
(i) No person shall beg when either the solicitor or the person being solicited is located within twenty (20) feet of a public toilet.
(j) No person shall solicit when either the solicitor or the person being solicited is located within twenty (20) 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.
(k) No person shall solicit when the person being solicited is waiting in line for tickets, for entry into a building or for another purpose.
(l) The words and phrases used herein, unless the context otherwise indicates, shall have the following meaning:
(1) Automated teller machine shall mean a device, linked to financial institutions' account record which is able to carry out transactions, including, but not limited to account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
(2) Automated teller machine facility shall mean the area comprised of one (1) or more automatic teller machine and any adjacent space, which is made available to banking customers after regular banking hours.
(3) Financial institution shall mean any bank, industrial bank, credit union, or savings and loan as defined in Title 11 of the Colorado Revised Statutes.
(4) Night shall mean one-half hour after sunset until one-half hour before sunrise.
(5) Public place shall mean a place to which the public or a substantial number of the public has access, and includes but is not limited to any street, sidewalk, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground.
(6) Soliciting shall mean any solicitation made in person requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this section.
(7) Traveled portion of the street or highway shall mean that portion of the road normally used by moving motor vehicle traffic.
(Ord. No. 1342, § 1, 4-11-05)
Sec. 16-114. Aggressive solicitation prohibited.
No person shall engage in aggressive solicitation in any public place. Aggressive solicitation shall mean begging or soliciting accompanied by or followed immediately by one or more of the following:
(1) Intentionally continuing to solicit from a person after the person has given a negative response to such solicitation.
(2) Intentionally making any physical contact with or touching another person in the course of the solicitation without that person's consent.
(3) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting.
(4) Intentionally using violent or threatening gestures toward a person solicited which would cause a reasonable person to be fearful for his or her safety.
(5) Persisting in closely following behind or alongside, or walking immediately ahead of a person who has been solicited with the intent of asking that person for money or other things of value, after the person solicited has informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or anything of value to the solicitor.
(6) Intentionally using profane, threatening, or abusive language, either during the solicitation or following a refusal to make a donation, which tends to invite an immediate breach of peace.
(7) Approaching or following a person for solicitation as part of a group of two (2) or more persons, in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or damage or loss of property or otherwise to be intimidated into giving money or other things of value.