City of Butler, PA Article IV Panhandling

[Adopted 6-25-2009 by Ord. No. 1617]

§ 192-11 Definitions.

As used in this article, the following terms shall have the meanings indicated:

PANHANDLING

Any solicitation made in person requesting an immediate donation of money, 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 chapter. Panhandling does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person.

§ 192-12 Time of panhandling.

Any person who panhandles after sunset or before sunrise is guilty of a summary offense.

§ 192-13 Place of panhandling.

Any person who panhandles when the person solicited is in any of the following places is guilty of a summary offense:

A. At any bus stop or train stop;

B. In any public transportation vehicle or facility;

C. In any vehicle on the street; or

D. On private property, unless the panhandler has permission from the owner or occupant.

§ 192-14 Manner of panhandling.

Any person who panhandles in any of the following manners is guilty of a summary offense:

A. By coming within three feet of the person solicited, until that person has indicated that he does wish to make a donation;

B. By blocking the path of the person solicited along a sidewalk or street;

C. By following a person who walks away from the panhandler;

D. By using profane or abusive language, either during the solicitation or following a refusal;

E. By panhandling in a group of two or more persons; or

F. By any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat.

§ 192-15 False or misleading solicitation.

A. Any person who knowingly makes any false or misleading representation in the course of soliciting a donation is guilty of a summary offense. False or misleading representations include, but are not limited to, the following:

(1) Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;

(2) Stating that the donation is needed to meet a need which does not exist;

(3) Stating that the solicitor is from out of town and stranded, when that is not true;

(4) Wearing a military uniform or other indication of military service, when the solicitor is neither a present nor former member of the service indicated;

(5) Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated;

(6) Use of any makeup or device to simulate any deformity; or

(7) Stating that the solicitor is homeless, when the solicitor is not.

B. Any person who solicits a donation stating that the funds are needed for a specific purpose and then spends the funds received for a different purpose is guilty of a summary offense.

C. This article establishes a single offense. Evidence, which establishes beyond a reasonable doubt that the defendant violated this article, is sufficient for conviction and the prosecutor need not establish which subdivision was violated.