As used in this chapter, the following words and terms shall
have the following meanings:
AUTOMATED TELLER MACHINE
A device, linked to a financial institution's account
records, which is able to carry out transactions, including but not
limited to account transfers, deposits, cash withdrawals, balance
inquiries, and mortgage and loan payments.
AUTOMATED TELLER MACHINE FACILITY
The area comprised of one or more automatic teller machines
and any adjacent space which is made available to banking customers
after regular banking hours.
CHECK CASHING BUSINESS
Any entity duly licensed by the Pennsylvania Department of
Banking to engage in the business of cashing checks, drafts, or money
orders for consideration pursuant to the Check Casher Licensing Act,
Act of February 18, 1998, P.L. 146, as amended, 63 P.S. § 2301
et seq.
FINANCIAL INSTITUTION
Any entity authorized to engage in the business of receiving
money for deposit or transmission pursuant to Section 105 of the Pennsylvania
Banking Code, Act of November 30, 1965, P.L. 847, as amended, 7 P.S.
§ 105.
OUTDOOR CAFE
A use characterized by outdoor table service of food or beverages
prepared for service in a structure located adjacent, attached or
in close proximity thereto for consumption on the premises.
PANHANDLING IN AN AGGRESSIVE MANNER
A.
Following behind, ahead or alongside a person for more than
50 feet either before, during or after soliciting if that conduct
is intended or is likely to cause a reasonable person to fear bodily
harm to oneself or to another or damage to or loss of property or
otherwise be intimidated into giving money or other thing of value;
B.
Continuing to solicit from a person after that person has given
a negative response to such soliciting or walked away from the solicitor;
C.
Intentionally touching or causing physical contact with the
solicited person without such person's consent:
D.
Intentionally blocking or interfering with the safe or free
passage of a person or vehicle being solicited by any means, including
unreasonably causing a person or vehicle operator to take evasive
action to avoid physical contact;
E.
Using profane or abusive language or speaking in an unreasonably
loud volume, either during the solicitation or following a refusal
to make a donation, or making any statement or gestures toward a solicited
person which would cause a reasonable person to be fearful or feel
compelled; or
F.
Soliciting from a person while that person is waiting in line
for entry to a building or for another purpose.
PANHANDLING, SOLICITING and BEGGING
"Panhandling," "soliciting" and "begging" shall be used interchangeably
in this chapter and shall mean asking or soliciting in person for
an immediate donation of money or objects of value, with the intention
that the money or object be transferred at that time and at that place,
for charity or personal gain. "Panhandling" shall include, but not
be limited to, using the spoken, written or printed word, bodily gestures,
signs, music, singing or other street performance with the purpose
of obtaining an immediate donation of money or other thing of value.
"Panhandling" shall also include exchanges in which the person being
solicited receives an item or thing of little or no monetary value
in exchange for a donation, under circumstances where a reasonable
person would understand that the transaction is in substance a donation.
PUBLIC PLACE
A place to which the public or a substantial group of persons
has access, including but not limited to any street, highway, sidewalk,
parking facility, plaza, transportation facility, school, place of
amusement, park or playground, and any doorway, entrance, hallway,
lobby or other portion of any business establishment, apartment house
or hotel not constituting a room or apartment designed for actual
residence.
PUBLIC TOILET
Any "porta potty" located on public property or any rest
room facilities located within any public park or swimming pool which
are intended for use by the general public.
PUBLIC TRANSPORTATION VEHICLE
Any vehicle, including a trailer bus, designed, used or maintained
for carrying 10 or more persons, including the driver, or a passenger
vehicle designed for carrying fewer than 10 persons, including the
driver, and used to carry passengers for hire.
SIDEWALK CAFE
A use located on a public sidewalk which is located adjacent
to a full service restaurant where food and beverages are prepared,
served and sold and are delivered for consumption on the sidewalk.
It is characterized by the presence of tables and chairs and may be
shaded by canopies, awnings or umbrellas. It shall also include the
public right-of-way connecting the main restaurant to the sidewalk
cafe.
No person shall engage in an act of panhandling, solicitation
or begging:
A. In an aggressive manner in any public place within the City.
B. On private or residential property without permission from the owner
or other person lawfully in possession of such property.
C. Within 20 feet of public toilets.
D. Within 20 feet of an entrance to or exit from any financial institution,
check cashing business or automated teller machine without the consent
of the owner of the property or another person legally in possession
of such facilities; 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. With an operator or occupant of a motor vehicle while such vehicle
is located on any public street, for the purpose of the sale of goods
or offering to perform a service in connection with such vehicle,
or in exchange for blocking, occupying or otherwise reserving a public
parking space or directing the operator or occupant to a public parking
space; provided, however, that this subsection shall not apply to
services being offered in connection with emergency repairs requested
by the operator or occupant of such vehicle.
F. In any public transportation vehicle, stop or facility or in any
public parking lot or facility.
G. Within 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.
H. Within 20 feet of the outside perimeter of any restaurant or other
establishment serving food or alcoholic beverage for immediate consumption,
outdoor cafe or sidewalk cafe, licensed sidewalk food vendor, or store
licensed for package sales of alcoholic beverages by the Pennsylvania
Liquor Control Board, unless expressly authorized by the owner, manager,
or supervisor of the establishment.
Any person who violates the provisions of this chapter shall be subject to Chapter
3-399, Penalty, of these Codified Ordinances.