[Adopted 1-20-2015 by Ord. No. 12-2015]
This article is adopted in order to protect persons from threatening,
intimidating or harassing behavior, to keep public places safe and
attractive for use by all members of the community and to maintain
and preserve public places where all of the community can interact
in a peaceful manner. This legislation is also intended to provide
for the free flow of pedestrian and vehicular traffic on streets and
sidewalks in the City, to promote tourism and business and preserve
the quality of urban life. The City Council finds that aggressive
acts associated with solicitation tend to interfere with the free
flow of pedestrian and vehicular traffic and intimidate persons in
public places, and can lead to disruption and disorder in public places.
Aggressive acts can also cause persons to avoid public places and
lead to declining patronage of commercial establishments and tourism.
The City Council further finds that solicitation in certain public
places is inconsistent with the use of those places, is inherently
intimidating, targets persons who are captive audiences or constitutes
an invasion of privacy as persons are not able to simply move on if
they do not wish to speak to the person soliciting. Solicitation in
proximity to transportation centers, municipal parking facilities,
bank entrances, check-cashing businesses, automated teller machines
or other automated devices where a person is required to make a payment
by any means is inherently intimidating and should be restricted.
By this legislation, the Council intends to promote the health, safety
and welfare of the citizens and visitors to the City.
A.
Term defined.
(1)
As used in this section, "panhandling" means any solicitation made
in person upon any street, public place or park in the City in which
a person requests an immediate donation of money or other gratuity
from another person, and includes but is not limited to seeking donations:
(a)
By vocal appeal or for music, singing, or other street performance;
and
(b)
Where the person being solicited receives an item 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.
(2)
However, panhandling shall not include the act of passively standing
or sitting or performing music, singing or other street performance
with a sign or other indication that a donation is being sought, without
any vocal request other than in response to an inquiry by another
person.
B.
It shall be unlawful to engage in an act of panhandling when either
the panhandler or the person being solicited is located at any of
the following locations: at a bus stop; in any public transportation
vehicle or public transportation facility; in a vehicle which is parked
or stopped on a public street or alley; in a sidewalk cafe; or within
20 feet in any direction from an automatic teller machine or entrance
to a bank.
C.
It shall be unlawful to engage in an act of panhandling in an aggressive
manner, including any of the following actions:
(1)
Touching the solicited person without the solicited person's
consent;
(2)
Panhandling a person while such person is standing in line and waiting
to be admitted to a commercial establishment;
(3)
Blocking the path of a person being solicited, or the entrance to
any building or vehicle;
(4)
Following behind, ahead or alongside a person who walks away from
the panhandler after being solicited;
(5)
Using profane or abusive language, either during the solicitation
or following a refusal to make a donation, or making any statement
gesture, or other communication which would cause a reasonable person
to be fearful or feel compelled; or
(6)
Panhandling in a group of two or more persons.
D.
Each act of panhandling prohibited by this section shall constitute
a public nuisance and a separate violation of this Code. Each violation
shall be punishable as provided in this article, and the court may
enjoin any such violator from committing further violations of this
section.
An offense against the provisions of this article shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
