[Added 10-5-2009 by Ord. No. 57.91.09]
A.Â
The Common Council of the City of Albany recognizes a constitutional
right to beg or solicit in a peaceful and nonthreatening manner. The
Council finds, however, that an increase in aggressive solicitation
within the City has become disturbing and disruptive to residents
and businesses and has contributed not only to the loss of access
to and enjoyment of public places, but also to an enhanced sense of
fear, intimidation and disorder.
B.Â
Aggressive panhandling usually includes approaching or following
pedestrians, the use of abusive language, unwanted physical contact,
or the intentional blocking of pedestrian and vehicular traffic. The
Council further finds that the presence of individuals who solicit
money from persons at or near banks or automated teller machines is
especially troublesome.
C.Â
This article is timely and appropriate because current laws are insufficient
to address the aforementioned problems. The restrictions contained
herein are neither overbroad nor vague and are narrowly tailored to
serve a substantial government interest. Furthermore, in enacting
this legislation, the Council recognizes the availability of community
service and other sentencing alternatives, which may be appropriate
remedies for violations of this law.
D.Â
The law is not intended to limit any persons from exercising their
constitutional right to solicit funds, picket, protest or engage in
other constitutionally protected activity. Its goal is instead to
protect citizens from the fear and intimidation accompanying certain
kinds of solicitation that have become an unwelcome and overwhelming
presence in the City.
For the purposes of this article, the following terms shall
have the following meanings unless the context clearly requires otherwise:
Approaching or speaking to a person, or following a person,
before, during or after soliciting, asking or begging, if that conduct
is intended or is likely to cause a reasonable person to:
Fear bodily harm to oneself or to another, damage to or loss
of property or the commission of any offense as defined in § 10.00
of the Penal Law upon oneself or another; or
Otherwise be intimitaded into giving money or other thing of
value; or
Suffer unreasonable inconvenience, annoyance or alarm.
Intentionally touching or causing physical contact with another
person or an occupied vehicle without that person's consent in the
course of soliciting, asking or begging;
Intentionally blocking or interfering with the safe or free
passage of a pedestrian or vehicle by any means, including unreasonably
causing a pedestrian or vehicle to take evasive action to avoid physical
contact; or
Using violent or threatening gestures toward a person solicited.
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.
The area comprised of one or more automated teller machines,
and any adjacent space which is made available to banking customers
after regular business hours.
Any banking organization as defined in § 2 of the
New York State Banking Law which has as its purpose or among its purposes
the receipt of deposits.
Any person duly licensed by the New York State Superintendent
of Banks to engage in the business of cashing checks, drafts or money
orders for consideration pursuant to provisions of Article IX-A of
the New York State Banking Law.
A place to which the public or a substantial group of persons
has access, including, but not limited to, any sidewalk, street, highway,
right-of-way, parking lot, plaza, transportation facility, school,
place of amusement, park or playground, as well as any hallway, lobby
or other portion of an apartment house or hotel not constituting a
room or apartment designed for actual residence.
Includes using the spoken, written, or printed word, or bodily
gestures, signs or other means with the purpose of obtaining an immediate
donation of money or other thing of value or soliciting the sale of
goods or services.
A.Â
No person shall solicit, ask or beg in an aggressive manner in any
public place.
B.Â
No person shall solicit, ask or beg within 10 feet of any entrance
or exit of any bank or check cashing business during its business
hours or within 10 feet of any automated teller machine during the
time it is available for customers' use; 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 automated teller machine facility; provided further
that no person shall solicit, ask or beg within an automated teller
machine facility where a reasonable person would or should know that
he or she does not have permission to do so from the owner or other
person lawfully in possession of such facility. Nothing in this subsection
shall be construed to prohibit the lawful vending of goods and services
within such areas.
C.Â
No person shall approach an operator or other occupant of a motor
vehicle while such vehicle is located on any street to solicit, ask
or beg, or for the purpose of either performing or offering to perform
a service in connection with such vehicle or otherwise soliciting
the sale of goods or services, if such approaching, performing, offering
or soliciting is done in an aggressive manner as defined in this article;
provided, however, that this subsection shall not apply to services
rendered in connection with the lawful towing of such vehicle or in
connection with emergency repairs requested by the operator or other
occupant of such vehicle.
The provisions of this article shall not apply to any unenclosed
automated teller machine located within any building, structure or
space whose primary purpose or function is unrelated to banking activities,
including but not limited to supermarkets and school buildings, provided
that such automated teller machine shall be available for use only
during the regular hours of operation of the building, structure or
space in which such machine is located.
Any violation of the provisions of this article shall be punishable
by a fine which shall not exceed $100 in amount or imprisonment for
not more than 15 days, or both, or appropriate community service alternatives.
If any provision of this article or the application thereof
to any person or circumstance is held invalid, the remainder of this
article and the application of such provision to other persons or
circumstances shall not be rendered invalid thereby.
