[Adopted 4-10-1996 (Title 8, Ch. 8.28, of the 1986 Code)]
The purpose of this article is to regulate certain behavior
to preserve the public order, to protect the citizens of the City
of Springfield and to ensure the safe and uninterrupted passage of
both pedestrian and vehicular traffic, without unconstitutionally
impinging upon protected speech, expression, or conduct.
For the purpose of this article, the following words, terms,
and phrases shall have the following meanings:
To do any of the following:
Approach, speak to, or follow a person in a manner as would
cause a reasonable person to fear bodily harm or the commission of
a criminal act upon the person, or upon property in the person's
immediate possession; or
Touch another person without that person's consent in the
course of asking for alms; or
Continue to ask, beg, or solicit alms from a person after the
person has made a negative response; or
Follow the person solicited before, after, or while asking,
begging, or soliciting alms; or
Intentionally block or interfere with the safe or free passage
of a person or vehicle by any means, including unreasonably causing
a person or driver of a vehicle to take evasive action to avoid physical
contact; or
Direct abusive or profane language toward the person solicited,
either while asking, begging, or soliciting alms, or following a refusal
by the person solicited.
Includes the spoken, written, or printed words or such other
act conducted for the purpose of obtaining an immediate donation of
money or thing of value.
Includes, but is not limited to, the asking, begging, or
soliciting of alms, including money and other things of value, through
utilization of any of the following representations:
Stating or expressing 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; or
Stating or expressing that the donation is needed to meet a
need that does not exist; or
Stating that the solicitor is from out of town and stranded
when that is not true; or
Wearing or displaying an indication of physical disability,
when the solicitor does not suffer the disability indicated; or
Using any makeup or device to simulate deformity.
Anyone who asks, begs, or solicits alms, including money
and other things of value.
A.
No person may ask, beg, or solicit alms, including money and other
things of value, in an aggressive manner in any place open to the
general public, including sidewalks, streets, alleys, driveways, parking
lots, parks, plazas, buildings, doorways and entrances to buildings,
and gasoline service stations and the grounds enclosing buildings.
B.
No person may ask, beg, or solicit alms, including money and other
things of value, in a false or misleading manner.
C.
No person may ask, beg, or solicit alms in any public transportation
vehicle or within 25 feet of any bus or train station stop.
D.
No person may ask, beg, or solicit alms within 25 feet of any automatic
teller machine (ATM) or bank.
E.
No person may ask, beg, or solicit alms from any operator or occupant
of a motor vehicle that is in traffic on a public street.
No provision of this article shall be interpreted or constructed
to prohibit speech, expression, or conduct protected by the laws of
the United States or the Commonwealth of Massachusetts.
A.
Criminal disposition. Any person who violates a provision of this
article is guilty of a separate offense for each day during which
the violation is committed, continued, or permitted. Each offense,
upon conviction, is punishable by a fine of $50.
B.
Noncriminal disposition. Any person who violates any provision of this article may be penalized by a noncriminal disposition as provided for under § 1-25. The Police Department shall enforce this article. The penalty for each violation shall be $50 for each day or part of a day during which the violation is committed, continued, or permitted.
