[Ord. of 5-12-2014]
The purpose of this ordinance is to preserve all persons'
right to be free from harassing, disruptive, obstructive and/or intimidating
behavior by individuals engaged in panhandling or begging to maintain
and protect the physical safety and well-being of the public and to
foster a safe and harassment-free climate in public places within
the Town of New Milford by curtailing such behavior.
[Ord. of 5-12-2014]
As used in this chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended.
Aggressive panhandling — means:
(a)
To beg in a manner intended to threaten, intimidate or coerce another
person into giving money or goods or a favor.
(b)
To beg in a manner which a reasonably prudent individual would perceive
as threatening, intimidating, obstructive of free passage or coercive.
(c)
To beg in a manner intended to obstruct or which, regardless of intent,
actually obstructs pedestrian or vehicular traffic.
(d)
To beg in a manner which could deter a reasonably prudent individual
from passing through or remaining in or near any thoroughfare, doorway
or public place because of fear, concern, contact or apprehension
caused by such behavior.
Obstruct pedestrian or vehicular traffic — means
to walk, stand, sit, lie or place an object in such a manner as to
block or obstruct free passage by another person or a vehicle, or
to require another person or a driver of a vehicle to take evasive
action to avoid physical contact or to circumvent such obstruction.
Panhandling and begging shall be considered
synonymous and means conduct by which a person demands or asks for
money or goods or a favor or favors as a charity or gift, or for payment
of an unrequested service, whether such conduct is through words,
actions, bodily gesture, signs or other means.
Public place — means an area
open to or traversable by the general public, including sidewalks,
streets, alleys, driveways, parking lots, parks, plazas, buildings
and doorways and entrances to buildings.
Public transportation vehicle — means
any bus, taxi or train available for use by the general public.
[Ord. of 5-12-2014]
The following activities and conduct are prohibited, and any
violation shall be conduct that violates the provisions of this section:
(a)
No person may engage in aggressive panhandling in any public place
within the Town of New Milford. To constitute a violation of this
subsection, the violator's conduct must be such that it exhibits
a specific intention to threaten, intimidate or coerce the recipient
to comply with the violator's request or demand for money or
goods or a favor on behalf of the violator or some third person.
(b)
No person may engage in panhandling or begging in any public transportation
vehicle or within 25 feet of any bus or train station or stop.
(c)
No person may engage in panhandling or begging on school grounds.
(d)
No person may engage in panhandling or begging within 25 feet of
any automatic teller machine.
(e)
No person may engage in panhandling or begging from the operator
or any occupant of a motor vehicle that is in traffic on a public
street or in such a manner as to obstruct free passage of any pedestrian
or vehicular traffic.
(f)
No person may engage in panhandling or begging so as to require patrons,
customers, clients or patients of any business to take evasive steps
to avoid physical contact with the violator while such patron is entering
or exiting any place of business.
[Ord. of 5-12-2014]
No provision of this chapter shall be interpreted or construed
to prohibit speech, expression or conduct protected by the laws or
constitutions of the United States or of the State of Connecticut.
[Ord. of 5-12-2014]
Penalty for violation. Any person violating this section shall
be fined not more than $250.
