Village of Patchogue, NY Aggressive Panhandling

Legislative intent. 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 article is also intended to provide for the free flow of pedestrian and vehicular traffic on streets and sidewalks in the Village, to promote tourism and business and preserve the quality of Village life. The Board of Trustees 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 Board of Trustees 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 bank entrances, automated teller machines, and parking meters is inherently intimidating and should be restricted. By this legislation, the Board of Trustees intends to promote the health, safety and welfare of the citizens and visitors to the Village.

Definitions. Whenever the following words and phrases are used in this article, they shall have the following meanings:

AGGRESSIVE MANNER

(1)

Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation, or approaching within an arm's length of the person, except with the person's consent;

(2)

Following the person being solicited, if that conduct is:

(a)

Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

(b)

Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

(3)

Continuing to solicit within five feet of the person being solicited after the person has made a negative response, if continuing the solicitation is:

(a)

Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession: or

(b)

Is intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation;

(4)

Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation;

(5)

Intentionally or recklessly using words:

(a)

Intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

(b)

Intended or likely to intimidate the person into responding affirmatively to the solicitation; or

(6)

Approaching the person being solicited in a manner that is:

(a)

Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

(b)

Intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation.

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 automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

BANKING ORGANIZATION

All banks, trust companies, private bankers, savings banks, industrial banks, safe deposit companies, savings and loan associations, credit unions and investment companies as defined in § 2 of the New York State Banking Law.

PARKING METER

A parking meter or parking pay station as defined in § 415-21 of the Village Code.

PARKING STATION

A municipal parking lot as defined in § 415-32 of the Village Code.

PUBLIC PLACE

Any area or building owned, leased, operated or controlled by or on behalf of any government, municipality, public authority or public corporation in the Village which is generally accessible by the public, including but not limited to any street, including the sidewalk portion thereof, bridge, park, playground, recreation area, cemetery, school or school grounds, library, building, facility, driveway, parking lot or parking garage, and the doorways and entrances to buildings and dwellings.

SOLICIT

Includes, without limitation, the spoken, written, or printed word or such other acts or bodily gestures as are conducted in furtherance of the purposes of immediately obtaining money or any other thing of value.