[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 10-24-2017 by L.L. No. 3-2017. Amendments noted where applicable.]
It is the purpose of this chapter to regulate panhandling in order to promote the health, safety, peace, and general welfare of the citizens and visitors of the Village of Endicott.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- AUTOMATED TELLER MACHINE (ATM)
- 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.
- To walk, stand, sit, or lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or driver of a vehicle to take evasive action to avoid physical contact.
- Any person engaged in the act of panhandling.
- Is any solicitation made in person, requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is, in substance, a donation for the purpose of this chapter. Offers to work for food or other compensation under circumstances where a reasonable person would understand that the compensation given is, in substance, a donation, is also a donation for the purpose of this chapter.
- PUBLIC STREETS, SIDEWALKS, AND PARKING LOTS
- Any street, sidewalk and parking lot on which people may freely assemble, interact, and move about.
- PUBLIC TRANSPORTATION VEHICLE
- Any vehicle used as a mode of mass transit.
It shall be unlawful for any person to panhandle when solicited in the following places within the Village limits of Endicott, New York:
At any bus stop; or
In any public transportation vehicle or facility; or
In any vehicle on a street or a driveway providing ingress to a street where such driveway is open to the general public; or
Within 50 feet of any automated teller machine (ATM); or
On private property, unless the panhandler is in physical possession of written permission from the owner or lawful occupant thereof.
On public streets, walkways, and parking lots, unless the panhandler is in physical possession of a panhandler's permit, obtained at the Village of Endicott Clerk's Office.
This chapter shall not apply to sales in a residence when the person has a permanent residence within the Village of Endicott limits, and shall not apply to door-to-door sales by civic groups, churches, Girl or Boy Scouts, Rotary clubs, Lions Clubs, Kiwanis and like civic-minded groups, nor to garage and lawn sales and any in-store promotions and sales. Further, the provisions of this chapter shall not apply to persons engaged in the sale of cosmetics, Tupperware, pots and pans and like items of personal property; provided, however, that such sales occur solely and exclusively within a residence by permission of the owner hereof. It is the intent of this section to except persons who sell Avon products, Tupperware, MaryKay cosmetics, or similar products and like groups that conduct sales of goods in residences with permission of the owner hereof.
It shall be unlawful for any person to panhandle in any of the following manners:
By intentionally coming within three feet of the person solicited, unless that person has indicated that he or she does wish to make a donation; or
By intentionally obstructing the path of the person or vehicle of the person solicited; or
By intentionally obstructing the path of the passage through the entrance or exit of any building; or
By soliciting anyone under the age of 16; or
By following a person who walks away from the panhandler, if the panhandler's conduct is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or
By using profane or abusive language, either during the solicitation or following a refusal.
Any person found to be in violation of this chapter shall be guilty of a violation, penalty for conviction of which shall be community service in the Village of Endicott of not more than 500 hours and/or a fine of not more than $1,000 and/or imprisonment of not more than 90 days.
If any one or more sections, subsections, or sentences of this chapter are held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portion of this chapter, and the same shall remain in full force and effect.
This local law shall take effect immediately.