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.
OBSTRUCTING
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.
PANHANDLER
Any person engaged in the act of panhandling.
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.
It shall be unlawful for any person to panhandle in any of the
following manners:
A. 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
B. By intentionally obstructing the path of the person or vehicle of
the person solicited; or
C. By intentionally obstructing the path of the passage through the
entrance or exit of any building; or
D. By soliciting anyone under the age of 16; or
E. 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
F. 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.