As used in this article, the following terms shall have the
meanings indicated:
AGGRESSIVE PANHANDLING
To accost and beg from persons in a public place and shall
include the conduct of begging which harasses, menaces, intimidates,
impedes traffic or otherwise causes harm. Aggressive panhandling shall
not include the act of passively standing, sitting, or performing
music, singing, or other performance with a sign or other indication
that a donation is being sought without any vocal request other than
in response to an inquiry by another person.
It shall be unlawful for any person to engage in an act of aggressive
panhandling at any time, including any of the following actions:
A. Touching the solicited person without the solicited person's consent.
B. Panhandling a person while such person is waiting to be admitted
to a commercial establishment.
C. Blocking the path of a person being solicited or the entrance to
any building or vehicle.
D. Following behind, ahead or alongside a person who walks away from
the panhandler after being solicited.
E. Using profane or abusive language, either during the solicitation
or following a refusal to make a donation, or making any statement,
gesture, or other communication that would cause a reasonable person
to fear for his or her safety or feel compelled to donate.
F. Panhandling in a group of two or more persons
G. Continuing vocally to solicit from a person after receiving a negative
response.
Any person who violates any of the provisions of §
83-11 shall be subject to a fine not less than $30 nor more than $300, or by imprisonment not exceeding 30 days, or both. Any violation of any of the provisions of §
83-11 shall constitute a separate offense. A violation of §
83-11 shall constitute a misdemeanor.