[Ord. 43-2018, passed 11-21-2018]
As used herein, the following words and terms shall have the
following meanings:
(a)
PANHANDLING — Any personal solicitation made in a public place
for an immediate donation of money or any other item of value. This
definition applies equally to all persons requesting donations, whether
the donation is intended to be used for the panhandler's personal
use or on behalf of a religious group or community service organization
or for any other reason. Panhandling shall include, but not be limited
to, using the spoken, written or printed word, bodily gestures, signs,
music, singing or other street performance with the purpose of obtaining
an immediate donation of money or other thing of value. Panhandling
shall also include exchanges in which the person being solicited receives
an item or thing of little or no monetary value in exchange for a
donation, under circumstances where a reasonable person would understand
that the transaction is in substance a donation. Panhandling does
not include passively standing or sitting with a sign or other indication
that one is seeking donations, without addressing any solicitation
to any specific person other than in response to an inquiry by that
person.
(b)
PANHANDLING IN AN AGGRESSIVE MANNER —
(1)
Following behind, ahead or alongside a person for more than
25 feet either before, during or after panhandling if that conduct
is intended or is likely to cause a reasonable person to fear bodily
harm to oneself or to another or damage to or loss of property or
otherwise be intimidated into giving money or other thing of value;
(2)
Continuing to panhandle from a person after that person has
given a negative response to such soliciting or walked away from the
panhandler;
(3)
Intentionally touching or causing physical contact with the
solicited person without such person's consent in the course
of panhandling; or
(4)
Using profane or abusive language or speaking in an unreasonably
loud volume, either during panhandling or following a refusal to make
a donation, or making any statement or gestures toward the subject
of the panhandling which would cause a reasonable person to be fearful
or feel compelled; or
(5)
Directing violent or threatening gestures toward the subject
of the panhandling.
(c)
PUBLIC PLACE — An area open to use by the general public, including,
but not limited to alleys, bridges, buildings, driveways, parking
lots, parks, plazas, sidewalks, and streets open to the general public,
and the doorways and entrances to buildings and dwellings, and the
grounds enclosing them.
(d)
HINDRANCE TO TRAFFIC —
(1)
Panhandling in any manner which serves to intentionally block,
obstruct, or interfere with orderly flow of either vehicles or pedestrians
is prohibited.
(2)
Panhandling in any manner which intentionally and unreasonably
causes a pedestrian or vehicle operator to take evasive action to
avoid physical contact is prohibited.
(3)
Panhandling in any manner that violates traffic regulations
for pedestrians or vehicles.
[Ord. 43-2018, passed 11-21-2018]
No person shall engage in an act of panhandling:
[Ord. 43-2018, passed 11-21-2018]
(a)
Any person violating any provision of this article shall, upon conviction
thereof in a summary proceeding, be sentenced for each violation to
pay a fine of not more than $600 and cost of prosecution and, in default
of the payment of such fine and cost, to undergo imprisonment for
not more than 30 days;
(b)
In addition to any other remedy provided in this article, the City
may institute proceedings to restrain any violation of, or to require
compliance with, this article.
