For the purpose of this chapter, the following terms shall be
defined as set forth below:
PANHANDLER
An individual engaged in the act of panhandling.
PANHANDLING
Any personal solicitation made in a public place for a donation
of money or any other item of value, regardless of whether the donation
is intended for the panhandler's own personal use or made on
behalf of another individual, a religious group, or a community service
organization.
A.
PASSIVE PANHANDLINGPassively engaging in panhandling by standing or sitting with a sign or otherwise indicating that donations are sought without verbally or physically approaching and/or initiating any solicitation requests. By way of example only, soliciting monetary donations for a nonprofit organization by carrying or holding signs would constitute passive panhandling.
B.
(1)
Following behind, ahead or alongside a person for more than
25 feet in the course of engaging in panhandling behavior;
(2)
Continuing to direct panhandling behavior toward a specific
individual after such individual has provided a negative response
to the panhandler, whether verbally or nonverbally, including, but
not limited to, walking away from the panhandler;
(3)
Intentionally or recklessly touching or causing nonconsensual
physical contact while engaging in panhandling behavior;
(4)
Intentionally blocking or interfering with the safe or free
passage of a person or vehicle while engaging in panhandling behavior,
including, but not limited to, unreasonably causing a person or vehicle
operator to take evasive action to avoid physical contact;
(5)
Using profane or abusive language, speaking in an unreasonably
loud volume, or making any statement or gestures that would cause
a reasonable person to be fearful, while engaging in panhandling behavior
or following a refusal to the panhandler; and/or
(6)
Engaging in panhandling behavior with an individual who is waiting
to enter a building.
PUBLIC AREA
An area open for 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.
The following conduct is prohibited at all times:
A. Panhandling on private or residential property without the express
permission from the owner or lawful occupant of such property.
C. Panhandling within 25 feet of an automated teller machine, including
within 25 feet of an entrance or exit to a building containing an
automated teller machine.
D. Panhandling in any manner that blocks, obstructs, or interferes with
the orderly flow of vehicles or pedestrians.
E. Panhandling in any manner that causes a pedestrian or vehicle operator
to take evasive action to avoid physical contact.
F. Panhandling in any manner that violates traffic regulations for pedestrians
or vehicles.
G. Panhandling, other than passive panhandling, between sunset and sunrise.
This chapter shall be enforced by the Exeter Township Police
Department.