[Adopted 5-12-2020 by Ord. No. 1015]
As used in this article, certain terms are defined as follows:
A public or private sector provider that offers residential
and/or rehabilitative medical or social service assistance, including
but not limited to mental health treatment, drug or alcohol rehabilitations,
or homeless assistance services for individuals in need thereof. The
Board of Commissioners of the Township of Stowe shall have discretion,
used in good faith to help any individuals, to determine what service
providers constitute an eligible community outreach service provider
for purposes of this section.
The written assessment of an individual's mental health, the presence of drug and alcohol complications, or other medical or social service needs by visual analysis and/or verbal communication with the individual. Evaluation may be performed by either an outreach team evaluator or a law enforcement officer. An evaluation shall not serve to compel an individual to receive community outreach services nor shall an evaluation service serve to increase the penalty assessed as provided for in § 480-21, but the evaluation is intended to offer assistance to help any individual by making that person aware of the community outreach services that are available for any perceived needed treatment.
An individual counselor or group of counselors authorized
and designated by the Board of Commissioners of the Township of Stowe
to provide access to community outreach services for individuals with
mental health diagnoses and/or drug and alcohol complications, or
other medical or social service needs. The outreach team evaluator
shall make recommendations that an individual receive community outreach
services and may take reasonable steps toward directing the person
to the appropriate community outreach program service provider, including
but not limited to offering transportation to such provider. An outreach
team evaluator shall not have the authority to compel an individual
to receive community outreach services.
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.
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.
Any facility where people regularly assemble for religious
worship and any incidental religious education, which is maintained
and controlled by a religious body organized to sustain public worship.
This term does not include an elementary or secondary school, a specialty
or personal instruction school, or a college.
A.
Particular
places. The following places of panhandling are expressly prohibited,
at any time and any manner, because of the coercive nature of each:
(1)
Captive
audience areas.
(a)
Inside or within 45 feet of a sidewalk cafe or restaurant or any
outside eating or dining establishment or convenience store;
(b)
At or within 45 feet of a line of people waiting to gain admission
to a place or vehicle or waiting to purchase an item or admission
ticket;
(c)
At or within 25 feet of a food-dispensing street vendor;
(d)
At or within 25 feet of a bus stop; or
(e)
At or within 75 feet of the entrance to a place of religious assembly.
B.
Money
accepting or dispensing areas.
(1)
It
shall be unlawful to solicit money or other things of value if the
person making the solicitation knows or reasonably should know that
the solicitation is occurring within 75 feet in any direction of a
parking pay station or an automated teller machine, including within
75 feet in any direction of any entrance or exit to a building containing
an automated teller machine that is visible from the street.
(2)
Particular
manners. The following manners of panhandling are expressly prohibited,
at any time and any manner, because of the coercive nature of each:
(a)
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. This includes panhandling in, on, or at the
entrances, exits, and/or ends of any bridges or tunnels given the
confined area of transient space in traveling or walking through these
areas.
[3]
Panhandling in any manner that violates traffic regulations for pedestrians
or vehicles.
(b)
Aggressive panhandling. Panhandling in an aggressive manner is prohibited.
"Aggressive panhandling" shall be defined as:
[1]
Approaching or speaking to a person, or following a person 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 any other thing of value;
[2]
Intentionally touching or causing physical contact with another person
without that person' s consent in the course of panhandling;
[3]
Directing violent or threatening gestures toward the subject of the
panhandling; or
[4]
Approaching or speaking to a person which would reasonable be felt
to be done in a continual persistent and unruly manner.
A.
First violation: Upon the first violation of § 480-20A or B, the person accused of the violation shall be issued a written and/ or verbal warning, which shall serve as an initial warning to cease the solicitation and/or panhandling, and the law enforcement officer issuing the citation shall thereafter provide an explanation of the voluntary option to have a consensual on-site evaluation performed. If the accused requests such a consensual evaluation, the law enforcement officer shall either request an outreach team evaluator to make an on-site evaluation or offer immediate referral and directions to an appropriate community outreach services for the individual to receive any appropriate treatment.
(1)
If
the accused requests a consensual evaluation, the outreach team evaluator,
if available, shall make an evaluation of the person issued a warning
ticket under this section.
(2)
In
conjunction with any consensual evaluation, the outreach team evaluator
or police officer shall offer immediate referral and directions to
an appropriate community outreach services program. The law enforcement
officer shall not be involved in any transport or have any responsibilities
pertaining to an accused's participation in any such community outreach
services program.
B.
Second violation: Upon a second violation of § 480-20A or B, the person accused of the violation shall be issued a written citation, including a summons to appear before a court of proper jurisdiction for disposition of the case, and the law enforcement officer issuing the citation shall thereafter provide an explanation of the voluntary option to have a consensual evaluation with appropriate community outreach service programs.
(1)
If
the accused requests a consensual evaluation, the outreach team evaluator,
if available, shall make a written evaluation of the person issued
the citation under this section, wherein such written evaluation shall
be provided to the accused and to the prosecutor prosecuting the violation.
(2)
In
conjunction with any consensual evaluation, the outreach team evaluator
or police officer shall offer immediate referral and directions to
the appropriate community outreach service programs.
(3)
The
law enforcement officer shall not be involved in any transport or
have any responsibilities pertaining to an accused's participation
in any such community outreach services program.
C.
Upon conviction for a second violation of § 480-20A or B, the violator may be fined $50, plus costs, and/or be sentenced to perform up to 100 hours of community service. The prosecutor shall have discretion to consider the evaluation report in determining whether to maintain charges against the violator, and the court may consider this evaluation report in determining the appropriate sentence. If the violator is sentenced to perform community service and fails to complete the sentence, the violator may be subject to imprisonment for not more than 30 days.
D.
Third
violation and subsequent violations.
(1)
Upon a third violation and subsequent violations of § 480-20A or B, the person accused of the violation shall be issued a written citation, including a summons to appear before a court of proper jurisdiction for disposition of the case, and the law enforcement officer issuing the citation shall thereafter provide an explanation of the voluntary option to have a consensual on-site evaluation performed. If the accused requests such a consensual evaluation, the law enforcement officer shall request an outreach team evaluator to make an on-site evaluation.
(2)
If
the accused requests a consensual evaluation, the outreach team evaluator,
if available, shall make a written evaluation of the person issued
a citation under this section, wherein such written evaluation shall
be forwarded to the accused and to the prosecutor prosecuting the
violation. In conjunction with any consensual evaluation, the outreach
team evaluator or police officer shall offer immediate referral and
directions to an appropriate community outreach services program.
The law enforcement officer shall not be involved in any transport
or have any responsibilities pertaining to an accused's participation
in any such community outreach services program.
E.
Upon conviction
for a third offense and the subsequent offenses, the violator may
be sentenced to one or more of the following: direction to a community
outreach service program; the performance of up to 100 hours of community
service; a monetary fine not to exceed $300, plus costs, and/or imprisonment
for not more than 30 days.
(1)
The
prosecutor shall have discretion to consider the law enforcement or
outreach team evaluator's report in determining whether to maintain
charges against a violator, and the court may consider this report
in determining the appropriate sentence. The court should consider
completion of a community outreach service program in determining
the appropriate sentence. If a violator is sentenced to perform community
service and fails to complete the sentence, the violator may be subject
to imprisonment for not more than 30 days.
F.
Penalties
for aggressive panhandling.
(1)
Upon
the first conviction for a violation of § 480 20B(2), relating
to aggressive panhandling, the violator may be sentenced to one or
more of the following: direction to a community outreach service program;
the performance of up to 100 hours of community service; a monetary
fine of not more than $100, plus costs; and/or imprisonment for not
more than 30 days. If a violator is sentenced to perform community
service and fails to complete the sentence, the violator may be subject
to imprisonment for not more than 30 days.
(2)
Upon
conviction for a second violation and each subsequent violation of § 480
20B(2), relating to aggressive panhandling, the violator may be sentenced
to one or more of the following: the performance of up to 100 hours
of community service; a monetary fine of $300, plus costs; and/or
imprisonment for not less than 30 or more than 90 days. If a violator
is sentenced to perform community service and fails to complete the
sentence, the violator may be subject to imprisonment for not less
than 30 or more than 90 days.
(3)
To
the extent permitted by state law, information regarding citations
issued pursuant to this article shall only be kept in Stowe Township
files and database. To the extent permitted by state law, records
related to persons to whom a citation has been issued pursuant to
this article shall be automatically expunged one year after the issuance
of said citation.
