[Ord. 8360, passed 1-28-2021]
(a) 
CHIEF — The Police Chief of the City.
(b) 
CITY — The City of New Castle and the boundary lines of said City.
(c) 
OBSTRUCT PEDESTRIAN TRAFFIC or OBSTRUCT VEHICULAR TRAFFIC — To walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized pursuant to the City's public assembly and parade ordinances and regulations are exempt from the provisions of this ordinance.
(d) 
PANHANDLING or PANHANDLE — Any 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 person'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.
(e) 
PANHANDLER — A person who engages in panhandling in the City.
(f) 
PERSON — Any individual or entity, either for profit or not-for-profit.
(g) 
POLICE DEPARTMENT — The New Castle Police Department.
(h) 
PUBLIC PLACE — An area open to use by the general public, including, but not limited to streets, alleys, bridges, public rights-of-way, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings (residential or business), and the grounds enclosing them.
(i) 
SOLICIT or SOLICITATION or SOLICITING — To sell or offer for sale, order or exchange, or go from door to door (residential or business) requesting and/or offering the purchase of, or gift of any goods, products, wares, merchandise, food, beverages, other articles of value or any money, or any services, in any public place in the City including those who, for the purpose of carrying on such business, hire, lease, use or occupy any permanent or mobile building, tent, structure, motor vehicle including trucks, or real estate for the exhibition by means of samples, catalogues, photographs and price lists or sale of such goods, wares or merchandise.
(j) 
SOLICITOR — Any person that solicits or engages in soliciting or solicitation with in the City.
(k) 
TRANSIENT SALES LICENSE — A license issued to any person which engages in soliciting, either in one locality or in traveling from place to place in the City.
[Ord. 8360, passed 1-28-2021]
(a) 
No person shall solicit unless said person is the holder of a Transient Sales License which is in full force and effect issued pursuant to provisions of this article. Such person shall at all times carry the Transient Sales License while exercising such solicitation calling, and shall exhibit the Transient Sales License at all times and present it to any officer, official, City resident or person upon demand. A Transient Sales License must be posted in at the point of sales in plain view at all times.
(b) 
This section shall not apply to any person engaged in the sale and distribution of any item as a farmers' market food vendor; children under the age of 18 years who take orders and deliver fund raising items that directly support a charity, school, child-based club, or nonprofit organization; newspaper carriers along their regular delivery routes; or any business that already engages in retail sales in the City and pays mercantile or business privilege taxes.
[Ord. 8360, passed 1-28-2021]
(a) 
Any person who desires to engage in the business of soliciting, or transient sales, shall make application in person for a Transient Sales License at the Police Department upon a form provided by the City. Any person making application for a Transient Sales License shall provide a valid driver's license or other form of government identification when applying. The Police Department shall make such investigation into the character of the applicant and the business to be conducted as the City deems necessary to protect the interest of the City resident and may require that the applicant provide character references, photographs, fingerprints or such other information deemed necessary by the City. Proof of a Retail Sales and Use Tax is required from all applicants.
(b) 
The fee for a Transient Sales License, upon approval of the application to the Police Department, shall be $50 per day, or $250 per month. $50 of the application fee is non-refundable for any reason to cover administrative costs related to the investigation and issuance of any license. If the Transient Sales License is not approved, the amount paid less the $50 non-refundable fee will be sent to the applicant within 21 days.
(c) 
Applicants shall allow up to 10 business days to process all applications. Once a decision is rendered, the applicant will be contacted and, if approved, the applicant can pick up the Transient Sales License at the Police Department. No applicant may engage in any soliciting until the Transient Sales License is issued and in said person's possession.
(d) 
The Transient Sales License does not replace or supersede any other license required by the federal, state or local Authorities.
(e) 
The health officer and gaming officer of the City may issue a separate license for transient sales on site the day of an event, festival, or gathering and at his discretion; a person may be exempt if the total of all merchandise offered for sales for a single day is less than $100 gross.
[Ord. 8360, passed 1-28-2021]
(a) 
No person, whether licensed or not, shall engage in any solicitation before the hour of 9:00 a.m. or after the hour of 5:00 p.m. on any day, nor at any time on Sundays or on any legal holiday.
(b) 
No licensed solicitor shall engage in or transact any type of business or solicitation other than that specified on the Transient Sales License application.
[Ord. 8360, passed 1-28-2021]
(a) 
The mayor, code enforcement officer, police chief or any police officer of the City, may suspend or revoke any Transient Sales License for violation of any City ordinance; providing false or incorrect information on the Transient Sales License application; for any fraud; if the sales create any danger or nuisance to any City Resident or visitor of the City; if the sales create any traffic congestion, or for any misrepresentation made in the solicitation or sale. Such person whose license is suspended above may not apply for a new Transient Sales License thereafter until one complete calendar year after such revocation or suspension.
(b) 
Any person that is required to obtain a Transient Sales License and fails to do so shall cease all sales immediately and is in violation of this ordinance.
(c) 
If any person fails to cease selling or soliciting after instructed to do so by an Officer of the City, may be cited for each additional item sold or solicitation made.
[Ord. 8360, passed 1-28-2021]
No person, whether possessing a Transient Sales License or not, while engaged in any profit solicitation or panhandling, shall engage in soliciting or panhandling at any location in the City upon which is displayed a notice which read "No Peddlers or Solicitors Allowed," or which otherwise clearly purports to prohibit panhandlers or solicitors on the premises, unless such panhandler, or solicitor is or has been invited upon the premises by the owner, licensee or occupant thereof.
[Ord. 8360, passed 1-28-2021]
No person shall:
(a) 
Panhandle or solicit in any manner which serves to intentionally block, obstruct, or interfere with orderly flow of either vehicles or pedestrians.
(b) 
Panhandle or solicit in any manner which intentionally and unreasonably causes a pedestrian or vehicle operator to take evasive action to avoid physical contact.
(c) 
Panhandle or solicit in any manner that violates traffic regulations for pedestrians or vehicles.
[Ord. 8360, passed 1-28-2021]
No person shall:
(a) 
Follow 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 compelled or intimidated into giving money or other thing of value;
(b) 
Continue to panhandle or solicit from a person after that person has given a negative response to such soliciting or walked away from the person panhandling or soliciting;
(c) 
Intentionally touch or cause physical contact with the solicited person without such person's consent in the course of panhandling or soliciting;
(d) 
Use profane, offensive or abusive language or speak in an unreasonably loud volume, either during panhandling or soliciting or following a refusal to make a donation, or making any statement or gestures toward the subject of the panhandling or solicitation which would cause a reasonable person to fear bodily harm to oneself or to another or damage to or loss of property or otherwise be compelled or intimidated into giving money or other thing of value; or
(e) 
Direct violent or threatening gestures toward the subject of the panhandling or solicitation.
[Ord. 8360, passed 1-28-2021]
(a) 
No person shall panhandle in the following areas:
(1) 
Within 50 feet of any bus stop or loading zone.
(2) 
Within 200 feet of any automated teller machine or any other machine at which money is dispensed to the public.
(3) 
Within 200 feet of the entrance to any financial institution which is open for business.
(4) 
Within 200 feet of any commercial establishment which is open for business.
(5) 
Within 200 feet of any duly permitted outdoor dining area during hours of operation.
(6) 
Within 200 feet of the entrance to any residence or residential building.
(b) 
No person shall panhandle in the following manner:
(1) 
While under the influence of alcohol, illegal drug or prescription medication unless prescribed by a licensed physician.
(2) 
By approaching any person in a group of three or more.
(3) 
By panhandling in a manner which uses any statement, gesture or any other form of communication which a reasonable person would perceive as a threat.
(4) 
By using false or misleading information such as stating that the donation is needed to meet a specific need which does not exist, is already met, or the requestor already possesses the funds necessary to meet the stated need.
(5) 
By indicating that the requestor suffers from a physical or mental disability when the person making the request does not suffer from that disability.
[Ord. 8360, passed 1-28-2021]
Any person, firm or corporation who violates any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 or to imprisonment for a term not to exceed 90 days. 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.