[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.