The inhabitants of the Town of Camden are concerned about the serious public health and safety problems which result from panhandling and begging of individuals in public places in the Town of Camden. Such begging and panhandling may lead to serious problems involving the safety of residents and visitors to the Town. Panhandling and begging can intimidate visitors to the Town with an adverse impact on the Town's tourist-oriented economy. Panhandling and begging also can lead to potential violence and unwarranted intrusion upon the privacy of residents of the Town and visitors to the Town. The following chapter is hereby adopted in the interest of promoting the general welfare, public health and providing for public safety.
[HISTORY: Adopted by the Town of Camden 6-10-1997. Amendments noted where applicable.]
This chapter is enacted pursuant to the home rule authority granted to the Town in accordance with the provisions of title 30-A M.R.S.A. § 3001.
No person shall loiter for the purpose of begging or engage in panhandling alone or in consort with any other person in a public place. Begging and panhandling, as defined in this chapter, shall be a violation of the provisions of this chapter and subject the violator to the penalties set forth in this chapter.
For purposes of this chapter, fund-raising and the solicitation of contributions for charitable purposes in public places by religious, educational, charitable, benevolent or philanthropic organization, or any person acting for such an organization which is authorized by that organization shall not be considered to be begging or panhandling. Such fund-raising or solicitation of contributions shall be exempt from the provisions of this chapter. Without limiting the generality of this exemption and for purposes of illustration, the solicitation of contributions from the public on the public sidewalk by the Salvation Army, a Rotary club, a Lions club, the Red Cross, the YMCA or any other similar charitable and nonprofit organization shall be exempt from the provisions of this chapter and such activities shall not be deemed to be begging or panhandling as defined in this chapter.
For purposes of this chapter, the following definitions shall apply to the terms set forth below in this section:
The solicitation of money, including coins and paper money of legal tender, without any return by the person making that solicitation of any consideration for the receipt of that money.
Remaining in essentially one location for the purpose of begging as defined in this chapter and, for purposes of this chapter, shall be unlawful only if such loitering occurs in connection with begging by that person.
The actions of a person in moving or walking along the sidewalk of a public way or along a public way for the purpose of the solicitation of money, including coins and paper money of legal tender, without the return by the person making that solicitation of any consideration for the receipt of that money.
Any place to which the general public has access which is not owned privately, including the public sidewalks of the Town of Camden, the streets and Town roads of the Town of Camden, public parks owned by the Town of Camden, the Camden Public Landing, the Village Square, all publicly owned beaches in the Town of Camden and any buildings owned by the Town of Camden, including the grounds associated with those buildings. The term "public place" shall specifically include the public sidewalk area in the front or immediate area of any store, shop, restaurant, tavern or other place of business.
Any person who violates any provision of this chapter shall be subject to a penalty of not less than $50 and not more than $100 for each and every offense, and that penalty shall be recoverable in an action in the District Court, Division of Knox, of the State of Maine.
Each part of this chapter is severable, and if any phrase, clause, sentence or provision is declared to be contrary to law, the validity of the remainder shall not be affected thereby, unless the application of any remaining portion of this chapter would result in action being taken which is inconsistent with the objectives of this chapter.
This chapter shall take full force and effect on the date of enactment of this chapter at a Town meeting of the Town of Camden.