For the purposes of this article, the following words shall
have the following meanings, except where the context clearly indicates
a different meaning.
Aggressive panhandling.
The solicitation or request for something of benefit without
consideration and for personal gain, in an intimidating, aggressive,
or abusive manner, and includes but is not limited to soliciting money
or something of benefit by approaching or following pedestrians, repetitive
soliciting despite refusals, soliciting persons under the age of 16
years, the use of abusive or profane language to cause fear and intimidation,
unwanted physical contact, or the intentional blocking of pedestrian
or vehicular traffic.
Parking lot.
An area used for the parking of motor vehicles on public
or private property to which the public or a substantial group of
the public has access.
Public place.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
and the common areas of schools, hospitals, apartment houses, office
buildings, transportation facilities, and shops.
Public transportation facility.
An area officially marked and designated as a place to wait
for a bus, train, a light rail vehicle, taxi, or any other vehicle
used for public transportation.
(Ordinance 2014-0317-01 adopted 3/17/14; Ordinance 2019-0520-01 adopted 5/20/19)
(a) A
person commits an offense if the person, alone or in concert with
others, intentionally or knowingly engages in disruptive activity
in a public place or public transportation facility.
(b) For
purposes of this section, disruptive activity is:
(1) Obstructing or restraining the passage of persons in an exit, entrance,
hallway, street, sidewalk, waiting area, parking lot or park without
authorization of an authorized public official;
(2) Harassing or intimidating other persons who are using a public facility
or in a public place;
(3) Engaging in activities, individually or in concert with others, that
impair, hinder or prevent the normal use of an exit, entrance, hallway,
street, sidewalk, or parking lot;
(4) Making noise within or outside of a building of an intensity or volume
that prevents or hinders the use of the building or that disturbs
the peace and comfort of occupants of the building; or
(5) Defacing, scratching, marring or otherwise causing damage to public
property, including but not limited to, benches, signs, walls, brickwork,
tables, chairs, and statuary.
(Ordinance 2019-0520-01 adopted 5/20/19)
(a) It
shall be unlawful for any person to loiter or remain in a public transportation
facility, public park or public place, when such loitering is accompanied
by activity or is under circumstances:
(1) That would warrant a reasonable person to believe that the purpose
or effect of the loitering is in furtherance of street gang-related
activities;
(2) That intimidates others from entering those areas;
(3) In which illegal activity is being conducted or concealed, including
but not limited to aggressive panhandling; or
(4) That causes a reasonable person to feel distress and alarm for the
safety and well-being of persons or the security of property in the
immediate or surrounding area.
(b) It
shall be unlawful for any person to loiter or to remain in a public
place or within 50 feet of an automated teller machine, the entrance
or exit of a bank, credit union, or other similar financial institution,
an exterior public pay telephone, or a self-service fuel pump, for
the purpose of aggressive panhandling.
(c) It
shall be unlawful for any person to sleep in a public transportation
facility, a public place, a vacant lot, or a street, alley or park,
unless the person owns the property or has the consent of the owner
of the property to sleep at that location.
(d) It
shall be unlawful for any person to cause, allow or permit an occupied
motor vehicle to remain parked or standing in a parking lot overnight.
For the purposes of this subsection, “overnight” means
remaining in the parking lot continuously between the hours of 11:00
p.m. to 6:00 a.m. of the following day. This offense is stated to
be a strict liability offense; in the prosecution of an offense under
this subsection, no pleading or proof of any mental state, including
intentionally or knowingly, shall be required.
(Ordinance 2014-0317-01 adopted 3/17/14; Ordinance 2019-0520-01 adopted 5/20/19)