For purposes of this article, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the concept clearly indicates a different meaning:
Automated teller machine or ATM.
A machine, other than a telephone, that is capable of being operated by a patron to communicate to a financial institution:
(1) 
A request to withdraw money from an account directly or under a line of credit previously authorized;
(2) 
An instruction to deposit money in an account with the financial institution;
(3) 
An instruction to transfer money between one or more accounts maintained with the financial institution;
(4) 
An instruction to apply money against an indebtedness to the financial institution; or
(5) 
A request for information concerning the balance of an account with the financial institution.
Financial transaction.
The actual purchasing, paying, charging, or negotiating for the procurement or sale of any goods or services.
Fuel dispensing device.
A pump or other machine utilized for dispensing fuel, including electrical charge, to motor vehicles or containers.
Panhandling.
Any solicitation made in person requesting an immediate donation of money. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation of money for the purpose of this section. Panhandling does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person. Panhandling does not include solicitations, sales or distributions made by charitable, educational, or religious organizations, which are governed by article 5.09 of this code.
Public transportation stop.
An area officially marked and designated as a place to wait for a bus, a train, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis.
Sunrise.
The time of day reported by the National Weather Service of the National Oceanic and Atmospheric Administration (NOAA) on its webpage (https://www.weather.gov/mrx/sr_ss) as the time for sunrise on a particular day in the city.
Sunset.
The time of day reported by the National Weather Service of the National Oceanic and Atmospheric Administration (NOAA) on its webpage (https://www.weather.gov/mrx/sr_ss) as the time for sunset on a particular day in the city.
(Ordinance 2021-09 adopted 9/7/21)
Panhandling in any outdoor area between sunset and sunrise the following morning is prohibited and a person engaged in such panhandling is guilty of a misdemeanor under this section. It shall be a defense to prosecution under this section if the panhandling was being conducted on property with the advance written permission of the owner, manager, or other person in control of the property or if the panhandling consisted exclusively of passive and nonverbal acts.
(Ordinance 2021-09 adopted 9/7/21)
Panhandling is prohibited and constitutes a misdemeanor under this section if performed within a distance of twenty (20) feet from any ATM, an entrance or exit of a bank, credit union, or other similar financial institution, fuel dispensing device, outdoor dining or seating establishment, including but not limited to a sidewalk cafe, a public transportation stop, or on private property unless the panhandler has permission from the owner or occupant of the property. For purposes of this section, distance shall be measured from any extension of the panhandler’s body, including without limitation any sign or other object being used or carried, to the nearest part of the physical structure of the ATM, entrance or exit to a bank, credit union or other similar financial institution, fuel dispensing device, outdoor dining or seating establishment, a public transportation stop, or private property at issue.
(Ordinance 2021-09 adopted 9/7/21)
Panhandling in any one or more of the following manners is prohibited and constitutes a misdemeanor under this section:
(1) 
By coming within three feet of the person from whom a donation is requested;
(2) 
By blocking the path of the person from whom a donation is requested along a sidewalk, street, or alley;
(3) 
By following a person who walks away from the panhandler;
(4) 
By using profane or abusive language, either during the request for donation or following a refusal;
(5) 
By panhandling in a group of two or more persons;
(6) 
By any statement, gesture, or other communication which a reasonable person in the situation of the person from whom the donation is requested would perceive to be a threat; or
(7) 
By failing to discontinue the request for donations immediately upon the request of the person of whom the donation is requested until there is a space of at least twenty (20) feet between the panhandler and the person from whom the donation was being requested. For purposes of this section, the distance shall be measured from any extension of the panhandler’s body, including without limitation any sign or other object being used or carried, to the nearest part of the body of the person from whom the donation is requested.
(Ordinance 2021-09 adopted 9/7/21)
(a) 
Any person who knowingly makes any false or misleading representations in the course of requesting a donation is guilty of a misdemeanor under this section.
(b) 
False or misleading representations include, but are not limited to, the following:
(1) 
Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;
(2) 
Stating that the donation is needed to meet a need which does not exist;
(3) 
Stating that the solicitor is from out of town and stranded, when that is not true;
(4) 
Wearing a military uniform or other indication of military service, when the solicitor is neither a present nor former member of the service indicated;
(5) 
Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated;
(6) 
Use of any makeup or device to simulate any injury or deformity; or
(7) 
Stating that the solicitor is homeless, when the solicitor is not homeless.
(Ordinance 2021-09 adopted 9/7/21)
An offense under this article is deemed to be a misdemeanor and upon conviction be punishable by a fine not to exceed $500.00 for each offense.
(Ordinance 2021-09 adopted 9/7/21)