The purposes of this chapter are to protect citizens from fear
and intimidation accompanying certain kinds of solicitation that have
become an unwelcome and overwhelming presence in the city, to promote
the public health, safety and welfare by minimizing conflicts between
solicitors and motorists or other pedestrians, and to restore an atmosphere
of mutual respect within the community.
(Ord. 725 § 1, 2015)
For purposes of this chapter, the following words shall have
the following meaning, unless the context clearly indicates otherwise:
"Aggressive manner"
shall mean:
1.
Approaching or speaking to a person, or following a person before,
during or after panhandling, if that conduct is likely to cause a
reasonable person to:
(i)
Fear bodily harm to oneself or to another, damage to or loss
of property, or
(ii)
Otherwise be intimidated into giving money, goods or other things
of value;
2.
Approaching an occupied vehicle by entering into the roadway
when traffic is either stopped or moving, before, during or after
panhandling;
3.
Knocking on the window of, or physically reaching toward or
into, an occupied vehicle before, during or after panhandling;
4.
Continuing to solicit from a person after the person has given
a negative response to such panhandling;
5.
Intentionally touching or causing physical contact with another
person without that person's consent in the course of panhandling;
6.
Intentionally blocking or interfering with the safe or free
passage of a pedestrian or vehicle by any means, including causing
a pedestrian or vehicle operator to take evasive action to avoid physical
contact before, during or after panhandling;
7.
Using violent or threatening gestures toward a person before,
during or after panhandling;
8.
Using profane, offensive or abusive language which is inherently
likely to provoke an immediate violent reaction, either before, during
or after panhandling;
9.
Following a person while panhandling, with the intent of asking
that person for money, goods or other things of value.
"Automated teller machine (or ATM)"
shall mean a device, linked to a financial institution's
account records, which is able to carry out transactions, including,
but not limited to, account transfers, deposits, cash withdrawals,
balance inquiries, and mortgage and loan payments.
"Intersection"
shall mean the intersection of the lateral curb lines, or
if none, the lateral boundary lines of the roadway, of two roads that
join one another at approximately right angles.
"Panhandling"
shall mean asking for money or objects of value, with the
intention that the money or object be transferred at that time, and
at that place. Panhandling shall include using the spoken, written,
or printed word, bodily gestures, signs, or other means with the purpose
of obtaining an immediate donation of money or other thing of value,
or offering the sale of goods or services.
"Public place"
shall mean a place where a governmental entity has title
or to which the public or a substantial group of persons has access,
including, but not limited to, any street, highway, parking lot, transportation
facility, shopping center, school, hospital, place of amusement, park,
or playground.
(Ord. 725 § 1, 2015)
It is unlawful and a public nuisance for any person to:
A. Panhandle
in an aggressive manner in any public place;
B. Panhandle
within twenty feet of any automated teller machine;
C. Panhandle
within twenty feet of the entrance to a supermarket, hospital, medical
office, retail store, restaurant or bar;
D. Panhandle
in any public transportation vehicle, or within twenty feet of a bus
stop or bus shelter;
E. Panhandle
in any public or private parking lot or parking structure accessible
to the general public, or within twenty feet of the entrance or exit
to any parking lot or parking structure;
F. Panhandle
while on any public pedestrian foot bridge, or within twenty feet
of the entrance or exit to a public pedestrian foot bridge;
G. Panhandle
within twenty feet of any intersection; or
H. Panhandle
or solicit an operator or other occupant of a motor vehicle located
on any street or on any highway on-ramp or off-ramp, for the purpose
of performing or offering to perform a service in connection with
such vehicle, or otherwise soliciting donations or the sale of goods
or services.
(Ord. 725 § 1, 2015)