[Adopted 8-8-2023 by Ord. No. 1717-23[1]]
[1]
Editor's Note: This article was originally adopted as Ch.
326 but redesignated for Code organization purposes.
The purpose of this article is to protect the rights of all
people to safely exercise their First Amendment rights, as well as
to protect the personal and property rights of those who choose not
to participate.
A.
The Township of Hazlet has a compelling governmental interest in
imposing certain reasonable time, place, and manner regulations whenever
potential First Amendment activities such as begging, solicitation
and panhandling occur on streets, highways, sidewalks, walkways, plazas,
and other public venues which may interfere with personal or property
rights.
B.
This article is not intended to limit any person from exercising
their constitutional right to solicit funds or engage in constitutionally
protected activities. The provisions of this article are established
to narrowly tailor any such restrictions to protect the First Amendment
rights of all people within the Township, to protect the rights of
nonparticipating people and their property, and to fully ensure the
rights and safety of all people and property.
C.
Persons approached by individuals asking for money, objects or other
things of any value are particularly vulnerable to real, apparent
or perceived coercion when such request is accompanied by aggressive
solicitation as defined below.
D.
The Township desires to respect a person's right to solicit,
beg or panhandle while simultaneously protecting other's right
to not be coerced.
As used in this article, the following words and terms shall
have the meanings indicated. The meaning of all other terms and words
not specifically defined shall be their generally accepted definition:
Continuing to solicit from a person after the person has given
a negative response to or ignored such solicitation;
Closely following behind, ahead or alongside a person after
that person has given a negative response to such solicitation;
While soliciting, intentionally touching or causing physical
contact with another person or their property without that person's
consent;
While soliciting, intentionally blocking, or interfering with
the safe or free passage of a pedestrian or vehicle by any means,
including unreasonably causing a pedestrian or vehicle operator to
take evasive action to avoid physical contact;
Following the person being solicited, with the intent of asking
that person for money or other things of value;
Soliciting in a manner with conduct, words or gestures intended
or likely to cause a reasonable person to fear immediate bodily harm,
danger or damage to or loss of property, or otherwise be intimidated
into giving money or any other thing of value;
Soliciting in a group of two or more persons in an intimidating
fashion;
Soliciting any person within 25 feet of any bank, automated
teller machine, check cashing business, bus stop, train station, public
restroom, pay telephone, theater or place of public assembly, or of
any outdoor seating area of any cafe, restaurant or other business;
Soliciting any person in public after dark, which shall mean
the time from sunset to sunrise;
Using profane, threatening, or abusive language, while soliciting;
or
Soliciting money from anyone who is waiting in line for tickets,
entering a public building or riding on public transportation.
Shall be synonymous and 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.
It shall be unlawful for any person to aggressively solicit.
Any police officer observing any person violating this provision,
or if such activity is reported to the officer, the police officer
may order such person to cease and desist such behavior and may issue
a summons to such person if the person fails to comply with such order.
Any person found guilty of violating this article shall be punished
by a fine not to exceed $250 for each for each violation, or, the
court may impose such community service as it shall determine in lieu
of a monetary fine.
