[Adopted 4-27-2006 by Ord. No. 04-06]
A. 
The Township Council recognizes a constitutional right to beg or solicit in a peaceful and nonthreatening manner. The Township Council finds, however, that an increase in aggressive solicitation throughout the Township has become extremely disturbing and disruptive to residents and businesses and has contributed not only to the loss of access to and enjoyment of public places but also to an enhanced sense of fear, intimidation and disorder.
B. 
Aggressive panhandling usually includes approaching or following pedestrians, the use of abusive language, unwanted physical contact or the intentional block of pedestrian and vehicular traffic. The Township Council further finds that the presence of individuals who solicit money from persons at or near banks or automated teller machines is especially troublesome. Motorists also find themselves confronted by persons who, without permission, wash their automobile windows at traffic intersections despite explicit indications by drivers not to do so. Such activity often carries with it an implicit threat to both persons and property. People driving or parking on Township streets frequently find themselves faced with panhandlers seeking money by offering to perform "services" such as opening car doors or locating parking spaces.
C. 
This article is timely and appropriate because current laws and Township regulations are insufficient to address the aforementioned problems. The restrictions contained herein are neither overbroad nor vague and are narrowly tailored to serve a substantial governmental interest. Furthermore, in enacting this legislation, the Township Council recognizes the availability of community service and other sentencing alternatives which may be appropriate remedies for violations of this article.
D. 
This article is not intended to limit any persons from exercising their constitutional right to solicit, picket, protest or engage in other constitutionally protected activity. Its goal, instead, is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome and overwhelming presence in the Township.
For the purposes of this article, the following words shall have the meanings described herein:
AGGRESSIVE MANNER
A. 
Approaching or speaking to a person or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to:
(1) 
Fear bodily harm to oneself or to another, damage to or loss of property or the commission of an offense under the New Jersey Code of Criminal Justice upon oneself or another;
(2) 
Otherwise be intimated into giving money or other thing of value;
(3) 
Suffer unreasonable inconvenience, annoyance or alarm.
B. 
Intentionally touching or causing physical contact with another person or with an occupied vehicle, without that person's consent, in the course of soliciting, asking or begging.
C. 
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.
D. 
Using violent or threatening gestures toward a person solicited.
ASK
See "beg."
AUTOMATED TELLER MACHINE
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.
AUTOMATED TELLER MACHINE FACILITY
The area comprised of one or more automated teller machines and any adjacent space which is made available to banking customers after regular banking hours.
BANK or CHECK-CASHING BUSINESS
Any person or entity duly licensed by the New Jersey Department of Banking to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of the New Jersey banking laws.
BEG
Using the spoken, written or printed word or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
PUBLIC PLACE
A place to which the public or a substantial group of persons has access and includes, but is not limited to, any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, playground and any hallway, lobby and other portion of an apartment house or hotel not constituting a room or apartment designed for actual residence. Public places shall also include door-to-door begging in an aggressive manner as defined herein.
SOLICIT
See "beg."
No person shall:
A. 
Solicit, ask or beg in an aggressive manner in any public place.
B. 
Solicit, ask or beg within 10 feet of any entrance or exit of any bank or check-cashing business during its business hours or within 10 feet of any automated teller machine during the time it is available for customers' use; provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; provided, further, that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that (s)he does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this subsection shall be construed to prohibit the lawful vending of goods and services within such areas.
C. 
Approach an operator or other occupant of a motor vehicle which such vehicle is located on any street for the purpose of either performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services, if such approaching, performing, offering or soliciting is done in an aggressive manner as defined in § 257-7; provided, however, that this subsection shall not apply to services rendered in connection with the lawful towing of such vehicle or in connection with emergency repairs requested by the operator or other occupant of such vehicle.
The provisions of this article shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including, but not limited to, supermarkets, airports and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.