§ 16-82. Panhandling, begging or solicitation.

(a)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section.

Aggressive panhandling, begging or solicitation means:

(1)

Approaching or speaking to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with either imminent bodily injury or the commission of a criminal act upon the person or another person, or upon property in the person's immediate possession;

(2)

Requesting money or something else of value after the person solicited has given a negative response to the initial request;

(3)

Blocking, either individually or as part of a group of persons, the passage of a solicited person;

(4)

Touching a solicited person without explicit permission; or

(5)

Engaging in conduct that would reasonably be construed as intended to intimidate, compel or force a solicited person to accede to demands.

Panhandling means:

(1)

Any solicitation made in person requesting an immediate donation of money or other thing of value for oneself or another person or entity; and

(2)

Seeking donations where the person solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.

Panhandling does not mean the act of passively standing or sitting, performing music, or singing with a sign or other indication that a donation is being sought, but without any vocal request other than a response to an inquiry by another person.

(b)

Prohibited areas of panhandling, begging or solicitation. It shall be unlawful to engage in the act or acts of panhandling, begging or solicitation when either the solicitation or the person being solicited is located in, on, or at any of the following locations:

(1)

Bus stop or any public transportation facility;

(2)

Public transportation vehicle;

(3)

Area within fifteen (15) feet, in any direction, of a sidewalk café

(4)

Parking lot, parking garage, or parking pay station owned or operated by the city;

(5)

Park owned or operated by the city;

(6)

Area within fifteen (15) feet, in any direction, of an automatic teller machine;

(7)

Area within fifteen (15) feet, in any direction, of the entrance or exit of a commercial or governmental building; or

(8)

Private property, unless the person panhandling has permission from the owner of such property.

(c)

It shall be unlawful to engage in the act of aggressive panhandling in any location in the city.

(d)

Penalty. Any person found guilty of violating this section shall, upon conviction, be penalized as provided in section 1-6 of this Code.

( Ord. No. C-12-10, § 1, 5-1-12 )

Editor's note

Ord. No. C-12-10, § 1, adopted May 1, 2012, amended the Code by adding a new § 16-18. In order to include the new provisions in the Article IV as directed by the ordinance, and to keep related materials together, the provisions have been redesignated as § 16-82 at the discretion of the editor.