(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“AGGRESSIVE MANNER.” Any of the following:
(1) To approach, speak to, or follow any person(s) in such a manner that would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person, or upon the property in the person’s immediate possession;
(2) To touch another person(s) without their consent in the course of asking for alms;
(3) To continuously ask, beg, or solicit for alms from a person(s) after the person(s) has responded in a negative manner;
(4) To intentionally block or interfere with the safe or free passage of a person(s) by any means, up to and including causing a person(s) to take evasive action to avoid physical contact.
“ASKING, BEGGING, OR SOLICITING ALMS.” Includes any spoken, written, printed, or other such means conducted with the purpose of obtaining an immediate donation of money or other thing of value.
(B) Prohibited acts.
(1) It shall be unlawful for any person to ask, beg, or solicit alms, including money and other items of value, in an aggressive manner, in any place open to the general public, including sidewalks, streets, alleys, driveways, plazas, parking lots, parks, buildings, doorways, and entrances to buildings, and the groundways which enclose buildings.
(2) It shall be unlawful for any person to ask, beg, or solicit alms, in an aggressive manner, in any public transportation vehicle or at any bus stop.
(3) It shall be unlawful for any person to ask, beg, or solicit alms from any operator or occupant of a motor vehicle that is in traffic on a public street.
(4) It shall be unlawful for any person to ask, beg, or solicit alms from any operator or occupant of a motor vehicle on a public street in exchange for the reservation or direction to a public parking space.
(5) It shall be unlawful for any person to ask, beg, or solicit alms in exchange for cleaning (including windows), protecting, watching, washing, repairing, or painting a motor vehicle that is in traffic or parked on a public street.
(C) Permitted activity. All acts authorized as an exercise of a person’s constitutional right to picket, protest, or
speak and acts that are permitted by a permit issued by the town shall not constitute unlawful activity under this section.
(D) Penalties.
(1) Any violation of any provision(s) of this section shall be a misdemeanor as provided by G.S. § 14-4 and punishable by the maximum penalty of $500, as provided by G.S. § 14-4(a).
(2) The Town Attorney is authorized to seek injunctive relief against repeat offenders.
(Ord. 05-06-05, passed 8-8-05)