(A) Generally. The purpose of this section and legislation is to regulate certain acts done with the act of panhandling, rather than the status of the person.
(B) Exclusion. The activities of panhandling do not include a person who passively stands or sits with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
AGGRESSIVELY BEG. To beg with the intent to intimidate another person into giving money or goods.
ASSAULT. Assaultive offenses as set out in statutes of the state of Oregon, and classified as criminal offenses.
BEG. To ask for money or goods as a charity or gift, whether by words, bodily gesture, signs, or other means.
DONATION. Any item of value, monetary or otherwise.
EXEMPT ORGANIZATIONS. Any nonprofit, religious, civic or benevolent organization described in Section 501(c) of the Internal Revenue Code of the United States.
INTIMIDATE. To engage intentionally in conduct which would make a reasonable person fearful or feel compelled.
OBSTRUCT PEDESTRIAN or VEHICULAR TRAFFIC.
(a) When a person without legal privilege, intentionally, knowingly or recklessly walks, stands, sits, lies, or places an object in such a manner as another person or a driver of a vehicle has to take evasive action to avoid physical contact.
(b) Acts authorized as an exercise of one's constitutional right to picket, or to legally protest, and acts authorized by a permit issued pursuant to this section shall not constitute obstruction of pedestrian or vehicular traffic.
PANHANDLER. Any person, other than an exempt organization, acting on his or her own behalf, requesting an immediate donation of money or exchange of any services; or any person, acting on his or her own behalf, attempting to sell an item for an amount far exceeding its value, or where said item is already offered free-of-charge to the general public, and a reasonable person would understand that the purchase is in substance a donation.
PANHANDLING. The solicitation of any item of value, monetary or otherwise, made by a person, other than an exempt organization, acting on his or her own behalf, requesting an immediate donation of money or exchange of any services; or any person, acting on his or her own behalf, attempting to sell an item for an amount far exceeding its value, or an item which already offered free-of-charge to the general public, and under circumstances a reasonable person would understand that the purchase is in substance a donation.
PEDESTRIAN INTERFERENCE. The obstruction of pedestrian or vehicular traffic by aggressively begging which impedes the lawful passage of a pedestrian or a vehicle.
PERMIT. The permit required under this section.
PUBLIC PLACE. A place that is generally visible to public view and includes, alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(C) Permits.
(1) Permit required. Any person panhandling within the below described geographical or restricted areas shall be required to have a permit, as issued by the permit office of the city, in his or her possession at all times, subject to exhibition demand to any city officer or employee, and shall be subject to conditions as set out in divisions (D), (E), (F), (G), and (H).
(2) Restricted geographical areas. Without a permit, persons shall be restricted from panhandling in the following geographical areas: public parks, schools and playgrounds; municipal or governmentally owned offices; municipally owned recreational and exhibition buildings; public library facilities; public or dedicated thoroughfares; private properties or shopping malls; unless the owner, lessee, or person in charge has granted permission.
(D) Time of panhandling. Any person who panhandles after sunset or before sunrise is guilty of a misdemeanor.
(E) Place of panhandling. Any person who panhandles when the person solicited is in any of the following places is guilty of a misdemeanor:
(1) At any bus stop;
(2) In any public transportation vehicle or facility including loading and unloading areas;
(3) In any vehicle on the street;
(4) On private property, unless the panhandler has permission from the owner, occupant or person in charge of the private property.
(F) Manner of panhandling. Any person who in a public place panhandles in any of the following ways or manner is guilty of a misdemeanor:
(1) By using profane or abusive language, either during the solicitation or following a refusal;
(2) By panhandling in a group of 2 or more persons;
(3) By any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat;
(4) By intimidating;
(5) By obstructing pedestrian or vehicular traffic;
(6) By assaulting or aggressively begging.
(G) False or misleading solicitation.
(1) Any person who knowingly makes any false or misleading representation in the course of soliciting a donation is guilty of a misdemeanor. False or misleading representations include, but are not limited to, the following:
(a) Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet the need and does not disclose that fact.
(b) Stating that the donation is needed to meet a need which does not exist.
(c) Stating that the solicitor is from out of town and stranded, when that is not true.
(d) Wearing a military uniform or other indication of military service, when the solicitor is neither a present nor former member of the service indicated.
(e) Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated.
(f) Use of any makeup or device to simulate any deformity.
(g) Stating that the solicitor is homeless, when he or she is not.
(h) Stating the donation is for food but in reality is not needed for food.
(i) Using and exposing minors to hazardous conditions including but not limited to cold, heat, animals, weather and strangers, to solicit funds.
(j) To offer to sell newspapers, magazines, periodicals, pamphlets for a price, which are offered free of charge to the general public.
(2) Any person who solicits a donation stating that the funds are needed for a specific purpose and then spends the funds received for a different purpose is guilty of a misdemeanor.
(H) Accosting persons or obstructing traffic. Every person who commits any of the following acts is guilty of a misdemeanor:
(1) Who assaults, aggressively begs, intimidates or accosts other persons in any public place or in any place open to the public, for the purpose of panhandling or soliciting a donation for immediate payment.
(2) Obstructs pedestrian or a vehicle.
(Ord. 2007-60.24, passed 4-10-2007) Penalty, see § 130.99