(A) It shall be unlawful for any person to camp, sleep in or occupy camp facilities or use camp paraphernalia in any public place. A
PUBLIC PLACE shall mean a place to which the public or a substantial group of persons has access and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground and any doorway, entrance, hallway, lobby and other portion of any business establishment and apartment house or hotel not constituting a room or apartment designated for actual residence; provided, however, that, no person shall be in violation of this section unless:
(1) The person is informed of the whereabouts of a regional homeless shelter;
(2) Such shelter is actually available to such person; and
(3) Such person willingly refuses to stay in such shelter.
(B) (1) (a) As used herein,
PANHANDLING means any solicitation made in person upon any street, public place or park in the city in which a person requests an immediate donation of money or other gratuity from another person and includes, but is not limited to, seeking donations:
1. By vocal appeal or for music, singing or other street performance; and
2. Where the person being 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.
(b) However, panhandling shall not include the act of passively standing or sitting, nor performing music, singing or other street performance, with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person.
(2) It shall be unlawful to engage in an act of panhandling on any day after sunset or before sunrise.
(3) It shall be unlawful to engage in an act of panhandling at any city approved sanctioned or sponsored festival, parade, fair, concert, dance, memorial service, open air market activity or any other event open to the public during the hours of operation.
(4) It shall be unlawful to engage in an act of panhandling inside any commercial establishment, business, retail establishment, restaurant, public school, daycare center, hospital, medical building, health clinic, dental office, library, public housing complex or facility, public/private parking lots, senior activities center or senior living center without the expressed consent of the owner, manager or other individual having authority to authorize entry.
(5) It shall be unlawful to engage in an act of panhandling when either the panhandler or the person being solicited is located at any of the following locations:
(a) At a bus stop, in a public transportation vehicle or public transportation facility;
(b) In a vehicle which is parked or stopped on a public street or alley;
(c) In a sidewalk café; or
(d) Within 20 feet in any direction from an automatic teller machine or entrance to a bank, savings and loan association or credit union.
(6) It shall be unlawful to block any public street or sidewalk or impede the flow of vehicular or pedestrian traffic while engaged in an act of panhandling.
(7) It shall be unlawful to engage in an act of panhandling in an aggressive manner, including any of the following actions:
(a) Touching the solicited person without the solicited person’s consent;
(b) Panhandling a person while such person is standing in line and waiting to be admitted to a commercial establishment;
(c) Blocking the path of a person being solicited or the entrance to any building or vehicle;
(d) Following behind, ahead or alongside a person who walks away from the panhandler after being solicited;
(e) Using profane or abusive language, either during the solicitation or following a refusal to make a donation, or making any statement, gesture or other communication which would cause a reasonable person to be fearful or feel compelled; and/or
(f) Panhandling in a group of two or more persons.
(8) Each act of panhandling prohibited herein shall constitute a public nuisance and each act shall be a separate violation.
(1960 Code, § 30-1-8) (Ord. 7302, passed 8-17-2009; Am. Ord. 8865-2020, passed 8-17-2020) Penalty, see § 130.99