The intent of this section is to regulate begging, panhandling or soliciting contributions or alms for personal gain from occupants of vehicles and pedestrians within the town. Bona fide members of charitable, religious, civic or fraternal organizations that are considered a charitable non-profit organization as defined by the United States Internal Revenue Service and receive no compensation of any kind for their services are exempt from this section except in regards to the conduct of the person soliciting as described in division (I) of this section:
(A) Definitions: for the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCOSTING ANOTHER PERSON shall be defined as approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act or damage to property in his or her immediate possession;
To
BEG, PANHANDLE OR SOLICIT CONTRIBUTIONS OR ALMS shall be defined to include, without limitation, the spoken, written or printed word or such other acts as are conducted in furtherance of the purpose of obtaining contributions or alms.
DIRECT WRITTEN APPEAL shall be defined as begging, panhandling or solicitation by handing to a person or attempting to hand to a person a written solicitation for immediate contributions.
FORCING ONESELF UPON THE COMPANY OF ANOTHER PERSON shall be defined as:
(1) Continuing to request or solicit contributions in close proximity to the person addressed after that person has responded negatively;
(2) Blocking the passage of the person addressed; or
(3) Otherwise engaging in conduct which reasonably could be understood as intended to force a person to accede to demands.
INTIMIDATE ANOTHER PERSON shall be defined as acting in such a way as would cause a reasonable person to fear bodily harm and therefore to do something he or she would not otherwise have done.
NIGHTTIME shall be defined as the time after sunset and before sunrise.
PUBLIC PLACE shall be defined to include streets, highways and roadways (including the shoulders and medians), sidewalks, alleys and other public property, as well as town-owned and town-controlled property and private property open to the public unless written permission to solicit has been obtained from the property owner or other person in authority.
VOCAL APPEAL shall be defined as begging, panhandling or solicitation of contributions by spoken word or other verbal request. This shall not include the act of performing music with a sign or other indication that a contribution is being sought, without any vocal request other than in response to an inquiry.
(B) No person shall beg, panhandle or solicit contributions for personal gain in a public place without the written permission of the property owner or person of authority.
(C) No person shall beg, panhandle or solicit contributions in a public place in a manner so as to intimidate another person or by accosting another person, or by forcing oneself upon the company of another person.
(D) No person shall beg, panhandle or solicit contributions from another person within 50 feet of an entrance or exit of any bank or financial institution or within 50 feet of any automated teller machine.
(E) No person shall beg, panhandle or solicit contributions in any public vehicle owned or operated by the town or at any station for such vehicle or within six feet of a bus stop sign, bus stop shelter or bus stop bench.
(F) No person shall beg, panhandle or solicit contributions while sitting or standing on a roadway or the shoulder or median of a roadway.
(G) No person shall beg, panhandle or solicit contributions in a public place by vocal appeal or direct written appeal during the nighttime without the written permission of the property owner or person of authority.
(H) This section shall not apply to events conducted on town-owned property that have previously been approved by the Board of Commissioners.
(I) Any members of charitable, religious, civic or fraternal organizations including persons acting on their behalf shall act in accordance with divisions (C), (D), (E) and (F) of this section. Violations of these sections may result in the penalty as described in division (J) of this section.
(J) Violation of this section shall constitute a misdemeanor and shall subject the violator to a fine of not more than $50 or imprisonment for not more than 30 days.
(Ord. 14-8, passed 10-9-2014)