(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE PANHANDLING. BEGGING, CHARITABLE AND POLITICAL SOLICITATION. Includes the following forms of conduct:
(1) Confronting someone in a way that would cause a reasonable person to fear bodily harm;
(2) Accosting an individual by approaching or speaking to the individual or individuals in such a manner as to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon the individual’s person or upon property in the immediate possession of the individual;
(3) Touching someone without the individual’s consent;
(4) Using obscene or abusive language toward an individual while attempting to panhandle or solicit the individual;
(5) Forcing oneself upon the company of another by continuing to solicit in close proximity to the individual addressed after the person to whom the solicitation is directed has made a negative response, by blocking the passage of the individual solicited or otherwise engaging in conduct that could reasonably be construed as intending to compel or force a person to accede to a solicitation;
(6) Acting with the intent to intimidate someone into giving money; or
(7) Other conduct that a reasonable person being solicited would regard as threatening or intimidating in order to solicit a contribution or donation.
AREAS WITH HEIGHTENED PERSONAL PRIVACY CONCERNS. Includes the following locations:
(1) Locations within 20 feet of an automated teller machine or financial institution;
(2) Locations within 20 feet of a sidewalk café during operating hours unless the solicitor’s presence is authorized by the owner or operator of the café;
(3) Locations within 20 feet of any school building or school playground when school is in session or school related activities are taking place on the premises;
(4) Locations within 20 feet of an entrance to any public restroom; or
(5) On private or residential property after having been asked to refrain from panhandling or soliciting by the owner or other person lawfully in possession of such property.
AREAS WITH HEIGHTENED PERSONAL SECURITY CONCERNS. Includes the following locations:
(1) Areas within 20 feet of a public parking garage when a reasonable individual would have a justified reasonable concern for safety, security and welfare;
(2) Areas within 20 feet of a public bus stop or public transit entrance where a reasonable individual would have a reasonable, justified concern for personal security due to congestion and close proximity to others;
(3) Areas within 20 feet of access to building entrances, public events venues, public accommodation or commercial businesses where a reasonable person would have a reasonable, justified concern for personal security due to congestion and close proximity to others: or
(4) Other areas in which congestion could give a reasonable person a reasonable, justified concern for personal security due to congestion and close proximity to others.
AREAS WITH HEIGHTENED PUBLIC SAFETY CONCERNS. Includes the traffic or travel lane of any public streets or highways open to vehicular traffic within the city, with the definition of traffic or travel lane to include any entrances or exits from any street or highway or interstate, the shoulders, curbs, gutters, marked or unmarked crosswalks and the rights-of-way areas adjacent to and outside of the traffic or travel lanes, but not including sidewalks, and areas with heightened public safety concerns shall also include traffic medians of whatever size located within those public streets or highways.
AUTOMATED TELLER MACHINE. A device linked to a financial institution’s account record that is able to carry out transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments.
AUTOMATED TELLER MACHINE FACILITY. The area comprised of one or more automatic teller machines and any adjacent space that is made available to banking customers after regular banking hours.
FINANCIAL INSTITUTION. Any state bank, out-of-state bank, national bank, trust company or credit unions as those terms are defined in the Kentucky Revised Statutes (KRS).
PASSIVE PANHANDLING, BEGGING, CHARITABLE AND POLITICAL SOLICITATION. Includes the definition of soliciting for charitable or political purposes, begging or panhandling set out in this division (A), but only such conduct that involves requests for contributions presented in writing without speaking and oral requests for contributions or other activities that do not constitute or fall within the definition of aggressive panhandling, begging, charitable and political solicitation as defined in this division (A).
PUBLIC PLACE. Any publicly owned place, including but not limited to any sidewalk, parking lot, plaza, transportation facility, place of amusement, park, play grounds, fairgrounds and sporting facilities.
SOLICITING (SOLICIT) FOR CHARITABLE OR POLITICAL PURPOSES, BEGGING (BEG) OR PANHANDLING (PANHANDLE). Requesting an immediate donation of money or other thing of value from another person regardless of the solicitor’s purpose or intended use of the money or other thing of value for the use of one’s self or others and may be without limitation, by spoken, written or printed word, or by other means of communications and includes the purchase of an item for an amount far exceeding its value where under the circumstances a reasonable person would understand that the purchase is in substance a donation and further this definition shall include charitable and political solicitation.
(B) Aggressive solicitation prohibited. No person shall engage in aggressive panhandling, begging, charitable and political solicitation at any time or any location in the city.
(C) Passive solicitation regulated.
(1) The Board of Commissioners finds that passive panhandling, begging, charitable and political solicitation as defined in this section is speech protected under the First Amendment unless other well-grounded governmental concerns are implicated. Passive panhandling, begging, charitable and political solicitation in the traffic or travel lanes of public streets and highways or in traffic medians within those public streets or highways is inherently dangerous, is distracting to both pedestrians and drivers of motor vehicles, gives rise to an increased risk of injury to pedestrians and the motor vehicle occupants, interferes with the free flow of traffic and potentially threatens the safety and well-being of nearby third parties. The traffic or travel lanes of public streets and highways and the medians within those public streets and highways are not designed for and are not an appropriate location for anything other than travel. This section provides ample alternative sites for passive panhandling, begging, charitable and political solicitation in areas that do not give rise to enhanced public safety concerns, personal privacy concerns and personal security concerns. Accordingly, passive panhandling, begging, charitable and political solicitation is permitted in the city except as otherwise prohibited below.
(2) Passive panhandling, begging, charitable and political solicitation is prohibited in areas defined as areas with heightened personal security concerns, areas with heightened personal privacy concerns and areas with heightened public safety concerns. For the purposes of this division (C), passive panhandling, begging, charitable and political solicitation specifically includes an attempt by a pedestrian to enter into an area with heightened public safety concerns in order to exchange or attempt to exchange any item with the occupant of a motor vehicle while the vehicle is located in areas with heightened public safety concerns as defined in division (A) above and any solicitation is prohibited by both the solicitor and the occupant of the motor vehicle. Passive panhandling, begging, charitable and political solicitation is allowed on areas of sidewalks not otherwise prohibited by this section, but no such solicitation may include any attempts to solicit in areas with heightened public safety concerns.
(1984 Code, § 132.09) (Ord. O-34-19, passed 11-12-2019) Penalty, see § 132.99