(a) Jurisdiction.
(1) This section is effective throughout the incorporated boundaries of the territory of the City of Dunbar, Kanawha County, West Virginia.
(2) The Municipal Court of the City and the Circuit Court of Kanawha County shall have concurrent jurisdiction with respect to misdemeanors under this section.
(b) Definitions.
(1) “Panhandle” means to directly or indirectly request money or anything of monetary value as a donation or in exchange for an item of little or no monetary value which would cause a reasonable person to understand that the transaction constitutes a donation, with the intent to immediately obtain the donation, regardless of whether the request is indicated verbally, in writing or by any other action.
(2) “Roadway” means any controlled access highway, non-controlled access highway, state highway, county highway, street, avenue, alleyway, sidewalk, berm, shoulder or right-of-way that is ordinarily open to the public for vehicular or pedestrian traffic.
(c) Prohibitions.
(1) It is unlawful for any person to panhandle on, in or along a roadway or on, in or along the public means of ingress and egress from a roadway onto private property unless:
A. The person possesses and maintains on his or her person a valid "Panhandling Permit" issued by the Dunbar City Clerk's Office,
B. The person possesses and maintains on his or her person his or her photo-identification issued by the State of West Virginia or any other state.
C. It is unlawful for any person, regardless of whether he or she possesses a valid "Panhandling Permit", to intentionally block or interfere with the safe passage of a person or vehicle or vehicle while panhandling.
D. It is unlawful for any person to panhandle on private property after the owner or lawful possessor of the property gives the person verbal or written notice that panhandling is prohibited on the property.
(d) Permit.
(1) Any person wishing to panhandle along the roadway in the City of Dunbar may obtain a "Panhandling Permit "therefor from the Dunbar City Clerk's Office, Provided that no person may apply for a permit under this Ordinance more than twice in a six-month period.
(2) The permit shall authorize panhandling along the roadway for one day or no longer than twenty-four hours.
(3) The applicant must submit, in person, his or her application to the Clerk's Office no later than one day prior to the date designated for panhandling, and no earlier than one week prior thereto. However, the Clerk's Office may, in emergency circumstances where the applicant shows good cause, grant a permit to take effect regardless of this provision.
(4) At the time of submission, the applicant must show his or her photo identification issued by the State of West Virginia or any other State.
(5) Upon issuance, the permit must state upon its face the name of the sole person or persons authorized to panhandle along the roadway, and the date, time and location during which the panhandling is allows. The permit is non-transferable.
(6) The person granted the permit must carry both the permit issued by the Dunbar City Clerk's Office and a photo-identification issued by the State of West Virginia or any other State, at all times while panhandling. If asked by any law enforcement officer to show a valid permit and his or her photo-identification.
(e) Penalties. It is a misdemeanor for any person to violate any provision of subsection (c) hereof.
(1) For a first offense, the possible penalty is a fine not more than one hundred dollars ($100.00).
(2) For a second offense, the possible penalty is a fine not more than three hundred dollars ($300.00).
(3) For a third offenses, the possible penalty is a fine not more than five hundred dollars ($500.00) and up to thirty (30) days in jail.
Any violation of this section also constitutes a public nuisance.
(f) Enforcement. This section may be enforced by any law enforcement agency, including but not limited to, the Dunbar City Police, Sheriff, State Police or State Department of
Natural Resources.
(g) Severability. If any clause, paragraph, subparagraph, section or subsection of this section is held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of the section shall not be affected thereby, but shall remain in full force and effect.
(h) Effective Date. This section is effective upon passage.
(Ord. 786. Passed 6-6-20.)