(A) Definitions. For the purpose of this section, the following term shall have the meaning given herein.
PANHANDLING. Any begging or solicitation made in person, requesting an immediate donation of money or asking for any item of value; attempting to sell or obtain compensation for an item or service for an amount that is at least twice its value, or an item or service that is already offered or available at no charge to the general public; or attempting to sell or obtain compensation for an item or service under circumstances that would lead a reasonable person to conclude that the payment is in substance a donation.
(a) PANHANDLING may include approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic.
(b) This section is intended to protect citizens from the disruption, fear and intimidation accompanying certain kinds of solicitation and not to limit constitutionally protected activity.
(c) PANHANDLING shall not include the act of passively standing, sitting, or engaging in a performance of art 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.
(d) The provisions of this section do not apply to a person representing a bona fide charitable organization.
(B) It shall be unlawful to engage in an act of panhandling in any public place; on any public street, sidewalk, or in any park, playground, recreational or entertainment facility, government building or transportation facility or in any place of business.
(C) Any person who shall violate the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished according to law.
(Ord. 634, passed 1-27-2014)