(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) The words “panhandling” or “begging” are used interchangeably, a purpose of which is to obtain a contribution of money or goods for the principal benefit of the person making the solicitation.
(2) The word “aggressive” refers to:
(a) Continuing to solicit near the individual addressed after the person to whom the solicitation is directed has made a negative response, either verbally, by physical sign, by attempting to leave the presence of the person soliciting, or by other negative indication; and/or
(b) Any physical contact with another person without consent; and/or
(c) By blocking the path of a person being solicited or blocking the entrance or exit to any building or vehicle; and/or
(d) By or with the use of any abusing language, word, gesture, or act intended to cause a reasonable person to be fearful of the solicitor or feel compelled to accede to the solicitation.
(3) “Public place” and “place open to the public” mean an area generally visible to public view and include streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, public transportation, buildings open to the general public including those which serve food or drink or provide entertainment, and the doorways or entrances in buildings and their grounds.
(B) Purpose. The purpose of this section is to ensure unimpeded pedestrian and vehicle traffic flow, to maintain and protect the well-being of pedestrians and to otherwise foster a harassment-free climate in public places.
(C) Rules and regulations.
(1) It shall be unlawful for any person to panhandle or beg as defined in § 96.12 within the city without first obtaining a “Panhandler’s Permit” from the Chief of Police or designee. Such permit is valid for one year only and must be renewed annually.
(2) It shall be unlawful for any type of panhandling or begging within the following prohibited areas and/or times:
(a) Within 100 feet of any financial institution and/or automated teller machine;
(b) Within 20 feet of any bus stop, train station, or taxi stand;
(c) Within 20 feet of any commercial establishment which is open for business;
(d) Within 20 feet of any outdoor dining area during operation;
(e) Within DOT or city right-of-ways, excluding sidewalks; and
(f) Between the hours of 8:00 p.m. and 8:00 a.m.
(3) In accordance with G.S. § 160A-179, it shall be unlawful for any person to aggressively panhandle or beg for money or goods from another in a public place or in a place open to the public. The offering of items of nominal value, such as pencils, chewing gum, and the like for a donation shall not make the conduct lawful.
(D) Exceptions. The conduct prohibited does not include solicitations made by authorized representatives of not-for-profit corporations, organizations or groups in order to obtain funds designed principally to further the purpose of such not-for-profit corporations, organizations or groups provided proper identification such as signs, vests, badges and the like, are clearly visible to the general public naming the not-for-profit corporations, organizations or groups.
(E) Opportunity to stop the prohibited activity.
(1) No arrest shall be made for an initial violation of this section unless the arresting officer first affords a person an opportunity to stop the conduct that violates division (C). After being warned that aggressive panhandling or begging is illegal within the city limits of Goldsboro, a police officer will issue a panhandling warning ticket to the individual. A copy of this ticket will be maintained by the Goldsboro Police Department for documentation purposes. If after being warned the panhandler does not cease these activities or if an officer observes a person who has been duly warned conducting aggressive panhandling activities again within the city limits, that individual shall be immediately arrested.
(2) If a complaint is registered with the police department by a private citizen and the complainant formally identifies the person accused of aggressive panhandling or begging activities, a panhandling warning ticket will be issued to that individual. If the person accused of aggressive panhandling or begging by a private citizen has previously been duly warned of the illegality of this activity, that person will be arrested if the complaining citizen files appropriate charges or agrees to serve as a witness.
(F) Severability. If any portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable, and such holding shall affect the validity of the remaining portions hereof.
(Ord. 2004-97, passed 12-6-04; Am. Ord. 2005-64, passed 7-5-05; Am. Ord. 2022-66, passed 12-5-22)