(a) For the purposes of this section, the following terms shall be defined as set forth below:
(1) “Panhandle” and “Panhandling” mean to make any request in person while in a public place, for an immediate grant of money, goods or any other form of gratuity from another person(s), or to engage in such activity on private property.
However, the terms “panhandle” and “panhandling” shall not mean the act of passively standing or sitting with a sign or other indicator that a donation of money, goods or any other form of gratuity is being sought without any vocal request other than a response to an inquiry by another person.
(2) “Public place” means a publicly owned building and premises appurtenant thereto, any public park, sidewalk or other right of way open to the general public and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, skywalks and street.
(b) It is unlawful for any person to panhandle in the following places:
(1) In any public transportation vehicle or at any bus stop;
(2) Within 20 feet in any direction from an automatic teller machine or entrance to a bank;
(3) From any operator or occupant of a motor vehicle or from any person entering or exiting a motor vehicle;
(4) Within 20 feet of any crosswalk;
(5) From a person standing in line waiting to be admitted to a commercial establishment; or
(6) On private property without prior, express permission from the owner.
(c) It is unlawful for any person to panhandle after sunset or before sunrise. The times of sunset and/or sunrise shall be as published by the United States Naval Observatory.
(d) It is unlawful for any person to panhandle in an aggressive manner, including any of the following actions:
(1) Panhandling in a manner that impedes access to or from, or use of a building, vehicle or establishment;
(2) Panhandling in a manner that would alarm, intimidate, threaten, menace, harass, or coerce a reasonable person;
(3) By following behind, ahead or alongside, blocking the path or, continuing to solicit a person who walks or drives away for the person soliciting or who gives notice or demonstrates verbally or physically that such solicitation is offensive, unwelcome or that the solicitation should cease;
(4) By using profane or abusive language or gestures either during the solicitation or following a refusal, or making any statement, gesture or other communication that would cause a reasonable person to be fearful or would be perceived as a threat; or
(5) By touching the solicited person without a statement, gesture or other communication that the person being solicited consents to the touching.
(e) It is unlawful for any person to knowingly make a false or misleading representation in the course of panhandling for a donation. False or misleading representations include, but are not limited to the following:
(1) Stating that the donation is needed to meet specific need, when the person soliciting already has sufficient funds to meet that need and does not disclose that fact;
(2) Stating that the donation is needed to meet a need that does not exist;
(3) Stating that the person panhandling is from out of town and stranded, or that he or she is homeless when that is not true;
(4) Stating or representing that the person panhandling is a member of a military service when the person panhandling is neither a present nor a former member of a military service;
(5) Stating or representing that the person panhandling suffers from a mental or physical disability or deformity when the person soliciting does not suffer the disability or deformity indicated.
(f) Each section and each part of each section of this ordinance is hereby declared to be an independent section and part of a section and, notwithstanding any other evidence of legislative intent, that if any section or part of a section, or any provision thereof, or the application thereof to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those to whom it is held invalid, shall be affected thereby, and it is hereby declared to be the legislative intent that the provisions of this ordinance would have been adopted independently of such section, sections or parts of a section so held invalid.
(g) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 2007-5. Passed 4-23-07.)