(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.
(a) Panhandling which is accompanied by one or more of the following:
1. Approaching, speaking to or following a person in such a manner as would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person, or upon property in the person’s immediate possession;
2. Touching another person in the course of panhandling without that person’s consent;
3. Repeatedly panhandling from a person, or following the person, after the person has made a negative response; and/or
4. Intentionally blocking or interfering with the safe passage of a person or a vehicle by any means, including unreasonably causing a person to take evasive action to avoid physical contact.
(b) AGGRESSIVE PANHANDLING does not include passively panhandling without engaging in the acts specified in this section.
PANHANDLING. Any act by which one person asks, begs or solicits from another or other in person, by requesting an immediate donation of money or other thing of value. PANHANDLING includes the spoken, written or printed word or any other act conducted with the purpose of obtaining an immediate donation of money or thing of value.
(B) Aggressive panhandling prohibited. It is unlawful for any person to engage in aggressive panhandling in any place open to the general public.
(C) Panhandling prohibited in specific locations. It is unlawful for any person to engage in panhandling:
(1) Within ten feet of any automatic teller machine (ATM);
(2) In any public transportation vehicle or at any bus or train station;
(3) Within ten feet of any official sign indicating a bus stop; or
(4) On private property or residential property, if the owner, tenant or occupant has asked the person not to panhandle on the property or has posted a sign prohibiting soliciting.
(D) Panhandling prohibited from operator or occupant of motor vehicle. It is unlawful for any person to engage in panhandling from any operator or occupant of a motor vehicle in a lane of traffic on a public street.
(Ord. 03-09-02, § 5-4, passed 9-23-2003)
Cross-reference:
For fine, see § 35.01