(A) Intent. The purpose of this section is to regulate, and ensure, the safety of vehicular and pedestrian traffic flow, and to promote roadway safety and sidewalk safety, and promote, protect, and preserve the health, safety, and general welfare of the people of the town, and to help regulate public begging. The provisions of this section shall not apply to bona fide members of charitable, religious, educational, civic, or fraternal organizations.
(B) Time. Any person who begs, or solicits, alms for his or her own personal gain after sunset, or before sunrise, is guilty of a misdemeanor. Any person who begs, or solicits, alms for his or her own personal gain in a school zone during the time of arrival of students at the beginning of the school day, and/or during the time of the departure of students at the end of the school day, is guilty of a misdemeanor.
(C) Place. Any person who begs, or solicits, alms for his or her own personal gain when the person is in any of the following places is guilty of a misdemeanor:
(1) In any vehicle on the street;
(2) On private property, unless the person has written permission from the owner of the property to beg, or solicit alms, on the property;
(3) On any sidewalk adjacent to a restaurant, a place of business, any valid licensed vendor location, or where a line of patrons has formed;
(4) At any road intersection or controlled access highway;
(5) On any town-owned property during hours of operation;
(6) Within 50 feet in any direction from an automatic teller machine, or entrance to a bank;
(7) Within 20 feet of any crosswalk; or
(8) While under the influence of alcohol, or after having illegally used any controlled substance, as defined in the State Controlled Substance Act, being G.S. §§ 90-86 et seq.
(D) Manner. Any person who begs, or solicits, alms for his or her own personal gain in any of the following manners is guilty of a misdemeanor:
(1) By coming within three feet of the person being solicited, until that person has clearly indicated that he or she wants to make a donation;
(2) By blocking the path of the person being solicited along a sidewalk or street;
(3) By following the person being solicited after they have walked away;
(4) By using profane or abusive language, either during the solicitation, or following a refusal;
(5) By soliciting in a group of two, or more, people; or
(6) By any statement, gesture, or other form of communication by which a reasonable person in the situation of the person solicited would perceive to be a threat.
(E) False or misleading solicitation.
(1) Any person who knowingly makes any false, or misleading, representation in the course of soliciting a donation, or begging for alms, is guilty of a misdemeanor.
(2) False or misleading representations include, but are not limited to the following:
(a) Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;
(b) Stating that the solicitor is from out of town and stranded, when that is not true;
(c) Wearing a military uniform, or other indication of military service, when the solicitor is neither a present, nor former, member of the service indicated;
(d) Wearing, or displaying, an indication of physical or mental disability, when the solicitor does not suffer the disability indicated;
(e) Use of any makeup, or device, to simulate any deformity; or
(f) Stating that the solicitor is homeless, when he or she is not.
(F) Violations. This section establishes a single offense. Evidence which establishes that the defendant violated this section is sufficient for conviction, and need not establish which division was violated. Any violation of this article shall be a misdemeanor, and may be enforced by any one, or more, of the remedies authorized by the provisions of G.S. § 14-4 or G.S. § 160A-175, with a maximum fine of $500 for each offense.
(Ord. 22-2015, passed 10-19-2015)