509.10 UNLAWFUL PANHANDLING AND FRAUDULENT SOLICITATIONS.

   (a)   For purposes of this section, “panhandling” means any solicitation made in person requesting an immediate donation of money. A donation shall be considered as the purchase of an item for an amount exceeding its value, under circumstances where a reasonable person would understand that the purchase is, in substance, a donation. “Panhandling” does not include passively standing or sitting with a sign or other nonverbal indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person.

   (b)   No person shall panhandle at any of the following locations:

      (1)   At any bus stop;

      (2)   In a public transportation vehicle or facility;

      (3)   In a vehicle on the street;

      (4)   On private property, unless the panhandler has written permission from the owner or occupant; or

      (5)   At any ATM machine.

   (c)   No person shall panhandle on any street, sidewalk, public right of way, or public property by:

      (1)   Blocking the path of the person asking for the donation;

      (2)   Following a person who walks away from the panhandler; or

      (3)   Making any statement, gesture or other communication by which the panhandler knowingly causes another to believe that the panhandler will cause or threaten to cause harm to the person or their property.

   (d)   No person shall knowingly make any false or misleading representation in the course of panhandling. False or misleading representations include, but are not limited to, the following:

      (1)   Stating that the donation is needed to meet a specified need, when the panhandler 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 which does not exist;

      (3)   Stating that the panhandler is from out of town and stranded, when that is not true;

      (4)   Wearing a military uniform or other indication of military service, when the panhandler is neither a present nor a former member of the service indicated;

      (5)   Wearing or displaying an indication of physical disability, when the panhandler does not suffer the disability indicated;

      (6)   Use of make-up or any device to simulate any deformity; or

      (7)   Stating that the panhandler is homeless, when that is not true.

   (e)   No person shall panhandle stating that the donation is needed for a specific purpose and then spend the donation received for a different purpose.

   (f)   This section shall in no way be interpreted to prohibit the solicitation of donations by members of any schools, civic organizations or other nonprofit organizations soliciting donations by legitimate means and for legitimate purposes.

   (g)   Whoever violates any provision of this section is guilty of a misdemeanor of the fourth degree.

(Ord. 02-292. Passed 11-5-02.)