(A) Definitions: For the purposes of this section, the following definitions shall apply:
AUTOMATED TELLER MACHINE: Means any automated teller machine as defined by the Automated Teller Machine Security Act, 205 Illinois Compiled Statutes 695/1 et seq., as amended.
BANK: Means any bank or financial institution as defined by the Illinois Banking Act, 205 Illinois Compiled Statutes 5/1 et seq., as amended.
PANHANDLING: Means a verbal request made in person upon any street, public place, or park in the City for an immediate donation of money or other thing of value, including a request to purchase an item or service of little or no monetary value in circumstances where a reasonable person would understand that the purchase is in substance a donation. Panhandling does not include the act of passively standing, sitting, or engaging in a musical performance or other street performance with a sign or other indication that donations are being sought, without any verbal request for a donation other than in response to an inquiry by another person. Nothing in this section shall be construed to permit any loud and raucous noise currently prohibited by this Code.
Panhandling also means panhandling in a group of two (2) or more persons or panhandling accompanied by any of the following actions:
1. Touching another person without that person's consent;
2. Blocking the path of the person solicited or blocking the entrance to any building or vehicle;
3. Continuing to solicit or to request a donation from a person after that person has refused an earlier request;
4. Following or remaining alongside a person who walks away from the panhandler after being solicited;
5. Making any statement, gesture, or other communication that would cause a reasonable person to feel threatened or to feel compelled to make a donation; or
6. Using profane or abusive language during the solicitation or following a refusal to make a donation.
(B) Prohibitions: No person shall engage in aggressive panhandling. No person shall engage in panhandling when the person solicited is located:
1. Within twenty feet (20') of an automated teller machine (ATM) or entrance to a bank, other financial institution, or check cashing business; or
2. On private property, if the owner, tenant, or occupant has asked the person not to panhandle on the property or has posted a sign prohibiting soliciting.
(C) Penalty: Any person who commits an act prohibited by this section shall be subject to a fine as provided in the minimum fine schedule for certain violations found in section 1-4-1 of this Code adopted by the City Council by ordinance. The Circuit Court may enjoin the person from committing further violations of this section. Each violation of this section shall constitute a separate offense. (Ord. 835, 11-20-2017)