(A) Definitions. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE SOLICITATION (SOLICIT)
or
AGGRESSIVE PANHANDLING (PANHANDLE)
. For purposes of this subsection are interchangeable and shall mean requesting an immediate donation of money or other thing of value from another person regardless of the solicitor's purpose or intended use of the money or other thing of value, in one of the following manners: in a way that creates a reasonable fear of imminent bodily harm, using obscene/profane/ abusive language, intimidating a person, threatening a criminal act, approaching a person before sunrise or after sundown, following a person who has refused to donate, asking again of a person who has refused to donate, blocking or impeding a pedestrian path or entrance, approaching a person in a group of two or more persons, within six feet from the edge of a freeway entrance or exit ramp, or approaching a person for donations while under the influence of alcohol or drugs. Such definition does not include standing passively, sitting, or performance art or a sign or other silent indicia that a donation is being sought, except when said indicia occurs within six feet from the edge of a freeway entrance or exit ramp.
AUTOMATED TELLER MACHINE
. A device linked to a financial institution's account record which is able to carry out transactions, including but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
AUTOMATED TELLER MACHINE FACILITY
. The area comprised of one or more automatic teller machines and any adjacent space which is made available to banking customers after regular banking hours.
FINANCIAL INSTITUTION
. Any state bank, out-of-state bank, national bank, trust company, or credit union as those terms are defined in state law.
PUBLIC PLACE.
A place to which the public or a substantial group of persons has access, including but not limited to any street, sidewalk, highway, parking lot, plaza, transportation facility, school, place of amusement, park, playgrounds, fairgrounds, and sporting facilities.
SOLICITING (SOLICIT)
or
PANHANDLING (PANHANDLE)
. For purposes of this section, are interchangeable and mean requesting an immediate donation of money or other thing of value from another person regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be without limitation, by the spoken, written, or printed word, or by other means of communication. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a solicitation for the purpose of this chapter.
(B) Prohibitions. No person shall engage in panhandling or aggressive panhandling in any of the following circumstances:
(1) No person shall engage in aggressive panhandling, as defined under this section, at any time in any public place.
(2) On private or residential property after having been asked to refrain from panhandling or aggressive panhandling by the owner or other person lawfully in possession of such property.
(3) Within 20 feet of an automated teller machine, provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility.
(4) When a person is an operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public parking space, or directing the operator or occupant to a public parking space.
(5) When a person is an operator or occupant of a motor vehicle on a public street, regardless if said vehicle is in motion, parked, or stopped.
(6) In any public transportation vehicle or facility, or within 20 feet of any bus stop, or in any public parking lot or structure.
(7) Within 20 feet of any outdoor dining area or outdoor merchandise area, if such areas are in active use at the time.
(8) Within 20 feet of any school building or school playground when school is in session or school related activities are taking place on the premises.
(9) Within 20 feet of an entrance to any public restroom.
(10) Within a crosswalk, street, road, or highway.
(11) In a manner that impedes or blocks the flow of pedestrian traffic on a sidewalk or public right-of-way.
(12) Within 20 feet of entry or exits of a public entertainment venue.
(C) Severability. Each section and provision of this section is hereby declared to be independent sections and provisions and, not withstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of said section, or the application thereof to any person or circumstance, is held to be invalid, the remaining sections or provisions and the application of such sections or provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently of such section or provision so known to be invalid.
(D) Penalties. Each act of panhandling prohibited by this section shall constitute a separate offense and be punishable by a fine in an amount not to exceed $25. A third violation of panhandling, as defined by this section, within a 12-month period, may result in a monetary fine not to exceed $250. In lieu of a $250 fine levied under this section, code enforcement may waive said fine in exchange for community service. Each act of aggressive panhandling prohibited by this section shall constitute a separate offense and shall be punishable by a fine in an amount not to exceed $250.
(Ord. G-14-01, passed 1-6-2014)