(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. Nothing in this section shall prohibit a person from 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 or bus shelter;
(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;
(5) On any private property in which there is any type of written notice prohibiting solicitation and/or panhandling;
(6) Within 25 feet of any pedestrians waiting in line for service or waiting in line for an event;
(7) Within 25 feet of any pedestrians waiting in line to obtain access to a building;
(8) Within 25 feet of any entrance or exit of the building for any check cashing business, bank, credit union, or savings and loan during the hours of operation of any of these businesses;
(9) Within 25 feet of any automated-teller machine
(10) In any vehicle within the right-of-way;
(11) In any public transportation vehicle or any public transportation facility;
(12) Within 25 feet of the right-of-way;
(13) Within 25 feet of the entrance or exit of any public facility;
(14) On public property within 25 feet of an entrance to a building;
(15) On public property within 25 feet of an entrance to a parking lot;
(16) On a public street, by intentionally or recklessly blocking the safe or free passage of a person or vehicle;
(17) From any operator or occupant of a motor vehicle or from any person entering or exiting a motor vehicle; or
(18) Within fifty (50) feet of any intersection in the City that is listed on the latest published "Richland County Intersection Priority List" as published by the Richland County Regional Planning Commission.
(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;
(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; or
(4) In any type of aggressive manner.
(d) No person shall knowingly make any false or misleading representation in the course of panhandling so that a reasonable person with normal sensibilities would rely on that false or misleading representation to give the individual the donation to remediate the false or misleading representation. False or misleading representations include, but are not limited to, the following:
(1) Stating, or implying, 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, or implying, that the donation is needed to meet a need which does not exist;
(3) Stating, or implying, 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) No person, while standing on public property, may direct another onto private property for the purpose of the directed individual giving the panhandler a donation without the panhandler having the express consent of the property owner to do so.
(g) 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.
(h) Permit Required.
(1) No person shall panhandle on five or more days in a single calendar year without a permit issued by the police department. A person who has been issued a permit shall keep it on his person at all times while panhandling and show it to any peace officer upon request. No person whose permit has been revoked shall panhandle for a period of two years following the revocation.
(2) The police department shall issue the permit, without fee, to any eligible person who presents himself at the police station, states his true name and valid home address, presents a photo identification or signs a declaration under penalty of perjury that he has no such identification, and permits himself to be photographed and fingerprinted, which shall be kept with the permit.
(3) A person is ineligible for a permit if and only if within the past five years he (i) has been convicted of two or more violations of this chapter, (ii) has had a permit revoked pursuant to subdivisions (5) or (6) of this section, (iii) has been found guilty of committing, in the past ten (10) years, a misdemeanor or felony drug offense found under ORC §2925, or like municipal ordinance, (iv) has been found guilty of committing, in the past ten (10) years, a misdemeanor or felony offense found under ORC §§2903, 2905, 2907, 2911, or 2913, or like municipal ordinance or (v) has been convicted of two or more offenses under the law of any jurisdiction which involve aggressive or intimidating behavior while panhandling or false or misleading representations while panhandling.
(4) If the police department is unable to determine eligibility within 24 hours of the application, the department shall issue a permit good for 30 days and determine eligibility for a regular permit before the temporary permit expires. The regular permit shall expire three years from the date of issuance. Along with the permit, the police department shall give the applicant a copy of this chapter.
(5) No person, in the process of applying for a permit, shall make any false or misleading representation.
(6) If a permit is issued to a person under this section and that person subsequently commits and is convicted of a violation of any provision of this chapter, the police department shall revoke the permit.
(i) Whoever violates any provision of this section is guilty of a misdemeanor of the fourth degree. Each subsequent of violation of any section of this Ordinance within a 1 year time frame shall be a misdemeanor of the next highest degree than was previously charged with the highest charge being a 1st degree misdemeanor. Further, the police department shall revoke any permit issued to the defendant under this section.
(Ord. 17-28. Passed 9-6-17.)