§ 131.15 AGGRESSIVE AND OBSTRUCTIVE PANHANDLING.
   (A)   Definitions. The following definitions apply in this section:
      (1)    AGGRESSIVELY BEG. To beg with the intent to intimidate another person into giving money or goods.
      (2)    INTIMIDATE. To engage in conduct which would create a well-founded fear in a reasonable person or make a reasonable person feel compelled to give money or goods. Among the circumstances which may be considered in determining whether the actor intends to intimidate another person are that the actor: touches the person solicited; follows the person solicited, and persists in begging after the person solicited by the actor has given a negative response; directs profane or abusive language toward the person solicited; or uses violent or threatening gestures toward the person solicited.
      (3)    BEG. To ask or solicit for money or goods as a charity for the actor or others, whether by work, bodily gestures, signs or other means.
      (4)    OBSTRUCT PEDESTRIAN OR VEHICULAR TRAFFIC. To walk, stand, sit, lie or place an object or objects in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take unreasonable evasive action to avoid physical contact.
      (5)    PUBLIC PLACE. An area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
      (6)    UNREASONABLE EVASIVE ACTION. Causing a vehicle to depart from the lane of traffic in which it is traveling to change lanes, to straddle lanes, or to enter onto a swale to obtain passage; it also means causing a pedestrian to leave the sidewalk on which he or she is traveling or to make contact with a wall or fence bordering the sidewalk.
   (B)   Prohibited acts. A person is guilty of pedestrian interference if, in a public place, he or she intentionally:
      (1)   Obstructs pedestrian or vehicular traffic; or
      (2)   Aggressively begs.
   (C)   Permitted activities. Acts authorized as an exercise of one's constitutional First Amendment rights or one's constitutional right to picket or to legally protest, and acts authorized by a permit duly issued by a lawful authority shall not constitute a violation of this section.
(Ord. 94-62, passed 9-13-94)