(a) Definitions. For purposes of this section:
(1) "Panhandling" means any solicitation made in person upon any street, public place or park in the city, in which a person requests an immediate donation of money or other gratuity from another person, and includes but is not limited to seeking donations:
A. By vocal appeal; or
B. Where the person being solicited receives an item or service of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.
"Panhandling" shall not include the act of passively standing or sitting nor performing music, singing or other street performance with a sign or other indication that a donation is sought, without any vocal request except in response to an inquiry by another person.
(2) "Public Place" shall mean any area to which the public is invited or permitted, and includes the public way.
(3) "Automated Teller Machine" means any automated teller machine as defined by the Automated Teller Machine Security Act, 205 ILCS 695, as amended.
(4) "Bank" means any bank or financial institution as defined by the Illinois Banking Act, 205 ILCS 5, as amended.
(5) "Currency Exchange" means any currency exchange as defined by the Currency Exchange Act, 205 ILCS 405, as amended.
(b) It shall be unlawful to engage in an act of panhandling:
(1) When either the panhandler or the person being solicited is located within any of the following locations: within ten feet of a bus shelter or a posted bus stop sign; in any public transportation vehicle or public transportation facility; in a vehicle which is parked or stopped on a public street or alley; in a sidewalk café’ or restaurant; in a filling station; or within ten feet in any direction from an automatic teller machine or entrance to a bank or currency exchange; or
(2) In a manner that a reasonable person would find intimidating, including any of the following actions when undertaken in a manner that a reasonable person would find intimidating:
A. Touching the solicited person without the solicited person’s consent;
B. Panhandling a person while such person is standing in line and waiting to be admitted to a commercial establishment;
C. Blocking the path of a person being solicited, or the entrance to any building or vehicle;
D. Following behind, ahead or alongside a person who walks away from the panhandler after being solicited;
E. Using profane or abusive language, either during the solicitation or following a refusal to make a donation, or making any statement, gesture, or other communication which would cause a reasonable person to be fearful or feel compelled; or
F. Panhandling in a group of two or more persons.
(c) Any person who violates any provision of this section shall be subject to a fine of fifty dollars ($50.00) for a first or second offense within a 12-month period, and a fine of one hundred dollars ($100.00) for a third or subsequent offense within a 12-month period.
(d) The provisions of this section are declared to be separate and severable. The invalidity of any provision of this section, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances.
(Ord. 1354. Passed 5-28-08.)