(A) It shall be unlawful for any person to engage in an act of panhandling when either the panhandler or the person being solicited is located in any of the following places within the corporate limits of the Village of Schiller Park, Illinois, said places having been determined to be nonpublic forums for the purposes of analysis under the First Amendment to the United States Constitution:
(1) Within any bus or train stop or shelter that is enclosed on at least three (3) sides;
(2) In any public transportation vehicle or facility;
(3) On private property, unless the panhandler has permission from the owner or occupant;
(4) In a parking lot or garage owned or operated by the Village, including entryways or exits connected therewith;
(5) In a sidewalk cafe, restaurant, or outdoor seating area that has been issued a license by the Village to operate within the public right- of-way;
(6) In a "roadway", as defined in this chapter, where the person engaged in the act of panhandling enters into a roadway panhandling for the immediate receipt of funds from the occupant of a vehicle; or
(7) Within 20 feet in any direction from an automatic teller machine or entrance to a bank.
(B) It shall be unlawful for any person to engage in an act of aggressive panhandling, which includes any of the following actions when undertaken in a manner that a reasonable person would find intimidating:
(1) Knowingly approaching within five feet of the person solicited or intentionally touching or causing physical contact with the person solicited without the solicited person's consent before, during, or immediately after making such solicitation;
(2) Intentionally blocking the passage of the person solicited, or blocking the entrance to any building or vehicle, before, during, or immediately after making such solicitation;
(3) Using profane, abusive, or personally threatening language, either before, during, or immediately after making an in-person solicitation;
(4) Making any statement, gesture, or other communication that would cause a reasonable person in the situation of the person solicited to be fearful that they would be subjected to an unwanted physical touching or harm to their person or their personal property;
(5) If in a group of two (2) or more persons, panhandling while any other person in the group engages in any of the acts described in subsections (B)(1) to (B)(4) of this section.
(C) It shall be unlawful for any person to knowingly make any false or misleading representation in the course of soliciting a donation for the immediate receipt of funds with the intent that the listener believe and rely on the representation in determining whether to make a donation. False or misleading representations include, but are not limited to, the following:
(1) Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;
(2) Stating that the donation is needed to meet a need which does not exist;
(3) Stating that the solicitor is from out of town and stranded, when such is not true;
(4) Wearing a military uniform or other indication of military service, when the solicitor is neither a present nor former member of the service indicated;
(5) Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated;
(6) Use of any makeup or device to simulate any deformity;
(7) Stating that the solicitor is homeless, when he or she is not; or
(8) Stating that the funds are needed for a specific purpose and then spending the funds received for a different purpose.
(Ord. 18-4048, passed 2-15-18)