(A) It shall be unlawful for any person to beg if such begging occurs:
(1) Any time from one-half hour after sunset to one-half hour before sunrise;
(2) In a manner that involves the person begging knowingly engaging in conduct toward the person solicited that is intimidating, threatening, coercive, or obscene and that causes the person solicited to reasonably fear for his or her safety;
(3) In a manner that involves the person begging knowingly directing fighting words to the person solicited;
(4) In a manner that involves the person begging knowingly touching or grabbing the person solicited;
(5) In a manner that involves the person begging knowingly continuing to request the person solicited for a gift of money or thing of value after the person solicited has refused the beggar’s initial request;
(6) In a manner that involves the person begging knowingly soliciting an at-risk person;
(7) On a sidewalk or other passageway in a public place used by pedestrians, and is done in a manner that obstructs the passage of the person solicited or that requires the person solicited to take evasive action to avoid physical contact with the person begging or with any other person;
(8) Within 100 feet of an automatic teller machine;
(9) In a parking garage, parking lot, or other parking facility; or
(10) When the person solicited is entering or exiting a parked motor vehicle, in a motor vehicle stopped on a street, or present within the patio or sidewalk serving area of a retail business establishment that serves food and/or drink.
(B) As used in this section, the following terms shall have the meanings ascribed to them in this division (B).
AT-RISK PERSON. A natural person who is 60 years of age or older, under 18 years of age, or who is a person with a disability. A person with a disability shall mean, for purposes of this section, a person of any age who suffers from one or more substantial physical or mental impairments that render the person significantly less able to defend against criminal acts directed toward such person than he or she would be without such physical or mental impairments. A substantial physical or mental impairment shall be deemed to include, without limitation, the loss of, or the loss of use of, a hand or foot; loss of, or severe diminishment of, eyesight; loss of, or severe diminishment of, hearing; loss of, or severe diminishment of, the ability to walk; and any developmental disability, psychological disorder, mental illness, or neurological condition that substantially impairs a person’s ability to function physically or that substantially impairs a person’s judgment or capacity to recognize reality or to control behavior.
BEG. To knowingly approach, accost, or stop another person in a public place and solicit that person, whether by spoken words, bodily gestures, written signs, or other means, for a gift of money or thing of value.
KNOWINGLY. With respect to the conduct or circumstances described in this section, that a person is aware that such person’s conduct is of that nature or that the circumstances exist. With respect to a result of such conduct, this means that a person is aware that such person’s conduct is practically certain to cause the result.
OBSCENE. A blatantly offensive description of an ultimate sexual act or solicitation to commit an ultimate sexual act, whether or not such ultimate sexual act is normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.
OBSTRUCT. To render impassible or to render passage unreasonably inconvenient or hazardous.
(Ord. 3874, passed - -2005)