(A) Definitions.
“AGGRESSIVE SOLICITATION (SOLICIT) or AGGRESSIVE PANHANDLING (PANHANDLE).” Are interchangeable and shall mean requesting an immediate donation of money or other thing of value from another person regardless of the solicitor's purpose or intended use of the money or other thing of value, in one of the following manners: in a way that creates a reasonable fear of imminent bodily harm, using obscene/profane/abusive language, intimidating a person, threatening a criminal act, approaching a person before sunrise or after sundown, following a person who has refused to donate, asking again of a person who has refused to donate, blocking or impeding a pedestrian path or entrance, approaching a person in a group of two or more persons, within six feet from the edge of a freeway entrance or exit ramp, or approaching a person for donations while under the influence of alcohol or drugs. Such definition does not include standing passively, sitting or performance art or a sign or other silent indicia that a donation is being sought, except when said indicia occurs within six feet from the edge of a freeway entrance or exit ramp.
“AUTOMATED TELLER MACHINE.” A device, linked to a financial institution's account record which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
“AUTOMATED TELLER MACHINE FACILITY.” The area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
“FINANCIAL INSTITUTION.” Any state bank, out-of-state bank, national bank, or trust company, as those terms are defined in KRS 287.010, or credit union, as defined in KRS 290.005.
“PUBLIC PLACE.” A place to which the public or a substantial group of persons has access, including but not limited to any street, sidewalk, highway, parking lot, plaza, transportation facility, school, place of amusement, park, playgrounds, fairgrounds and sporting facilities.
“SOLICITING (SOLICIT) or PANHANDLING (PANHANDLE).” For purposes of this section are interchangeable and mean requesting an immediate donation of money or other thing of value from another person regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be without limitation, by the spoken, written, or printed word, or by other means of communication. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a solicitation for the purpose of this chapter.
(B) Disorderly Conduct. It shall be unlawful for any person within the city to violate any of the following divisions of this section:
(1) No person when in a public place and with intent to cause public inconvenience, annoyance or alarm, or wantonly creating a risk thereof, shall:
(a) Engage in fighting or in violent, tumultuous or threatening behavior;
(b) Make unreasonable noise;
(c) Refuse to obey an official order to disperse, issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
(d) Create a hazardous or physically offensive condition by any act that serves no legitimate purpose.
(2) No person, with intent to harass, annoy or alarm another person, shall:
(a) Strike, shove, kick or otherwise subject another to physical contact or attempt or threaten to do the same;
(b) Follow a person in or about a public place or places; or
(c) Engage in a course of conduct or repeatedly commit acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
(3) No person shall throw any stone, snowball, or any missile on or at any vehicle, building, tree, or other public or private property, or at any person in any public or private way or place or enclosed or unenclosed ground;
(4) No person shall throw any stone, snowball, or any other missile from any vehicle, either moving, stopped, or parked, on or at any building, tree, sign, or other public private property, or on or at any person in any public or private way or place or enclosed or unenclosed ground;
(5) No person shall loiter or remain in a public place for the purpose of unlawful gambling, except that the provisions of this section shall not apply if the person is participating in charitable gaming defined by KRS 238.505;
(6) No person shall loiter or remain in a public place for the purpose of unlawfully using a controlled substance;
(7) No person shall loiter or remain in a school, college or university building or grounds, not having any reason or relationship involving custody of or responsibility for a pupil or student or any other specific legitimate reason for being there and not having written permission from anyone authorized to grant same;
(8) No person shall loiter or remain in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade or commercial transactions involving the sale of merchandise or services;
(9) No person shall appear in any public place with intent to obtain money from other persons by any illegal or fraudulent scheme, trick, artifice, or device;
(10) No person shall make an appointment, solicit, offer, or agree to commit any act of prostitution, or aid, abet, allow, permit, or participate in the commission of such act or acts;
(11) No person shall appear in any house or other establishment of prostitution, or any place where unlawful gaming is being engaged in or the illegal sale or possession of alcoholic beverages or unlawfully used controlled substances is practiced, allowed, or tolerated;
(12) No person shall disrupt any meeting or procession or gathering, when, with intent to prevent or disrupt a lawful meeting, procession or gathering, he does any act tending to obstruct or interfere with it physically or makes any utterance, gesture or display designed to outrage the sensibilities of the group;
(13) No person shall unlawfully congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuses to clear the public way when told to do so by a member of the Shively Police Department or other lawful authority;
(14) No person shall refuse or fail to comply with any lawful order, signal, or direction of a police officer in the control of vehicular traffic;
(15) No person shall physically hamper, obstruct, impede, or interfere with any member of the Shively Police Department while in the discharge or apparent discharge of his or her lawful duties;
(16) No person shall obstruct any firefighter or any member of the Shively Fire Department while in the discharge or apparent discharge of his or her duty or in any way hamper, impede, or interfere with him or her in the discharge of his or her duty;
(17) No person shall urinate or defecate on any sidewalk, street, or floor in public buildings or on any other public place within the city;
(18) No person shall occupy, lodge, or sleep in any vacant or unoccupied barn, garage, shed, shop, or other building or structure, or in any automobile, truck, railroad car, or other vehicle, without owning it or without permission of the owner or person entitled to possession of it, or sleep in any vacant lot, or in any alley, street, or on any sidewalk, or under any bridge, or in any park or other public property during the hours of darkness; and/or
(19) No person over 14 years of age shall assume a mask, false face, cover or partial cover, or other apparel with intent to conceal his identity or counterfeit another with the intent to prevent disclosure or recognition in any public street or other public place.
(C) Aggressive Panhandling. No person shall engage in panhandling or aggressive panhandling in any of the following circumstances:
(1) In a menacing manner in any public place as prescribed by KRS 508.050. No person shall engage in aggressive panhandling, as defined under this section, at any time in any public place;
(2) On private or residential property after having been asked to refrain from panhandling or aggressive panhandling by the owner or other person lawfully in possession of such property;
(3) Within 20 feet of an automated teller machine. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility;
(4) When a person is an operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public parking space, or directing the operator or occupant to a public parking space;
(5) When a person is an operator or occupant of a motor vehicle on a public street unless doing so in accordance with all applicable statutes and ordinances regardless if said vehicle is in motion, parked or stopped;
(6) In any public transportation vehicle or facility, or within 20 feet of any bus stop, or in any public parking lot or structure;
(7) Within 20 feet of any outdoor dining area or outdoor merchandise area, if such areas are in active use at the time;
(8) Within 20 feet of any school building or school playground when school is in session or school related activities are taking place on the premises;
(9) Within 20 feet of an entrance to any public restroom;
(10) Within a crosswalk, street, road, or highway, unless doing so in accordance with all applicable statutes and ordinances;
(11) In a manner that impedes or blocks the flow of pedestrian traffic on a sidewalk or public right-of-way; and/or
(12) Within 20 feet of entry or exits of a public entertainment venue.
(D) Penalties.
(1) Any person who violates any subsection of this section shall be charged with the offense of disorderly conduct, and on conviction thereof, shall be found guilty of disorderly conduct. The penalty for violation of this section shall be up to a $250 fine and/or 90 days in jail.
(2) Each act of panhandling prohibited by this section shall constitute a separate offense, and be punishable by a fine in an amount not to exceed $25. A third violation of panhandling, as defined by this section, within a 12-month period, may result in a monetary fine not to exceed $250. In lieu of a $250 fine levied under this section, Jefferson District Court may waive said fine in exchange for community service. Each act of aggressive panhandling prohibited by this section shall constitute a separate offense, and shall be punishable by a fine in an amount not to exceed $250, or imprisonment for a period not to exceed 90 days, or both.
(3) Violations of this chapter shall be prosecuted in proceedings by the Jefferson District Court.
(Ord. 5-2015, passed 12-7-15)