(1) "Aggressively beg" means to beg with the intent to intimidate another person into giving money, goods, or other property of value.
(2) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled.
(3) "Beg" means to ask for money, goods, or other property of value as a charity, whether by words, bodily gestures, signs or other mean.
(4) "Pedestrian or Vehicular traffic Interference" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or vehicle to take evasive action to avoid physical contact, or hindering or preventing the movement of persons or vehicles on a public street, road, highway or right of way, or to, from, within or upon public or private property, so as to interfere with the rights of others and by any act that serves no lawful and reasonable purpose. Acts authorized as an exercise of one's constitutional right to protest, and acts authorized under the Solicitors and Canvassers Ordinance, Chapter 739 St. Bernard Codified Ordinances, shall not constitute obstruction of pedestrian or vehicular traffic.
(5) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, recreational areas and playgrounds, public libraries, 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 surrounding them.
(6) "Automated teller machine" means a device linked to a financial institution's account records, which is able to carry out transactions, including but not limited to, account transfers, deposits, withdrawals, balance inquiries, and mortgage and loan payments.
(7) "Automated teller machine facility" means the area comprised of one or more automated teller machines and any adjacent space which is made available to banking customers after regular banking hours.
(8) "Public transport" means any commercial vehicle providing transportation on a regular route to consumers for a standard fare.
(9) "Bus stop area" means within any shelter or area provided for public use by the Southwest Ohio Regional Transit Authority (SORTA), or the St. Bernard-Elmwood Place Schools, or any other entity, and any area within ten feet of the outer walls of that shelter, or, where no shelter has been erected, the area within a twenty foot radius of the sign indicating a bus stop.
(10) "Sidewalk cafe or patio" means an outdoor area that is designated for sidewalks or patio dining and for which a Village permit has been successfully obtained pursuant to law.
(11) "Solicit" and "solicitation" means to ask in person and by words for an immediate grant of money, goods, or other property of value as a charity from another person(s) when the person making the request is not known to the person(s) who are the subject of the request. The term "solicitor" and "solicitation" shall not mean the act of passively standing or sitting with a sign or other indicator that a donation of money, goods, or any other property of value is being sought without any vocal request other than a response to any inquiry by another person.
(12) "Drive thru window" means the area on a structure which is properly designed and constructed for its intended use and a Village permit has been successfully obtained pursuant to law.
(b) Panhandling Offenses. A person is guilty of pedestrian or vehicle interference, aggressive panhandling, or knowingly making any false or misleading representation in the course of panhandling if on the streets, sidewalks, outdoor patio or other public place, whether publicly or privately owned, including public transport, bus stop shelter or area, and parks, the person:
(1) Intentionally obstructs or hinders pedestrians or vehicular traffic; or
(2) Aggressively begs; or
(3) Making any false or misleading representation in the course of panhandling incudes, but is not limited to, the following:
A. Stating that the donation is needed to meet a specified need, when the panhandler already has sufficient funds to meet that need and does not disclose the fact;
B. Stating that the donation is needed to meet a need which does not exist;
C. Stating that the panhandler is from out of town and stranded, when that is not true;
D. Wearing a military uniform or other indication of military service, when the panhandler is neither a present nor former member of the service indicated;
E. Wearing or displaying an indication of physical disability, when the panhandler does not suffer the disability indicated;
F. Use of make-up or any device to simulate any deformity; or
G. Stating that the panhandler is homeless, when that is not true.
(c) Prima Facie Evidence of Intimidation. Proof of any one of the following factors constitute prima facie evidence that begging was done with the intent to intimidate another:
(1) That the begging was conducted within twenty-five feet of an entrance to or exit from a banking organization or licensed cashier of checks, as defined by Ohio R.C. 1315.21(C), during its business hours; that the begging was conducted within twenty-five feet of the entrance to or exit from a check cashing business as defined by Ohio R.C. 1315.21(C).
(2) That the begging was conducted within twenty-five feet of any automated teller machine or the entrance to or exit from an automated teller machine facility;
(3) That the begging was conducted either within the physical confines of a bus stop shelter or area, or within ten feet of an entrance to or exit from a bus stop shelter or area;
(4) That when no bus stop shelter exists, the begging was conducted within a twenty-foot radius of the sign indicating a bus stop.
(5) That the beggar approached the operator or occupant of a motor vehicle while the vehicle is located on any street or stopped at any intersection and offered to perform a service, or performed a service without permission and then demanded payment, or offered to sell goods or services for more than their usual value. This paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle;
(6) That the beggar intentionally touched or caused physical contact with another person, or that person's property without their consent in the course of begging, followed the person before, after or during begging, or persisted in begging after the other person has given a response that a reasonable person would understand to be a negative response to the request; or,
(7) That the beggar used violent or threatening gestures toward a person solicited, or used insults, profanity, or veiled threats;
(8) That the begging was conducted within twenty-five feet of any outdoor patio as defined in subsection (a)(10) under Definitions. For purposes of this chapter, "outdoor patio" includes, but is not limited to, a sidewalk cafe;
(9) That the begging was conducted within twenty-five feet of a drive thru window as defined in subsection (a)(12) under Definitions or within twenty- five feet of any vehicles that are in line at a drive thru window;
(10) That the begging was conducted inside any store or restaurant or their immediate parking lots;
(11) That the begging was conducted within fifteen feet of a pay telephone.
(d) Penalty.
(1) Whoever violates subsection (b)(1) hereof is guilty of pedestrian or vehicle interference, a misdemeanor of the fourth degree. When a person has been previously convicted of a violation of subsection (b)(1) or (2) hereof, or any other substantially similar state statute or municipal ordinance, the offense of pedestrian or vehicle interference is a misdemeanor of the third degree.
(2) Whoever violates subsection (b)(2) hereof is guilty of aggressive panhandling, a misdemeanor of the second degree. When a person has been previously convicted of a violation of subsection (b)(1) or (2) hereof, or any other substantially similar state statute or municipal ordinance, aggressive panhandling is a misdemeanor of the first degree.
(3) Whoever violates subsection (b)(3) hereof is guilty of knowingly making a false or misleading representation in the course of panhandling, a minor misdemeanor. When a person has been previously convicted of a violation of subsection (b)(3) hereof, or any other substantially similar state statute or municipal ordinance, the offense of knowingly making a false or misleading representation in the course of panhandling is a misdemeanor of the fourth degree.
(e) Severability Clause. If any section, sentence, clause, or phrase contained in this section is held to be invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this section.
(Ord. 53-2011. Passed 9-8-11.)