(A) The City Council does hereby find that:
(1) It is the intent of Council in enacting this chapter to recognize free speech rights for all citizens while at the same time protecting the coexistent rights for all citizens to enjoy safe and convenient travel in public spaces free from intimidating conduct, threats, and harassment that stem from certain types of abusive solicitation, that may occur at particular settings and contexts;
(2) Council finds that there are numerous forms of solicitation that are not in and of themselves inherently threatening or aggressive, including vocal requests for a donation; carrying or displaying a sign requesting donations; shaking or jingling a cup of change; and ringing a bell in compliance with any applicable noise ordinance;
(3) However, Council finds that there has been an increase in aggressive solicitation in the city, which threatens the security, privacy, and freedom of movement of both residents and visitors; and
(4) Council also finds that the presence of solicitors in certain specific areas (such as, but not limited to near to adjacent to automatic teller machines, adjacent to sidewalk cafes, and in public parking areas) create reasonable concerns by citizens objectively worried about their privacy, freedom of movement, and personal security; and
(5) Council further finds that certain solicitation impedes the orderly flow of pedestrian and vehicular traffic that leads to concerns regarding traffic and public safety, particularly in congested roadways and sidewalks (to include highly traveled areas, or small traffic medians).
(6) This chapter is not intended to impermissibly limit an individual's right to exercise free speech associated with solicitation; rather it aims to impose specific time, place, and manner restrictions on solicitation and associated conduct in certain limited circumstances; namely, aggressive panhandling, panhandling at locations or times deemed particularly threatening and dangerous, and/or panhandling in places where people are a "captive audience" and there is a wish to avoid or reduce a threat of inescapable confrontations; and
(7) In promulgating this chapter, Council seeks to impose regulations that are narrowly tailored to serve the aforementioned significant government interests.
(B) The purpose of this section is to regulate certain behavior to preserve the public order, to protect the citizens of Whiteville and to ensure the safe and uninterrupted passage of both pedestrian and vehicular traffic, without unconstitutionally impinging upon protected speech, expression or conduct.
(Ord. 2018-O-63, passed 9-11-2018; Ord. 2018-O-68, passed 10-23-2018)