§ 38-132. Panhandling.

(a)

Definitions. For the purpose of this section:

(1)

Aggressive panhandling shall mean:

a.

Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting;

b.

Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

c.

Using violent or threatening gestures toward a person solicited;

d.

Using profane or abusive language which is likely to provoke an immediate violent reaction from the person being solicited;

e.

Approaching or following a person for solicitation as part of a group of two (2) or more persons, in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or damage to or loss of property or otherwise to be intimidated into giving money or other thing of value.

(2)

Soliciting or Panhandling for purposes of this section are interchangeable and mean any solicitation made in person requesting an immediate donation of money. 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 donation for the purpose of this chapter. Panhandling does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person.

(3)

Public place shall mean 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, or playground.

(b)

Prohibited acts.

(1)

No person shall engage in aggressive panhandling in any public place.

(2)

No person shall panhandle on private or residential property after having been asked to leave or refrain from panhandling by the owner or other person lawfully in possession of such property.

(3)

No person shall solicit from any 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.

(Ord. No. 439-00, § 1, 6-5-00; Ord. No. 904-05, § 1, 12-5-05; Ord. No. 777-15, § 1, 11-9-15)