Section 16-186 Unlawful panhandling.


(a)      It shall be unlawful to panhandle on any day after sunset or before sunrise.

(b)      It shall be unlawful to panhandle on residential or private property after having been asked to leave or refrain from panhandling by the owner or other person lawfully in charge of the property or lawfully in possession of the property.

(c)      It shall be unlawful to panhandle when either the panhandler or the person being solicited is located in any of the following places:

     (1)      Within twenty feet of a public toilet;

     (2)      Within twenty feet of an automated teller machine;

     (3)      On any city bus or within twenty feet of any bus station or bus stop;

     (4)      Within ten feet of an entrance to a building;

     (5)      Within twenty feet of an entrance to a bank, savings and loan or other financial institution; or

     (6)      Within twenty feet of a pay telephone.

(d)      It shall be unlawful to panhandle when the person solicited is waiting in any line, is seated at an outdoor dining facility or is in a motor vehicle.

(e)      It shall be unlawful to panhandle in an aggressive manner, including taking any of the following actions:

     (1)      Continuing to solicit from a person after the person has given a negative response to the solicitation;

     (2)      Touching the solicited person without the solicited person’s consent;

     (3)      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;

     (4)      Using violent or threatening gestures toward a person solicited;

     (5)      Closely following behind, ahead or alongside a person who walks away from the panhandler after being solicited;

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

     (7)      Panhandling in a group of two or more persons; or

     (8)      Panhandling with the intent to intimidate another person into giving money or other thing of value.

(f)      Panhandling in violation of any of the provisions of this section is a Class B misdemeanor.

(Ord. No. 14565 § 1, 7-17-95; Ord. No. 17923, § 2, 12/1/03)

(Ord. 17923, Amended, 12/01/2003, Prior Text)