§ 74-31. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Obstruct means to render impassible with unreasonable inconvenience or hazard. A gathering of persons to hear a person speak or otherwise communicate does not constitute an obstruction.

Panhandling means any solicitation made in person upon any street, public place or park in the city, in which a person requests an immediate donation of money or other gratuity from another person, and includes, but is not limited to, seeking donations:

(1)

By vocal appeal or by vocal appeal in exchange for music, singing, or other street performance; and

(2)

Where the person being solicited receives nothing or an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.

(3)

Panhandling shall not include the act of passively standing or sitting nor performing music, singing or other street performance with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person.

(4)

Panhandling shall not include charitable solicitations pursuant to article III of chapter 82 of this Code or solicitations for monetary support by a civic event organizer during the course of the event or performance.

Public place means a place to which the public or a substantial group of persons has access, and includes, but is not limited to highways, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses not constituting rooms or apartments designed for actual residence.

Transportation facility means any conveyance, premises, or place used for or in connection with public passenger transportation, whether by air, railroad, motor vehicle, or any other method. It includes aircraft, watercraft, railroad cars, buses, and air, boat, railroad and bus terminals and stations, and all appurtenances thereto.

(Code 1970, § 28-13; Ord. No. 2015-11 , § 1, 9-28-15)