§ 74-34. Panhandling.

(a)

It shall be unlawful to engage in any act of panhandling on any day after sunset or before sunrise.

(b)

It shall be unlawful to engage in an act of panhandling when either the panhandler or the person being solicited is located at any of the following locations: at a bus stop; in any public transportation vehicle or public transportation facility; in an outdoor eating area; or within 50 feet in any direction from any automatic teller machine or bank entrance.

(c)

It shall be unlawful to engage in any act of panhandling when the person being solicited is the operator or other occupant of a motor vehicle being operated upon a city street or is conducted in a manner so as to obstruct or interfere with the flow of vehicular or pedestrian traffic.

(d)

It shall be unlawful to engage in any act of panhandling in an aggressive manner, including any of the following:

(1)

Touching the solicited person without the solicited person's consent;

(2)

Panhandling a person while such person is standing in line and waiting to be admitted to a commercial establishment;

(3)

Blocking the path of a person being solicited, or the entrance to any building or vehicle;

(4)

Following behind, ahead, or alongside a person who walks away from the panhandler after being solicited;

(5)

Using profane or abusive language, either during the solicitation or following a refusal to make a donation, or making any statement, gesture, or other communication which would cause a reasonable person to be fearful or compelled;

(6)

Panhandling in a group of two or more persons; or

(7)

Conduct which is intended or is likely to cause a reasonable person to fear immediate bodily harm to oneself or to another or damage to or loss of property, or which intimidates another person into giving money or other thing of value.

(Ord. No. 2015-11 , § 3, 9-28-15)