§ 22-127. Panhandling.

(a)

Definitions. The following words and phrases, when used in this section, shall have the following meanings:

Aggressive manner means:

(1)

Approaching, speaking to or following a person in a manner that would cause a reasonable person to fear imminent physical injury or the imminent commission of a criminal act upon the person or upon property in the person's immediate possession;

(2)

Touching another person without that person's consent;

(3)

Intentionally blocking, impeding or interfering by any means with the free passage of a person or vehicle;

(4)

Continuously asking, begging or soliciting any item from a person after the person has made a negative response; or

(5)

Engaging in any conduct with the intention of intimidating another person into giving money or goods to any person.

Panhandle or panhandling means doing any of the following acts:

(1)

Begging, soliciting or asking for any item of value, monetary or otherwise;

(2)

Attempting to sell or obtain compensation for an item or service for or in an amount that is at least twice its value, or an item or service that is already offered or available at no charge to the general public; or

(3)

Attempting to sell or obtain compensation for an item or service under circumstances that would lead a reasonable person to conclude that the payment is in substance a donation.

Public place means any street, sidewalk, alley, park, bridge, parking lot or other public property within the city that is open to the general public;

Travel lane means the portion of a public street over which motor vehicles travel.

(b)

Prohibited acts. It shall be unlawful for any person, while in the city:

(1)

To panhandle in an aggressive manner in or on any public place;

(2)

To panhandle in an aggressive manner on any public transportation vehicle, including buses and trolleys;

(3)

To panhandle in an aggressive manner within any mass transit station or stop, or in or on any sidewalk, roadway or parking lot serving any such station and under the control of the owner or operator of such station;

(4)

To panhandle within 15 feet of any automatic teller machine;

(5)

To panhandle or, as a result of panhandling, to receive money or any other item of value while standing or otherwise present in a travel lane or from any operator or occupant of a motor vehicle located in a travel lane;

(6)

To panhandle in exchange for cleaning motor vehicle windows while the vehicle is in traffic on a public street;

(7)

To panhandle in exchange for protecting, watching, washing, cleaning, repairing or painting a motor vehicle or bicycle while it is parked on a public street;

(8)

To panhandle 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 driver or occupant to a public parking space; and

(9)

To panhandle on private property or residential property without permission from the owner or occupant.

(c)

Exceptions. Acts authorized as an exercise of a person's constitutional right to legally picket, protest or speak and acts authorized by a permit issued by the unified government shall not constitute unlawful activity under this section.

(d)

Violation. Any person convicted of violating this section shall be guilty of an unclassified misdemeanor.

(Code 1988, § 22-78; Ord. No. 65949, § 1, 10-6-1994)

Cross reference

Definitions generally, § 1-2.