§ 215.770. Panhandling.  


Latest version.
  • A. 
    Definitions. As used in this Section, the following terms shall have these prescribed meanings:
    AGGRESSIVE PANHANDLING
    Panhandling in the following manner:
    1. 
    To approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with:
    a. 
    Imminent bodily injury; or
    b. 
    The commission of a criminal act upon the person or another person, or upon property in the person's immediate possession;
    2. 
    To persist in panhandling after the person solicited has given a negative response;
    3. 
    To block, either individually or as a part of a group of persons, the passage of a solicited person;
    4. 
    To touch a solicited person without the person's consent;
    5. 
    To render any service to a motor vehicle, including, but not limited to, any cleaning, washing, protecting, guarding, or repairing of said vehicle or any portion thereof, without the prior consent of the owner, operator or occupant of such vehicle, and thereafter asking, begging or soliciting alms or payment for the performance of such service, regardless of whether such vehicle is stopped, standing or parked on a public street or upon other public or private property; or
    6. 
    To engage in conduct that would reasonably be construed as intended to intimidate, compel or force a solicited person to make a donation.
    CHARITABLE ORGANIZATION
    Any non-profit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization, which solicits or obtains contributions solicited from the public for charitable purposes or holds any assets solely for charitable purposes.
    PANHANDLING
    Any solicitation in person, by a person, other than a charitable organization, for an immediate grant of money, goods, or any other form of gratuity from another person(s) when the person making the request is not known to the person(s) who is the subject of the request. The term "panhandling" shall not mean the act of passively standing or sitting with a sign or other indicator that a donation of money, goods or any other form of gratuity is being sought without any vocal request other than the response to an inquiry by another person.
    B. 
    It shall be unlawful for any person to engage in aggressive panhandling.
    C. 
    It shall be unlawful for any person to engage in the act of panhandling when either the panhandler or the person being solicited is located in, on, or at any of the following locations:
    1. 
    In any public transportation vehicle;
    2. 
    Within fifty (50) feet of an automatic teller machine or entrance to a bank;
    3. 
    Within thirty (30) feet of a point of entry or exit from any building open to the public, including commercial establishments;
    4. 
    At any sidewalk cafe;
    5. 
    Within fifty (50) feet of any public or private school;
    6. 
    At any bus stop, train stop, or cab stand;
    7. 
    Within twenty (20) feet of any crosswalk; or
    8. 
    Within any municipal or government-owned building, park, golf course, or playground.
    D. 
    It shall be unlawful for any person to engage in the act of panhandling on private property or inside a business without written permission from the owner.
    E. 
    It shall be unlawful for any person to engage in the act of panhandling after 8:00 P.M. and before 7:00 A.M. during any dates on which daylight-saving time is in effect; or after 7:00 P.M. and before 7:00 A.M. during any dates on which daylight-saving time is not in effect.
    F. 
    It shall be unlawful for any person to panhandle in a group of two (2) or more persons.
    G. 
    Nothing in this Section shall abrogate or abridge provisions of Chapter 610, Article I, concerning canvassers or solicitors, Chapter 610, Article II, concerning charitable solicitations, or Federal and State Government laws, or any law regulating non-profit, religious, educational, civic or benevolent organizations.