§ 2-5-2. Aggressive panhandling.

(a)

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

Aggressively beg means to beg with the intent to intimidate another person into giving money or goods.

Beg means to ask or solicit for money or goods as a charity, whether by word, bodily gestures, signs, or other means.

Intimidate means to engage in conduct which would make a reasonable person fearful or feel compelled. Among the circumstances that may be considered in determining whether the actor intends to intimidate another person into giving money or goods are that the actor refuses to identify him or herself, manifestly endeavors to conceal him or herself or any object, impedes or threatens to impede pedestrian or vehicular traffic, or otherwise acts so to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's immediate possession.

Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, or place an object in such a manner as to intentionally block passage by a solicited person or vehicle, or to require the solicited person or driver of a vehicle to take unreasonable evasive action to avoid physical contact.

Public place means an area accessible to the public and includes alleys, bridges, buildings, decks, driveways, parking lots, parks, plazas, sidewalks, school grounds, streets and other rights-of-way open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

Unreasonable evasive action means causing a vehicle to depart from the lane of traffic in which it is traveling to change lanes, to straddle lanes, or to enter onto a swale to obtain passage; it also means causing a pedestrian to leave the sidewalk on which he is traveling or to make contact with a wall or fence bordering the sidewalk.

(b)

A person shall be guilty under this section if, in a public place, he or she aggressively begs accompanied by one (1) or more of the following:

(1)

Touches the person solicited without their consent;

(2)

Follows the person solicited, and persists in begging after the person solicited has given a negative response;

(3)

Obstructs pedestrian or vehicular traffic without lawful purpose;

(4)

Directs profane or abusive language toward the person solicited; or

(5)

Acts in a violent or threatening manner toward the person solicited.

(c)

A violation of this section shall be punishable as provided in section 1-1-8. However, acts authorized as an exercise of one's constitutional right of assembly and free speech and acts authorized by a permit or a special events license duly issued by the county or by lease of real property owned by the county shall not constitute a violation under this section. Furthermore, unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern by requesting him or her to explain their conduct which otherwise warranted a justifiable and reasonable alarm or immediate concern for the safety of persons or property. Nothing in this subsection shall limit the discretion of law enforcement officers, court personnel or judges from referring persons suspected, charged or convicted of a violation of this section to treatment programs or facilities that provide an alternative to prosecution or incarceration, if the alleged or convicted violator consents.

(Ord. No. 2010-028, § 1, 4-27-10)