§ 50-92. Prohibited activities.

(a)

It shall be unlawful for any person to panhandle, and no registration issued under this section shall be deemed to allow panhandling, including passively standing or sitting with a sign or other indication that one is seeking donations, when the person solicited is in any of the following places within the city limits:

(1)

Any bus stop or train stop;

(2)

In any public transportation vehicle or facility excluding airports;

(3)

In any vehicle on the street;

(4)

In a public park, fairground, or sporting facility, including entry ways or exits thereto;

(5)

At the site of any automated teller machine (ATM). For the purposes of this subsection, "site of any automated teller machine" includes an area within 100 feet of any automated teller machine;

(6)

On private property, unless the panhandler has permission from the owner or person in possession of the property;

(7)

In a parking lot or garage owned or operated by the city, including entry ways or exits and pay stations connected therewith; or

(8)

Within 100 feet of any liquor store, defined as a store whose predominate business is the sale of alcoholic beverages.

(b)

It shall be unlawful for any person to panhandle in any of the following manners:

(1)

By coming within three feet of the person solicited, unless that person has indicated that he or she does wish to make the donation;

(2)

By blocking the path of the person solicited;

(3)

By following a person who walks away or otherwise indicates he or she does not wish to make a donation to the panhandler;

(4)

By using profane or abusive language, either during the solicitation or following a refusal of a solicitation;

(5)

By panhandling in a group of two or more persons; or

(6)

By any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat.

(c)

It shall be unlawful for any persons to knowingly make any false or misleading representation in the course of soliciting a donation. False or misleading representations include, but are not limited to, the following:

(1)

Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;

(2)

Stating that the donation is needed to meet a need which does not exist;

(3)

Stating that the solicitor is from out of town and stranded, when such is not true;

(4)

Wearing a military uniform or other indication of military service when then solicitor is neither a present nor former member of the service indicated;

(5)

Wearing or displaying any indication of physical or mental disability, when the solicitor does not suffer the disability indicated;

(6)

The use of makeup, or any other artifice to simulate any deformity or injury; or

(7)

Stating that the solicitor is homeless, when in fact he or she is not.

(d)

It shall be unlawful for any person to solicit and receive a donation by indicating that the funds requested are needed for a specific purpose, and then spend the funds received for a different purpose.

(e)

Any violation of this section shall be punishable as set forth in section 1-15 of this Code.

(Ord. No. 99-25, § I, 2-25-99)