Panhandling and Aggressive
Public Solicitation

§ 44-4.  Aggressive panhandling.  [Added 5-18-2004 by Ord. No. 2004-142]

A. Legislative intent. This legislation is adopted in order to protect persons from threatening, intimidating or harassing behavior, to keep public places safe and attractive for use by all members of the community and to maintain and preserve public places where all of the community can interact in a peaceful manner. This legislation is also intended to provide for the free flow of pedestrian and vehicular traffic on streets and sidewalks in the City, to promote tourism and business and preserve the quality of urban life. The Council finds that aggressive acts associated with solicitation tend to interfere with the free flow of pedestrian and vehicular traffic and intimidate persons in public places, and can lead to disruption and disorder in public places. Aggressive acts can also cause persons to avoid public places and lead to declining patronage of commercial establishments and tourism. The Council further finds that solicitation in certain public places is inconsistent with the use of those places, is inherently intimidating, targets persons who are captive audiences or constitutes an invasion of privacy as persons are not able to simply move on if they do not wish to speak to the person soliciting. Solicitation in proximity to bank entrances or check-cashing businesses or automated teller machines is inherently intimidating and should be restricted. By this legislation, the Council intends to promote the health, safety and welfare of the citizens and visitors to the City.

B. Definitions. Whenever the following words and phrases are used in this section, they shall have the following meanings:

AGGRESSIVE MANNER

(1) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation, or approaching within an arm's length of the person, except with the person's consent;

(2) Following the person being solicited, if that conduct is:

(a) Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

(b) Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

(3) Continuing to solicit within five feet of the person being solicited after the person has made a negative response, if continuing the solicitation is:

(a) Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

(b) Is intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation;

(4) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation;

(5)        Intentionally or recklessly using words:

(a) Intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

(b) Intended or likely to intimidate the person into responding affirmatively to the solicitation; or

(6)        Approaching the person being solicited in a manner that is:

(a) Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

(b) Intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation.

AUTOMATED TELLER MACHINE  -- A device, linked to a financial institution's account records, which is able to carry out transactions, including but not limited to account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.

AUTOMATED TELLER MACHINE FACILITY  -- The area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

BANKING ORGANIZATION  -- All banks, trust companies, private bankers, savings banks, industrial banks, safe deposit companies, savings and loan associations, credit unions and investment companies as defined in § 2 of the New York State Banking Law.

LICENSED CASHER OF CHECKS  -- Any individual, partnership, unincorporated association or corporation duly licensed by the New York State Superintendent of Banks to engage in business pursuant to the provisions of Article IX-A of the New York State Banking Law.

PARKING GARAGE  -- As defined in § 111-117 of the Municipal Code, and including the Metro Center Garage.

PARKING STATION  -- A municipal parking lot as defined in § 111-103 of the Municipal Code.

PUBLIC PLACE  -- Any area or building owned, leased, operated or controlled by or on behalf of any government, municipality, public authority or public corporation in the City which is generally accessible by the public, including but not limited to any street, including the sidewalk portion thereof, skyway, bridge, tunnel, park, playground, recreation area, cemetery, school or school grounds, building, facility, driveway, parking lot or parking garage, and the doorways and entrances to buildings and dwellings.

SOLICIT  -- Shall include, without limitation, the spoken, written, or printed word or such other acts or bodily gestures as are conducted in furtherance of the purposes of immediately obtaining money or any other thing of value.

C. No person shall solicit in an aggressive manner in a public place.

D. No person shall solicit within 20 feet of an automated teller machine or an entrance or exit of an automated teller machine facility during the time the automated teller machine is available for customers' use; or within 20 feet of an entrance or exit to a banking organization or a licensed casher of checks during its business hours.

E. No person shall solicit when either the person soliciting or the person being solicited is in a bus shelter or at a bus stop.

F. No person shall solicit in a parking garage or parking station.

G. No person shall solicit in any portion of a public skyway or tunnel.

H. No person on a sidewalk or alongside a roadway shall solicit from any occupant of a motor vehicle that is on a street or other public place.

I. Penalties. A violation of this section shall be a "violation" as that term in defined in the Penal Law. A person convicted of violating this section shall be fined not less than $25 nor more than $250, and, in addition, for a second conviction within 12 months of a preceding conviction, may be imprisoned for a term not longer than 15 days. In lieu of a fine, the court may impose an appropriate alternative sentence; provided, however, that an alternative sentence shall not be an unconditional discharge.

Chapter 72A
PANHANDLING AND LOITERING
[HISTORY: Adopted by the City of Norwalk Common Council 12-14-2004.
Amendments noted where applicable.]

§ 72A-1. Legislative findings; purpose.

A.        The Common Council finds that the increase in aggressive solicitation or panhandling throughout the City has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder. The Common Council finds that the same concerns have been found with respect to loitering, which obstructs, impedes or interferes with the use of streets and public places.

B.            Aggressive solicitation usually includes approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The Common Council further finds that the presence of individuals who solicit money from persons at or near banks, automated teller machines, or in public transportation vehicles is especially troublesome because of the enhanced fear of crime in those confined environments. Motorists also find themselves confronted by persons seeking money who, without permission, wash their automobile windows at traffic intersections, despite explicit indications by drivers not to do so. Such activity carries with it an implicit threat to both persons and property. People driving or parking on City streets frequently find themselves faced with persons seeking money by offering to open car doors or locate parking spaces.

C.        The Common Council is enacting this chapter pursuant to its police power. The chapter is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity. Rather, its goal is to protect citizens from the fear and intimidation accompanying certain kinds of aggressive solicitation that have become an unwelcome presence in the City.

§ 72A-2. Definitions.

For purposes of this chapter, the following terms shall have the meanings indicated:

AGGRESSIVE MANNER -- Means and includes:

A.  Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent;

B.  Following the person being solicited, if that conduct is:

(1)  Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

(2)  Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

C.  Continuing to solicit within five feet of the person being solicited after the person has made a negative response, if continuing the solicitation is:

(1)  Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

(2)  Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

D.  Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of the vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one's constitutional right to picket or legally protest shall not constitute obstruction of pedestrian or vehicular traffic;

E.  Intentionally or recklessly using:

(1)  Obscene or abusive language or gestures: (i) intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

(2)  Words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation; or

F.  Approaching the person being solicited in a manner that:

(1)  Is intended to or is likely to cause a reasonable person to fear imminent harm or the commission of a criminal act upon property in the person's possession; or

(2)  Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

AUTOMATED TELLER MACHINE (ATM) -- A device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments.

AUTOMATED TELLER MACHINE FACILITY -- The area comprised of one or more automatic teller machines and any adjacent space which is made available to banking customers after regular banking hours.

CHECK-CASHING BUSINESS -- Any person duty licensed by the State Banking Department to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of the banking laws.

LOITERING -- Standing around, moving slowly about, or lingering or lagging behind.

PUBLIC AREA -- An area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, public parking garages, parking lots, parks, playgrounds, schools, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.

SOLICIT -- To request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication.

§ 72A-3. Solicitation restricted.

It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services:

A. In an aggressive manner in a public area;

B. In any public transportation vehicle or bus or within 25 feet of any bus or train station or stop;

C. In any public garage;

D. Within 25 feet of any entrance or exit of any bank or check-cashing businesses or within 25 feet of any automated teller machine; provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility;

E. On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or

F. From any operator of a motor vehicle or a bicycle that is in traffic on a public street, whether in exchange for cleaning the bicycle or the vehicle windows or for blocking, occupying or reserving a public parking space, or directing the occupant to a public parking space; provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle or bicycle.

§ 72A-4. Loitering prohibited.

It shall be unlawful for any person or group of persons:

A. To loiter on the streets, sidewalks, crosswalks, walks in public parks or any other public area so as to obstruct, impede or interfere with the use of the street, sidewalk, crosswalk, walk in a public park or other area by any other person;

B. To loiter on the grounds or within any building of a school within the City so as in any way to obstruct, impede or interfere with or interrupt the operation of any school or class within such school; or

C. To loiter on private property within the City if ordered to quit the private property by the owner, his agent, a tenant or lawful occupant thereof, or if said private property is posted with a sign or signs stating that loitering thereon is prohibited.

§ 72A-5. Severability.

Severability is intended throughout and within the provisions of this chapter. If any section, sentence, clause or phrase of this chapter is held invalid or unconstitutional by a court of competent jurisdiction, then such judgment shall in no way affect or impair the validity of; the remaining portions of this chapter.

§ 72A-6. Intent.

This chapter is not intended to proscribe any demand for payment for services rendered or goods delivered. Nor is it intended to prohibit constitutionally protected speech or conduct.

§ 72A-7. Penalties for offenses.

A. Any person who violates any provision of this chapter shall be fined not more than $99 for each offense.

B. Any police officer may order any person violating the loitering provisions of this chapter to cease and desist from obstructing, impeding or interfering with the right of any other person to use the streets, sidewalks, crosswalks, walks in public parks or any other public area. Any person in charge of any school grounds or buildings, or his designee, may order any person violating § 72A-4B to immediately quit such premises. The refusal by any person to obey a police officer's request to cease and desist from obstructing, impeding or interfering with the right of any other person to use the streets, sidewalks, crosswalks, walks in public parks or any other public area shall constitute a separate offense subject to the aforementioned penalty. A refusal of a person to obey the request to quit school grounds or buildings by the person in charge or his designee shall also be considered a separate offense subjecting that person to the aforementioned penalty.

Chapter 385
Peddlers, Solicitors and Transient Vendors
ARTICLE V
Panhandling
[Adopted 2-20-2007 by Ord. No. 6161]

§ 385-33.  Definitions.

As used in this article, the following terms shall have the meanings indicated:

PANHANDLING  -- Any solicitation made in person upon any street, public place or park in the City, in which a person requests an immediate donation of money or other gratuity from another person, and includes, but is not limited to, seeking donations:

A. By vocal appeal or for music, singing, or other street performance; and

B. Where the person being solicited receives an item of little of no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.

C. However, panhandling shall not include the act of passively standing or sitting or performing music, singing or other street performance with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person or those solicitations permitted by virtue of compliance to Chapter 385, the Crystal Lake City ordinance related to solicitation.

§ 385-34.  Panhandling prohibited.

A. It shall be unlawful to engage in an act of panhandling when the person being solicited is located in a sidewalk cafe, in a public transportation vehicle, or in a public transportation facility.

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:

(1)        At a bus stop;

(2)        In any public transportation vehicle or public transportation facility;

(3)        In a vehicle which is parked or stopped on a public street or alley;

(4)        In a sidewalk cafe; or

(5)        Within 20 feet in any direction from an automated teller machine or entrance to a bank.

§ 385-35.  Aggressive panhandling prohibited.

It shall be unlawful to engage in an act of panhandling in an aggressive manner. A person's manner is aggressive if the person engages in any of the following actions:

A. Panhandling a person who is standing at an automated teller machine while located within 10 feet of that person.

B. Panhandling a person who is standing at an automated teller machine while the person is standing at the machine and within 15 seconds after the person begins to leave the machine.

C. Repeating a panhandling request when the person solicited is stationary and has refused an immediately prior request made at that location. Examples of a person who is stationary include, but are not limited to:

(1)        Someone waiting in line, at a bus stop, or for a traffic signal; or

(2)        Someone seated on a public bench or in a car parked or stopped in a public street or alley.

D. At any time immediately before, during, or after the panhandling request, touching the solicited person without that person's consent.

E. Panhandling while blocking the path of the person solicited or the entrance to any building or vehicle. 

F. Following behind, alongside, or ahead of the person solicited during or after the panhandling request.

G. Directing profane or abusive language at the person solicited at any time immediately before, during, or after panhandling. 

§ 22-18.  Begging; panhandling; soliciting.  [P&L Code § PL219; amended 8-21-2006 by Ord. No. 1811]

A. The following words and phrases apply to this section:

PUBLIC PLACE  -- A place where a governmental entity has title, to which the public has access, including but not limited to any sidewalk, street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground.

SOLICITING  -- Asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. "Soliciting" shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

B. No person shall solicit in or on private property without first obtaining the permission from the owner or person in lawful control or possession of such property.

C. No person shall solicit in or on a public place:

(1) While under the influence of alcohol or a controlled substance;

(2) In any public transportation vehicle, such as a bus or train, nor within 20 feet of where such a vehicle takes on or releases passengers, nor within 20 feet of any bus stop; 

(3) At the intermodal transit center; 

(4) In any public parking lot, parking ramp, or public building, including under any open-air structure such as a canopy; 

(5) Within 20 feet of a public toilet; 

(6) Within 20 feet of any entrance or exit of a bank, credit union, or an automated teller machine (when an automated teller machine is located within a structure, the 20 feet shall be measured from the entrance or exit of the structure); 

(7) From an operator or other occupant of a motor vehicle; 

(8) By stating that funds are needed to meet a specific need, when the solicitor has the funds to meet that need, does not intend to use funds to meet that need, or does not have that need; 

(9) As part of a group of two or more persons; 

(10) After sunset nor before sunrise; 

(11) Within 10 feet of an entrance to a building; 

(12) From a child who the solicitor knows or reasonably should know is under the age of 16 years; or 

(13) In an aggressive manner, which includes: 

(a) Approaching or speaking to a person, or following a person before, during or after soliciting in a manner that is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into giving money or other thing of value;

(b) Continuing to solicit from a person after the person has given a negative response to such soliciting; 

(c) Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting; 

(d) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; 

(e) Using violent, profane, or threatening gestures or language toward a person solicited, before, during, or after the act of solicitation; 

(f) Conspicuously following the person to be solicited or who has been solicited; 

(g) Speaking in a volume unreasonably loud under the circumstances; or 

(h) Soliciting money from anyone who is waiting in line for entry to a building or for another purpose.

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