Chapter 8.18
SOLICITATION AND AGGRESSIVE BEGGING
Sections:
8.18.040 No special duty created.
8.18.010 Definitions.
(1) “Automated teller machine” means a machine, other than a telephone:
(a) That is capable of being operated by a customer of a financial institution;
(b) By which the customer may communicate to the financial institution a request to withdraw, deposit, transfer funds, make payment, or otherwise conduct financial business for the customer or for another person directly from the customer’s account or from the customer’s account under a line of credit previously authorized by the financial institution for the customer; and
(c) The use of which may or may not involve personnel of a financial institution.
(2) “Beg” or “begging,” also known as “panhandling,” means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means.
(3) “Exterior public pay telephone” means any coin or credit card reader telephone that is:
(a) Installed or located anywhere on a premises except exclusively in the interior of a building located on the premises; and
(b) Accessible and available for use by members of the general public.
(4) “Intent” means when a person intends or acts with intent to accomplish a result or to engage in conduct described by the section defining the offense, when that person’s conscious objective or purpose is to accomplish such a result or to engage in conduct of that nature.
(5) “Intimidate” means to engage in conduct which would make a reasonable person fearful or feel compelled to act or refrain from acting consistent with the conduct of personal affairs or business in the circumstances described in subsections (5)(a) and (b) of this section.
(a) A presumption exists that begging in the following circumstances would make a reasonable person fearful or feel compelled if begging occurs within 15 feet of:
(i) An automated teller machine;
(ii) The entrance of a building, unless the solicitor has permission from the owner or occupant;
(iii) An exterior public pay telephone;
(iv) A self-service fuel pump;
(v) A public transportation stop;
(vi) Any parked vehicle as occupants of such vehicle enter or exit such vehicle; or
(vii) Any vehicle access such as a driveway or curb cut, to, from, or on a public street, road, or highway.
(b) For purposes of this subsection (5), measurement will be made in a straight line, without regard to intervening structures or objects, from the nearest point at which a solicitation is being conducted to whichever is applicable of the following:
(i) The nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the automated teller machine;
(ii) The nearest entrance or exit of a building;
(iii) The nearest part of an exterior public pay telephone;
(iv) The nearest part of a self-service fuel pump;
(v) The nearest point of any sign or marking designating an area as a public transportation stop;
(vi) Any door of a parked vehicle that is being used by an occupant of such vehicle to enter or exit such vehicle; or
(vii) Any portion of an access as defined in subsection (5)(a)(vii) of this section.
(6) “Obstruct pedestrian or vehicular traffic” means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the city’s special events ordinance, Chapter 12.20 CMC, shall not constitute obstruction of pedestrian or vehicular traffic.
(7) “Public place” means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets 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.
(8) “Public transportation stop” means an area officially marked and designated as a place to wait for a bus, a light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis.
(9) “Self-service fuel pump” means a fuel pump:
(a) From which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator, with or without the aid of an employee or attendant of the premises at which the fuel pump is located; and
(b) That is accessible and available for use by members of the general public. [Ord. 727, 2014]
8.18.020 Aggressive begging.
(1) A person is guilty of aggressive begging if, in a public place, the person intentionally begs with the intent to intimidate another person into giving money or goods.
(2) Aggressive begging is a misdemeanor. [Ord. 727, 2014]
8.18.030 Enforcement.
Violation of this chapter shall be a misdemeanor, punishable by a fine up to $1,000 or by a jail sentence of up to 90 days, or by both such fine and jail time. [Ord. 727, 2014]
8.18.040 No special duty created.
(1) It is the purpose of this chapter to provide for the health, welfare and safety of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. No provisions or term used in this chapter is intended to impose any duty whatsoever upon the town or any of its officers, agents or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
(2) Nothing contained in this chapter is intended to be, nor shall be construed to create or form, the basis for any liability on the part of the town or its officers, agents and employees for any injury or damage resulting from the failure of any person or persons to comply with the provisions of this chapter or by a reason or consequence of any inspector, notice, order, in connection with the implementation or enforcement of this chapter, or by reason of any action of the town related in any manner to the enforcement of this chapter by its officers, agents or employees. [Ord. 727, 2014]