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Title: 9 - Public Peace, Morals and Safety

Chapter: 20 - Prohibition of abusive panhandling

Section: 30 - Definitions

The following words or phrases as used in this Chapter shall have the following meanings:
 
A.   "Abusive Panhandling" means to do one or more of the following acts before, during and immediately after engaging in Soliciting:
 
1.  Approaching within three (3 ' ) or following a person if that conducts is likely to cause a reasonable disabled or elderly person (a reasonable disabled or elderly person being an objective standard which applies to all persons regardless of age or actual disability) to:
 
  1. Fear bodily harm to oneself or to another, damage to or loss of property; or
  2. Fear the commission or a criminal act; or
  3. Otherwise be intimidated into giving money or other thing of value.
 2.  Physical contact with another person or an occupied automobile without that person ' s consent.
       3.  Intentionally blocking or interfering with the safe of free passage of a pedestrian or vehicle by any means including causing a pedestrian or vehicle to take evasive action to avoid physical contact.
      4.  Approaching within six feet of the door of another ' s vehicle or to render unsolicited services to the vehicle.
        5.  Approaching individuals form behind, as they are exiting their vehicle.
         
        6.   Wearing or displaying an indication of physical disability when the solicitor dose not suffer from the disability so indicated.
         
        7.   Stating that the solicitor is soliciting on behalf of an organization which dose not exist or which has not authorized the solicitor to seek donations on its behalf.
         
        8.  Making any false statement about how the funds will be used if they are given.
        9.  Soliciting from customers inside a store or restaurant.
         
        10.  Extending any portion of the one ' s body into a car window.
         
        11.   Soliciting After Dark.
         
        12.   Soliciting in a loud voice or using violent or threatening gestures toward a
                person solicited.
         
        13.  The use of insult, profanity, or veiled threats which are inherently likely to
               provoke an immediate violent reaction.
         
        14.  Demanding more money after a donation have been given.
         
        15.  More than one Solicitor approaching an individual at once.
         
        16.  "Camping out" by a business to encourage the business owner to give money to a person to go away.
         
        B.   "After Dark" means any time from one-half hour after sunset to one-half hour before sunrise.
         
        C.   "Disabled" means lacking one or more physical powers, such as the ability to walk or to coordinate one ' s movement without the assistance of other individuals or a mobility device including but not limited to a wheelchair, walker, cane, or motorized cart as from the effects of old age, a disease or accident, or through mental impairment.
         
        D.   "Elderly" means person so advanced in years of life as to be:
         
        1. Wanting in mental vigor or physical stamina associated with youth or
         
             2.   Who have reached a stage of greatly decreased physical activity due to
                   physical frailty or cognitive impairment or
         
             3.   Who have a diminished ability to defend themselves in the face of aggressive
                   behavior, either physical or verbal.
         
        F.   "Solicit" means any oral, written, or bodily gesture request for funds or other thing of value by a person to or with passer-by in a continuous and repetitive manner where money or other thing of value are immediately received. Nothing in this definition is intended to prohibit appeals for funds or other things of value to facilitate the dissemination of views and ideas, the advocacy of causes or lawful charitable, religious, education, nonprofit, political and protest activities.
        (Ord. 2010-003 § 1 (part), 2010.)