§ 20-25. Begging, panhandling, or soliciting contributions.

(a)

Definitions.

(1)

To beg, panhandle, or solicit contributions shall be defined to include, without limitation, the spoken, written, or printed word or such other acts as are conducted in furtherance of the purpose of obtaining monetary contributions for the private benefit of the solicitor or any other person;

(2)

Accosting another person shall be defined as approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of criminal act or damage to property in his immediate possession;

(3)

Intimidate another person shall be defined as acting in such a way as would cause a reasonable person to fear bodily harm and therefore to do something he or she would not otherwise have done;

(4)

Forcing oneself upon the company of another person shall be defined as:

(i)

Continuing to request or solicit contributions in close proximity to the person addressed after that person has responded negatively;

(ii)

Blocking the passage of the person addressed; or

(iii)

Otherwise engaging in conduct which reasonably could be understood as intended to force a person to accede to demands.

(5)

Public place shall be defined to include streets, highways, and roadways (including the shoulders and medians), sidewalks, alleys, and other public property, as well as town-owned and town-controlled property and private property open to the public unless permission to solicit has been obtained from the town or from the property owner or other person in authority.

(6)

Vocal appeal shall be defined as begging, panhandling, or solicitation of contributions by spoken word or other verbal request.

(7)

Direct written appeal shall be defined as begging, panhandling, or solicitation by handing to a person or attempting to hand to a person a written solicitation for immediate contributions.

(8)

Nighttime shall be defined as the time from dusk to dawn.

(b)

No person shall beg, panhandle, or solicit contributions in a public place in a manner so as to intimidate another person or by accosting another person, or by forcing oneself upon the company of another person.

(c)

No person shall beg, panhandle or solicit contributions from another person within twenty (20) feet of an entrance or exit of any bank or financial institution or within twenty (20) feet of any automated teller machine.

(d)

No person shall beg, panhandle, or solicit contributions while sitting or standing on a roadway or the shoulder or median of a roadway.

(e)

No person shall beg, panhandle, or solicit contributions in a public place by vocal appeal or direct written appeal during nighttime.

(f)

Violation of this section shall constitute a misdemeanor and shall subject the violator to a fine of not more than fifty dollars ($50.00) or imprisonment for not more than seven (7) days.

(Ord. No. 14-08, 4-21-080

State law reference

City power to regulate begging, G.S. § 160A-179.