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City VAGRANCY Ordinances
For more information, see the Tips for Handling Vagrancy. For more information on other legal codes related to neighborhood issues, see Code Enforcement and Zoning.
Sec. 8-273. - Camping, tenting or lying on benches.
It shall be unlawful for any person to camp, tent, encamp or quarter upon any public grounds, parks, playfields, playgrounds or any public property owned or maintained by the City or lie upon any benches located within any such public property. If people are sleeping in a public park a PD-117 can be executed which will ban the person from all city parks.
Sec. 19-295. - Solicitation on center median.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Center median means any area in the middle of any street or highway, designed to provide a barrier to keep traffic on one side of the street from going to the other side of the street. A center median may be a raised concrete strip or a grass strip.
Selling, offering for sale, advertising, soliciting, distributing and distribute mean any such activity which involves the delivery of any document, publication or other item or the intent to deliver any document, publication or other item to any occupant of a motor vehicle located on a City street or any such activity which involves the receipt of any money or any item or the intent to receive any money or any item from the occupant of an automobile located on a City street, other than a motor vehicle parked in a designated parking space.
(b) Purpose. Intersections that have center medians often are designed to deal with specific traffic flow problems. Any delay or distraction may interfere with traffic planning. Frequently persons stand near intersections and near traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights. The purpose of this section is to prevent dangers to persons and property, to prevent delays in vehicular and pedestrian traffic and to avoid interference with such traffic flow.
(c) Prohibited use of center median strip. It shall be unlawful for any person to stand or stay on any center median for the purpose of soliciting contributions of any kind. It shall also be unlawful for any person to stand or stay on any center median for the purpose of selling, offering for sale or advertising any product, property or service or for the purpose of distributing any document, product, or other item.
(d) Permitted use of center median. In addition to other pedestrian purposes, center medians may also be used under the following circumstances:
(1) A person may be on the center median temporarily to deal with an emergency.
(2) A pedestrian crossing a street or highway may remain on a center median until it is safe to proceed.
(3) A person may be on that portion of a center median in a street that has been temporarily closed by a permit issued pursuant to Section 24-336.
(e) Penalty. Any person violating this section shall be guilty of a Class 4 misdemeanor. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Sec. 19-296. - Unlawful entry onto streets.
(a) It shall be unlawful for any person to enter a street and approach a motor vehicle to:
(1) Distribute handbills, merchandise, leaflets, bulletins, literature, advertisements, or similar material to the drivers of motor vehicles or passengers therein;
(2) Solicit contributions of any nature from the drivers of motor vehicles or passengers therein; or
(3) Sell any merchandise or attempt to sell merchandise to the drivers of motor vehicles or passengers therein.
(b) Any person violating this section shall be guilty of a Class 4 misdemeanor. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
DIVISION 2. - AGGRESSIVE SOLICITATION RESTRICTIONS
Sec. 19-142. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Aggressive manner means intentionally or recklessly:
(1) Touching or causing physical contact with another person without that person's consent in the course of soliciting, asking, or begging;
(2) Blocking the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting, asking, or begging; or
(3) Using violent, obscene, or threatening gestures or language toward a person solicited, if such conduct is intended to or is likely to cause a reasonable person to fear bodily harm to oneself, or the commission of a criminal act upon the person or upon property in the person's immediate possession or otherwise be intimidated into giving money or other thing of value or buying merchandise.
Public place means any street, sidewalk, bridge, alley, alleyway, plaza, park, public grounds, public driveway, public parking lot, public transportation facility, or inside a motor vehicle in or on any such place.
Solicit, ask or beg means using the spoken, written, or printed word or 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 regardless of the solicitor's purpose or intended use of the money or other thing of value.
Sec. 19-140. - Purpose.
The purposes of the aggressive solicitation restrictions imposed under this division are to:
(1) Reduce the detrimental effect that threatening and intimidating conduct has on a safe environment in the City;
(2) Restrict certain aggressive acts of solicitors without prohibiting constitutionally protected activity; and
(3) Maintain the peace and order of the City and preserve and protect the rights of all citizens to be free of intimidation.
Sec. 19-141. - Offense.
No person shall solicit, ask, or beg in an aggressive manner in any public place.
DIVISION 3. - ADDITIONAL RESTRICTIONS ON SOLICITATION
Sec. 19-174. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Passive solicitation means quietly 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.
Public place means any street, sidewalk, bridge, alley, alleyway, plaza, park, public grounds, public driveway, public parking lot, public transportation facility, or inside a motor vehicle in or on any such place.
Solicit, ask or beg means using the spoken, written, or printed word or 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, regardless of the solicitor's purpose or intended use of the money or other thing of value. The term "solicit, ask or beg" does not include "passive solicitation" as defined in this section.
Sec. 19-172. - Purpose.
The purposes of the solicitation restrictions imposed under this division are to:
(1) Reduce the detrimental effect that threatening and intimidating conduct has on a safe environment in the City;
(2) Restrict solicitation in certain places where citizens feel vulnerable to criminal activity, without prohibiting constitutionally protected activity;
(3) Restrict solicitation after dark, when citizens feel vulnerable to criminal activity, without prohibiting constitutionally protected activity; and
(4) Reduce the detrimental effect that solicitation has on tourism and retail business.
Sec. 19-173. - Offense.
(a) No person shall solicit, ask, or beg in the following public places:
(1) Within 20 feet in any direction of any entrance or exit of any bank during the hours of operation of such bank;
(2) Within 20 feet in any direction of any automated teller machine;
(3) Within 20 feet in any direction of any outdoor or sidewalk café or restaurant during the hours of operation of such outdoor or sidewalk café or restaurant; and
(4) Within 20 feet in any direction of any package store or food store that sells alcohol during the hours of operation of such package store or food store.
(b) No person shall solicit, ask, or beg in a public place after sunset or before sunrise. However, passive solicitation is permitted at any time except within the areas listed in this section or as otherwise prohibited by law.
Sec. 19-176. - Penalty.
Any person, upon conviction of an offense charged under this division, shall be guilty of a Class 4 misdemeanor.