§ 46-61. Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(1)

Panhandling shall mean any solicitation made in person upon any street, public way, public place, park in the city [Village], or residential property in the Village, 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, and

b.

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

(2)

Aggressive panhandling shall mean any panhandling which is accompanied by one or more of the following:

a.

Panhandling while at any time before, during or after the solicitation touching the solicited person without the solicited person's consent;

b.

Panhandling a person while such person is standing in line and waiting to be admitted to a commercial establishment;

c.

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

d.

Panhandling while following behind, alongside, or ahead of a person who walks away from the panhandler after being solicited;

e.

Panhandling while using profane or abusive language either during the solicitation or following a refusal to make a donation, or making any statement, gesture, or other communication which would cause a reasonable person to be fearful of his safety or to feel compelled to make a donation;

f.

Panhandling in a group of two or more persons;

g.

Panhandling on residential property.

(3)

"Panhandling" and "aggressive panhandling" shall not include:

a.

The act of passively standing or sitting 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;

b.

Performing music, singing or other street performance, even if the performer verbally requests money.

c.

Any form of soliciting as defined in Section 46-1.

(Ord. No. 1615, § 1, 4-8-2010)