HomeMy WebLinkAboutCHAPTER 85DCHAPTER 85D. AGGRESSIVE PANHANDLING
Updated 2014 85D-1
85D. AGGRESSIVE PANHANDLING
85D.01. Purpose. Subdivision 1. Panhandling is a growing social
and public safety concern faced by cities of all sizes including Rochester. Many
panhandlers passively ask for money or hold a sign. Federal and state courts
have ruled such passive panhandling is protecte d speech under the First
Amendment. This ordinance is not directed towards such protected speech.
This ordinance is not intended to limit any person from exercising his or her
constitutional right to solicit funds, picket, protest, or engage in other
constitutionally protected activity.
Subd. 2. Other panhandlers are much more aggressive in seeking money
or assistance by making loud and repeated demands, by touching or following
the solicited person, or by panhandling in places that are particularly inti midating
such as near an ATM machine, near a restroom, on a public bus, on a sidewalk
café, or near a person’s car. Under these circumstances, persons approached
by panhandlers asking for money, objects, or other things of value are
particularly vulnerable to real, apparent, or perceived coercion, fear, and
intimidation when the request is accompanied by aggressive behavior or in a
“captive audience” setting. This is considered Aggressive Panhandling. Federal
and state courts have ruled Aggressive Panhandling to be outside the protection
of the First Amendment. This ordinance is directed towards Aggressive
Panhandling only.
Subd. 3. Aggressive panhandling is disturbing and disruptive to residents
of and visitors to the City, and contributes to the loss of access to and enjoyment
of public places out of a sense of fear, intimidation, and disorder. The purpose of
this chapter is to protect the public safety, health, and welfare by balancing the
rights of those who seek to panhandle with the rights of ot hers to be free of
intimidation, fear, harassment or threats upon their personal safety as they travel
upon the City streets and sidewalks. The City of Rochester has a duty to protect
the rights of all people to exercise their First Amendment rights safel y and
without intimidation. The City of Rochester has a compelling governmental
interest in imposing certain reasonable time, place, and manner regulations
whenever potential First Amendment activities, such as panhandling, occur on
streets, highways, sidewalks, plazas, and other public venues within the City.
CHAPTER 85D. AGGRESSIVE PANHANDLING
Updated 2014 85D-2
85D.02. Definitions. Subdivision 1. The term “Aggressive
Panhandling” shall mean Panhandling that occurs in any of the following
situations or locations:
A. The Panhandler intentionally touches or causes physical contact with
the solicited person without the solicited person’s consent;
B. The Panhandler repeats the solicitation when the solicited person has
refused an immediate prior solicitation made at that location;
C. The Panhandler blocks the path of the Solicited Person;
D. The Panhandler follows behind, alongside, or ahead of the Solicited
Person during or after the Panhandling Request with the intent to
intimidate or continue the solicitation;
E. The Panhandler speaks profane or abusive language, or uses an
obscene gesture at the Solicited Person immediately before, during, or
after the Panhandling event; or
F. During the Panhandling event, the Panhandler makes any statement
other than the solicitation or acts in any manner which would cause a
reasonable person to feel harassed, intimidated, or compelled to make
a donation.
G. The Panhandler is within fifteen feet of an ATM or entrance to a
financial institution.
H. The Panhandler is within fifteen feet of a public restroom.
I. The Panhandler is in a public transportation vehicle or public
transportation facility, including a bus stop or taxi stand.
J. The Panhandler is within 15 feet of a Sidewalk Café, Vending Cart, or
outdoor dining area.
K. The Panhandler approaches a vehicle which is traveling, parked, or
stopped on a public street.
L. The Panhandler approaches a person in line waiting to be admitted
to a commercial or government establishment.
CHAPTER 85D. AGGRESSIVE PANHANDLING
Updated 2014 85D-3
Subd. 2. The term “Automated Teller Machine” or “ATM” means a
device linked to a financial institution’s account records, which is able to carry out
transactions including, but not limited to, account transfers, deposits, cash
withdrawals, and balance inquiries.
Subd. 3. The term “Panhandler” means a person who engages in
Panhandling.
Subd. 3. The terms “Panhandling” or “Panhandling Event” means any
solicitation made in person upon any street, public place, or park in which a
person requests an immediate donation of money or other gratuity (by words,
bodily gestures, or signs) when approaching or stopping another person.
Panhandling or Panhandling Event includes the act of soliciting a donation by
vocal appeal or by music, singing, or other street performance, as well as 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. Panhandling or
Panhandling Event does not include the act of passively standing, sitting, or
performing music, singing, or other street perfo rmance with a sign or other
indication that a donation is being sought without any vocal request other than a
response to an inquiry by another person.
Subd. 4. The term “Sidewalk Cafe” means any establishment licensed
under chapter 73B.
Subd. 5. The term “Solicited Person” mean any person who receives
a solicitation under circumstances that constitute Panhandling.
Subd. 6. The term “Vending Cart” means any establishment licensed
under chapter 73D.
85D.04. Prohibition. No person shall engage in Aggressive
Panhandling.
85D.05. Penalty. Subdivision 1. Any person who violates this
chapter may be prosecuted for a misdemeanor offense subject to the notice
requirement in subdivision 2.
CHAPTER 85D. AGGRESSIVE PANHANDLING
Updated 2014 85D-4
Subd. 2. No person may be prosecuted under this chapter until the
person has been informed by law enforcement, including a community service
officer, about: (A) the rules as to where panhandling can and cannot occur; (B)
the penalty for violating those rules; and (C) the various charitable and social
services available to the person.
(4167, 8/18/14)