Atwater Municipal Code Ch. 8.48 Panhandling

The purpose of this chapter is to ensure that public property, streets and areas within the City are safe, clean, free from obstruction, readily accessible, and available for use by the public. Use of public property, streets and areas for aggressive panhandling interferes with the rights of others to use these areas for their intended purpose.

(Ord. CS 959, § 1, 5-11-2015)

Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meanings:

A. "Panhandling" shall mean, but not be limited to, solicitation, including, but not limited to, immediate request for money, property, food, drink or any other item. The term "panhandling" shall not include the sale by legitimate non-profit organizations of fundraising items such as Girl Scout Cookies, discount coupons, candy bars and similar items, or other legitimate charitable fundraising activities, provided however, that such fundraising activities shall be limited to two times per year per organization.

B. "Public property" shall mean property owned by the City or otherwise dedicated to the use of the public and shall also include privately owned property open to the public or large groups of the public. The term "public property" shall expressly include, but not be limited to, streets, medians, traffic islands, alleyways, improved or unimproved public parking lots or parking areas, parks, recreation areas, landscaped areas, green areas, and walkways.

(Ord. CS 959, § 1, 5-11-2015)

Panhandling on public property is prohibited when any of the following conditions exist:

A. It is conducted in an aggressive manner.

B. It is accompanied by any of the following:

1. Verbal or physical threats;

2. Coercion;

3. Any statement, gesture or other communication which a reasonable person would perceive to be a threat to the person solicited; or

4. Profane or abusive language before, during or after the solicitation or following a refusal.

C. The person engaged in panhandling persists in requests following a negative response from the individual being solicited.

D. The person engaged in panhandling blocks the path of the person solicited.

E. The person engaged in panhandling comes within three feet of the person being solicited, until that person has indicated that he/she wishes to make a donation.

F. It occurs within 50 feet of any of the following locations:

1. Bank, savings and loan or other financial institution;

2. Cash checking business;

3. Automated teller machine ("ATM");

4. Public transportation, vehicle or facility;

5. Bus stop;

6. Train stop; or

7. Outdoor vending machine.

G. It occurs within ten feet of any vehicle.

H. It occurs on private property unless the person engaged in panhandling has permission from the owner or occupant.

I. It occurs at any location in which the panhandling may impede traffic or otherwise obstruct the free use of public property.

J. It occurs after sunset or before sunrise.

K. A group of two or more people engage in panhandling at the same time or in the same vicinity.

L. The person engaged in panhandling is under the influence of alcohol or any illegal narcotic or controlled substance.

M. It is accompanied by a false or misleading statement made in connection with the solicitation, including, but not limited to:

1. That the donation is needed to meet a specific need when that need does not exist or when the solicitor already has sufficient funds to meet that need and does not disclose that fact.

2. Wearing or displaying an indication of disability when the solicitor does not suffer that disability.

3. Stating that the solicitor is homeless when that is not true.

4. Stating that the solicitor is soliciting on behalf of an organization which does not exist or which has not authorized the solicitor to seek donations on its behalf.

Panhandling is not prohibited when it is limited to passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person.

(Ord. CS 959, § 1, 5-11-2015)

A. Any person who violates any provision of this chapter shall be deemed to have created a nuisance.

B. The first violation of any provision of this chapter shall be punishable by a fine in the amount of $100.00, in addition to any other criminal, civil, and/or administrative remedies.

C. The second violation of any provision of this chapter shall be punishable by a fine in the amount of $250.00, in addition to any other criminal, civil, and/or administrative remedies.

D. The third violation of any provision of this chapter shall be punishable by a fine in the amount of $500.00, in addition to any other criminal, civil, and/or administrative remedies.

E. Subsequent violations of any provision of this chapter shall be a misdemeanor and shall be punishable by a fine in the amount of $1,000.00, imprisonment for a maximum of six months in County jail, or both.

(Ord. CS 959, § 1, 5-11-2015; Ord. CS 1039, § 5, 10-11-2021)