Newark Municipal Code Ch. 9.32 Unlawful Panhandling

The city council of the city of Newark does hereby find as follows:

A. Within the last few years there has been a substantial increase in aggressive solicitation or panhandling throughout the city of Newark, including, but not limited to, several street intersections, multiple commercial districts, and near and around businesses.

B. Aggressive panhandling, which usually includes approaching or following pedestrians, the use of abusive and/or profane language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic, is extremely disturbing and disruptive to residents and businesses and contributes not only to the loss of access and enjoyment of public places, but also to an enhanced sense of fear, intimidation, and disorder.

C. Aggressive and targeted panhandling of commercial customers as they enter and exit retail establishments, including restaurants, bars, cafés, and retail stores, has become increasingly disturbing to residents and businesses, has generated an enhanced sense of fear and intimidation, and has caused many retail customers to avoid shopping or dining within the city. This situation threatens the economic vitality of the city.

D. This law is timely and appropriate because current laws and city regulations are insufficient to address the above-mentioned problems. The restrictions contained herein are neither overbroad nor vague, nor are they intended to be as such, and they are narrowly tailored to serve a substantial governmental interest.

E. Although citizens should be able to enjoy public spaces free from fear, harassment, and intimidation, there is a desire to protect the free speech rights and commercial activities of all people.

F. Accordingly, it is the goal of this law to, in a constitutional manner that is neither overbroad nor vague and that is narrowly tailored to serve a substantial governmental interest, protect citizens from fear and intimidation accompanying certain kinds of solicitation, while, at the same time, protecting free speech rights and commercial activities of all people.

(Ord. No. 463, § I, 4-11-2013)

For the purposes of this chapter, the following words shall have the following meaning, unless the context clearly indicates otherwise:

A. "Aggressive manner" shall include:

1. Approaching or speaking to a person, or following a person before, during, or after panhandling, if that conduct is likely to cause a reasonable person to either: (a) fear bodily harm to oneself or to another, damage to or loss of property; or (b) otherwise be intimidated into giving money, goods, or other things of value; or

2. Approaching an occupied vehicle by entering into the roadway when traffic is either stopped or moving, before, during, or after panhandling; or

3. Knocking on the window of, or physically reaching toward or into, an occupied vehicle before, during, or after panhandling; or

4. Continuing to solicit from a person after the person has given a negative response to such panhandling; or

5. Intentionally touching or causing physical contact with another person without that person's consent before, during, or after panhandling; or

6. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact before, during, or after panhandling; or

7. Using violent or threatening gestures toward a person before, during, or after panhandling; or

8. Using profane, offensive, or abusive language that is likely to provoke an immediate violent reaction, either before, during, or after panhandling; or

9. Following a person while panhandling, with the intent of asking that person for money, goods, or other things of value.

B. "Panhandle", or any variation thereof, shall mean asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Panhandling shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value.

C. "Public place" shall mean a place where a governmental entity has title, or to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, parking lot, transportation facility or vehicle, shopping center, school, place of amusement, park, or playground.

(Ord. No. 463, § I, 4-11-2013)

It is unlawful and a public nuisance for any person to panhandle in an aggressive manner in any public place.

(Ord. No. 463, § I, 4-11-2013)

Violation of this chapter shall constitute a misdemeanor or punishable by a fine not exceeding five hundred dollars, or imprisonment in the county jail for a period not exceeding six months, or both.

(Ord. No. 463, § I, 4-11-2013)

If any section, sentence, clause or phrase of this chapter is declared invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this chapter.

(Ord. No. 463, § I, 4-11-2013)