HomeMy WebLinkAboutNeenah, WI Code of Ordinances - Panhanding Sec. 11-97. -Aggressive or menacing panhandling prohibited.
(a) Purpose. The purpose of this section is to ensure unimpeded pedestrian traffic flow, to
maintain and protect the physical safety and well-being of pedestrians and to otherwise
foster a safe and harassment-free climate in public places in the City of Neenah.
(b) Definitions. As used in this section, the following terms shall have the following meanings,
unless the context clearly indicates that a different meaning is intended:
Panhandling means any solicitation made in person upon any street, public place or park in the city,
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 or for music, singing, or other street performance; 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.
However, panhandling shall not include the act of passively standing or sitting nor 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 or place open to the public is an area generally visible to public view and includes
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving
or not), and buildings open to the general public including those which serve food or drink, or provide
entertainment, and the doorways or entrances in buildings or dwellings and the grounds enclosing
them.
Threatening, aggressive or intimidating behavior or manner. A conversation or gesture or both shall
be construed as "threatening" if a reasonably prudent individual would perceive such conduct as
intending to result in the procurement of money or goods by threat or coercion. Behavior shall be
construed as "aggressive" or "intimidating' if a reasonably prudent individual could be deterred from
passing through or remaining in or near any thoroughfare or place open to the public because of fear,
concern or apprehension caused by such behavior.
(c) The following acts shall be deemed unlawful and constitute a public nuisance under this
Code:
(1) To engage in an act of panhandling on any day after sunset or before sunrise.
(2) To engage in an act of panhandling when either the panhandler or the person being
solicited is located at any of the following locations: at a bus stop; in any public
transportation vehicle or public transportation facility; in a sidewalk cafe; or within 50
feet in any direction from an automatic teller machine or entrance to a bank.
(3) To engage in an act of panhandling in a threatening, aggressive or intimidating manner,
including any of the following actions:
a. 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 or public place;
c. Blocking the path of a person being solicited, or the entrance to any building, place
open to the public or vehicle;
d. Following behind, ahead or alongside a person who walks away from the
panhandler after being solicited;
e. 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 or feel
compelled; or,
f. Sitting or reclining on a public sidewalk with intent to procure or attempt to
procure a handout.
(d) Each act of panhandling prohibited by this section shall constitute a public nuisance and a
separate violation of this Code. Each violation shall be punishable as provided in Section 1-20
of the Code, and the court shall enjoin any such violator from committing further violations
of this section.
(Ord. No. 1402, §§ 1-5, 6-2-2010)