§ 74-151. Aggressive panhandling.

(a)

Applicability. This section does not apply to a person who is (i) conducting operations as an itinerant merchant or open air vendor if such person has a valid license pursuant to article II of this chapter for such operations; (ii) conducting a charitable solicitations campaign if such person has a valid permit pursuant to article III of this chapter for such campaign; or (iii) seeking a charitable solicitation as provided by V.T.C.A., Transportation Code § 552.007(a), if such person has been granted authorization by the city pursuant to V.T.C.A., Transportation Code § 552.0071 for such solicitation.

(b)

Definitions. The following words, terms, and phrases when used in this section shall have the meanings ascribed to them in this subsection, unless the context of their usage clearly indicates another meaning:

Automated teller machine or ATM means a machine, other than a telephone or modem operated by a customer of a depository institution, through which a person may initiate an electronic fund transfer, as defined by 15 U.S.C. Section 1693a(6). The term includes a point-of-sale terminal or cash dispensing machine.

Fuel dispensing device means a pump or other machine utilized for dispensing fuel to motor vehicles for a fee.

Panhandle means obtain or seek to obtain by accosting or begging from someone.

Pay telephone means any coin-operated or credit or debit card reader operated telephone located on any public or private property that is accessible for public use.

Parking fee collection box means a device utilized to collect coins or currency as a charge for parking a motor vehicle on private property.

Parking meter means any coin-operated meter utilized to charge for parking a motor vehicle on public property.

Public place means any public indoor or outdoor facility, street, sidewalk, roadway, or other place that is open to the public.

Request means any imperative instruction, whether verbal or non-verbal, by a solicitee to a solicitor to desist the solicitation including, but not limited to, words or gestures such as "stop," "back off," "stay back," "get away," "leave me alone," or "withdraw."

Roadway means the roadbed, shoulder, median, curbs, safety zones, sidewalks, overpass structures, and utility easements located adjacent to or near the roadway.

Solicitation means the act of panhandling by seeking through a communication with another person, whether by gesture or verbally, goods or funds for food, personal favors, including, but not limited to trips, transportation, or clothing, drink, lodging, or vehicle fare, or any other purpose.

Solicitee means any individual to whom a solicitor directs a solicitation.

Solicitor means any person who engages in the act of solicitation.

Vending machine means any coin-operated, automatic machine that dispenses goods or merchandise.

(c)

Regulated conduct.

(1)

Immediately upon any request from a solicitee to a solicitor, a solicitor, who is in a public place at the moment the request is made, shall discontinue all efforts to engage in the solicitation.

(2)

No solicitor shall engage in solicitation within a distance of 50 feet from any ATM, pay telephone, parking meter, parking fee collection box, vending machine, or fuel dispensing device.

(3)

No solicitor shall stand in a roadway to solicit a ride, contribution, employment, or business from an occupant of a vehicle, except that a person may stand in a roadway to solicit a charitable contribution if authorized to do so by the local authority having jurisdiction over the roadway and in accordance with V.T.C.A., Transportation Code § 552.0071.

(d)

Distance measurements. For the purposes of subsection (c)(2) of this section, distance shall be measured from any extension of the solicitor's body, including without limitation any sign or other object being used or carried by the solicitor, to any part of the physical structure of the ATM, pay telephone, parking meter, parking fee collection box, vending machine, or fuel dispensing device.

(e)

Penalty for violation. Any person who knowingly or intentionally violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided by section 1-14 of this Code.

(f)

Administrative rules. The police chief is authorized to promulgate such rules and regulations necessary for the implementation and administration of this section.

(Ord. No. 11,141, § 1, 6-25-09; Ord. No. 12,006, §§ 2—4, 8-23-12)