2015-04 Code Amendment - Panhandling RegulationsORDINANCE NO. 2015 -04
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL,"
OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS REGULATIONS,"
OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW
SECTION 19 -12, "PANHANDLING;" PROVIDING FOR INTENT;
PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATION OF
CERTAIN CONDUCT; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council finds that an increase in panhandling, begging and solicitation
throughout the Village has been disturbing and disruptive to residents and business and has
contributed to the loss of access to, and enjoyment of, public places; and
WHEREAS, the Village Council further finds that such activities disrupt the free flow of
pedestrian and vehicular traffic and intimidate persons in public places, thereby creating safety
concerns and undermining the Village Council's efforts to promote and attract businesses and
tourism and to preserve the quality of life within the Village; and
WHEREAS, the Village Council wishes to regulate such activities for the protection of its
residents, visitors and businesses without limiting the exercise of constitutionally protected
activities, such as the rights to picket, protest or solicit funds; and
WHEREAS, the Village Council determines that adoption of this Ordinance is in the best
interests of the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Article I, "In General," of Chapter 19,
"Offenses and Miscellaneous Regulations," by adopting a new Section 19 -12 to read as follows
(additional language underlined):
Sec. 19-12. Panhandling.
La) Intent. The intent of this section is to protect persons from
threatening, intimidating or harassing behavior, to keep public places safe and
attractive for use of all members of the community, to provide for the free flow of
traffic and the safety of motorists and pedestrians and to preserve public places
where persons can interact in a peaceful manner. This section is not intended to
proscribe any demand for payment for services rendered or goods delivered or to
prohibit constitutionally protected speech or conduct.
Page 1 of 4
Definitions. Whenever the following words and phrases are used
in this section, they shall have the following meanings:
Aggressive manner shall mean:
(11) Intentionally or recklessly making any physical contact with or
touching another person in the course of the solicitation; or
Q Following the person being solicited, if that conduct is:
a. Intended to or is likely to cause a reasonable person to fear
imminent bodily harm or the commission of a criminal act
upon property in the person's possession; or
b. Intended to or is reasonably ey to intimidate the person
being solicited into responding affirmatively to the
solicitation, or
tD Continuing to solicit within five (5) feet of the person being
solicited after the person has made a negative response, if
continuing the solicitation is:
a. Intended to or is likely to cause a reasonable person to fear
imminent bodily harm or the commission of a criminal act
upon property in the person's possession; or
b. Intended to or is reasonably likely to intimidate the person
being solicited into responding affirmatively to the
solicitation; or
Intentionally or recklessly blocking the safe or free passage of the
person being solicited or requiring the person, or the driver of a
vehicle, to take evasive action to avoid physical contact with the
person making the solicitation; or
Intentionally or recklessly using words:
a. Intended or likely to cause a reasonable person to fear
imminent bodily harm or the commission of a criminal act
upon property in person's possession; or
b. Intended to or reasonably likely to intimidate the person
being solicited into responding affirmatively to the solicitation.
Page 2 of 4
Automated teller machine 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 balance inquiries and
mortgage and loan payments.
Banking facility means all banks, trust companies private bankers savings
banks, industrial banks, safe deposit companies savings and loan associations
credit unions and investment companies.
Panhandle means to solicit through the spoken, written or printed word or
through other acts or body gestures for the purpose of requesting money
other thing of value where the person solicited receives little or no monetary
in exchange and where a reasonable person would understand that the transaction
is essentially a donation. Panhandling shall not include: (a) the solicitation of
contributions on behalf of a charitable entity or other organization exem tp from
taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code;
or (b) passively performing music with a sign indicating that a donation is sought.
(c Prohibited conduct.
(1) No person shall panhandle in an aggressive manner within the
corporate limits of the village.
No person shall panhandle within twenty (20) feet of any
automated teller machine, an entrance or exit to a banking g_acility1
or an entrance or exit to a business establishment open to the public
or a governmental building.
No person shall panhandle when either the person soliciting or
the person being solicited is at a bus stop or within a public
transportation vehicle.
t4,) No person shall panhandle in any parking l parking garage.
(5) No person alongside or within the median of any roadway shall
panhandle from any occupant of a motor vehicle that is on a
roadway nor shall any person stand alongside a roadway or within
the median for the purpose of panhandling:
No person shall panhandle on rip vate property without the
permission of the owner.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Page 3 of 4
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 26TH DAY OF MARCH, 2015.
PLACED ON SECOND, FINAL READING AND PASSED THIS 9TH DAY OF APRIL, 2015.
(Village Seal)
ATTEST:
VILLAGE ._.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 4 of 4