Chapter 9.16
AGGRESSIVE SOLICITATION (PANHANDLING)

Sections:

9.16.010    Purpose.

9.16.020    Definitions.

9.16.030    Prohibited activities.

9.16.040    Exemptions.

9.16.050    Violation – Misdemeanor.

9.16.010 Purpose.

The purpose of this chapter is to promote the city of Deer Park’s fundamental interest in public peace, health, and safety, by regulating acts of solicitation that occur at locations and under circumstances specified herein which pose substantial safety risks and/or detract from the peace and enjoyment of citizens and visitors to the city. (Ord. 914 § 1, 2012)

9.16.020 Definitions.

For purposes of this chapter, the following words and terms shall have the meanings set forth below:

A. “Aggressive solicitation” means to solicit or beg with intent to intimidate another person into giving money or goods.

B. “Intimidate” means to coerce or frighten into submission or obedience.

C. “Panhandling” means aggressive solicitation as set forth above herein.

D. “Public property” means and includes, but is not limited to, any road, alley, lane, right-of-way, parking area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel that is in common use by the public with the consent, expressed or implied, of the owner or owners; and any public playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights-of-way open to the use of the public.

E. “Private property open to the public” means and includes, but is not limited to, any parking area, sidewalk, vacant or empty lot, and residential premises used for yard, estate or moving sales, or other similar activities open to the public.

F. “Principal arterial” means Crawford Avenue, Main Street, “D” Street, “H” Street, Colville Avenue, and Fir Street.

G. “Prohibited roadway” means:

1. A state highway, on ramp or off ramp to a state highway, or principal arterial, and also the first 100 feet of a road that intersects a state highway, on ramp or off ramp to state highway, or principal arterial, as measured from the edge of the state highway, on ramp or off ramp to state highway, or principal arterial;

2. Any portion of a road traveled by vehicles;

3. The first five feet beyond the edge of a paved shoulder where there is no sidewalk;

4. Any area within a roundabout or within 100 feet of a roundabout; and

5. Medians, which may be denoted by a physical barrier or solid yellow pavement markings.

H. “Solicit” or “solicitation” means either orally or in writing, directly or by implication, to ask, beg, request or plead for employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose; either orally or in writing, to sell or offer for immediate sale goods, services, or publications; or to distribute without remuneration goods, services, or publications. (Ord. 914 § 1, 2012)

9.16.030 Prohibited activities.

A. No person shall engage in aggressive solicitation or panhandling on any public property or private property open to the public in the city.

B. No person shall solicit from the occupants of any vehicle and be physically present within or subsequently enter a prohibited roadway. As used in this section, “enter” means to cross the vertical plane of the edge of a prohibited roadway. It includes crossing the vertical plane by any part of a person’s body or any extension thereof. (Ord. 914 § 1, 2012)

9.16.040 Exemptions.

This chapter shall not apply to:

A. Activity otherwise prohibited in DPMC 9.16.030 that occurs entirely within and upon private property not open to the public;

B. Activity specifically authorized pursuant to any other chapter or section of the Deer Park Municipal Code or license or permit issued by the city.

C. A person summoning aid in an emergency situation. (Ord. 914 § 1, 2012)

9.16.050 Violation – Misdemeanor.

A violation of this chapter shall constitute a misdemeanor punishable pursuant to DPMC 1.16.010(B). (Ord. 914 § 1, 2012)