Chapter 9.23


9.23.010    Purpose and intent.

9.23.020    Definitions.

9.23.030    Place of panhandling – Violation.

9.23.040    Manner of panhandling – Violation.

9.23.050    Panhandling – Where permitted.

9.23.060    Penalty.

9.23.070    Severability.

9.23.010 Purpose and intent.

It is the purpose of this chapter to regulate panhandling in order to promote the health, safety, peace, and general welfare of the citizens and visitors of the city of Longview. (Ord. 3051 § 2, 2008).

9.23.020 Definitions.

For the purposes of this chapter:

(1) “Automated teller machine (ATM)” 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.

(2) “Obstructing” means to walk, stand, sit, or lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.

(3) “Panhandler” means any person engaged in the act of panhandling.

(4) “Panhandling” is any solicitation made in person, requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is, in substance, a donation, is a donation for the purpose of this chapter. Offers to work for food or other compensation, under circumstances where a reasonable person would understand that the compensation given is, in substance, a donation, is also a donation for the purposes of this chapter.

(5) “Public transportation vehicle” means any vehicle used as a mode of mass transit. (Ord. 3051 § 2, 2008).

9.23.030 Place of panhandling – Violation.

It shall be unlawful for any person to panhandle when the person solicited is in any of the following places within the city limits of Longview, Washington:

(1) At any bus stop; or

(2) In any public transportation vehicle or facility; or

(3) In any vehicle on a street or on a driveway providing ingress or egress to a street where such driveway is open to the general public; or

(4) Within 50 feet of any automated teller machine (ATM); or

(5) On private property, unless the panhandler is in physical possession of written permission from the owner or lawful occupant thereof. (Ord. 3051 § 2, 2008).

9.23.040 Manner of panhandling – Violation.

It shall be unlawful for any person to panhandle in any of the following manners:

(1) By intentionally coming within three feet of the person solicited, unless that person has indicated that he or she does wish to make a donation; or

(2) By intentionally obstructing the path of the person or vehicle of the person solicited; or

(3) By intentionally obstructing the passage through the entrance or exit of any building; or

(4) By soliciting anyone under the age of 16; or

(5) By following a person who walks away from the panhandler, if the panhandler’s conduct is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or

(6) By using profane or abusive language, either during the solicitation or following a refusal. (Ord. 3051 § 2, 2008).

9.23.050 Panhandling – Where permitted.

Panhandling is permitted in any place and manner not otherwise restricted by this chapter. (Ord. 3051 § 2, 2008).

9.23.060 Penalty.

Any person found to be in violation of this chapter shall be guilty of a misdemeanor, penalty for conviction of which shall be a fine of not more than $1,000 and/or imprisonment of not more than 90 days. (Ord. 3051 § 2, 2008).

9.23.070 Severability.

If any one or more sections, subsections, or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. 3051 § 2, 2008).