16.43 MENACING PANHANDLING PROHIBITED.

(1)    PURPOSE. The purpose of this ordinance is to ensure unimpeded pedestrian traffic flow, to maintain and protect the well-being of pedestrians and to otherwise foster a harassment-free climate in public places in the City of Edgerton.

(2)    In or near any thoroughfare or place open to the public, no person shall procure or attempt to procure a handout from another in a manner or under circumstances manifesting an express or implied threat or coercion. Among the circumstance which may be considered in determining whether such purpose is manifested are the following: that such persons repeatedly and in a threatening fashion, beckons to, stops, or attempts to stop passer(s)-by; that such person utilizes threatening bodily gestures. The violator’s conduct must be such as to demonstrate a specific intent to induce, solicit, or procure from another goods or money by threat or coercion. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose. As used in this subsection:

(a)    “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 ground enclosing them;

(b)    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.