HomeMy WebLinkAboutORDINANCES-2000-131-O-00•
11 /30/00, 12/5/00, 1 /24/01
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AN ORDINANCE
Amending Chapter 5 of Title 9 of the
Evanston City Code Regulating Panhandling
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Chapter 5 of Title 9 of the Evanston City Code, 1979,
as amended, is further amended by adding the following new section:
9-5-29: PANHANDLING:
(A) DEFINITION:
Panhandling: Any solicitation made in person upon any street,
public place or park in the City, in which a person
requests an immediate donation of money or other
gratuity from another person, and includes but is not
limited to seeking donations:
(1) By vocal appeal or for music, singing, or other
street performance; and
(2) Where the person being solicited receives an
item of little or no monetary value in exchange
for a donation, under circumstances where a
reasonable person would understand that the
transaction is in substance a donation.
However, panhandling shall not include the act of passively standing or
sitting or performing music, singing or other street performance with a sign
or other indication that a donation is being sought, without any vocal
request other than in response to an inquiry by another person.
(B) PANHANDLING PROHIBITED:
(1) It shall be unlawful to engage in an act of panhandling when the
person being solicited is located in a sidewalk cafe, in a public
transportation vehicle, or in a public transportation facility.
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(C)
(2) It shall be unlawful to engage in an act of panhandling when either
the panhandler or the person being solicited is located at any of the
following locations: at a bus stop; in any public transportation
vehicle or public transportation facility; in a vehicle which is parked
or stopped on a public street or alley; in a sidewalk cafe, or within
twenty (20) feet in any direction from an automatic teller machine or
entrance to a bank.
AGGRESSIVE PANHANDLING PROHIBITED:
It shall be unlawful to engage in an act of panhandling in an aggressive
manner. A person's manner is aggressive if the person engages in any of
the following actions:
(1) Panhandling a person who is standing at an automatic teller
machine while located within ten (10) feet of that person.
(2) Panhandling a person who is standing at an automatic teller
machine while the person is standing at the machine and within
fifteen (15) seconds after the person begins to leave the machine. .
(3) Repeating a panhandling request when the person solicited is
stationary and has refused an immediately prior request made at
that location. Examples of a person who is stationery include but
are not limited to:
(a) someone waiting in line, at a bus stop, or for a traffic signal,
or
(b) someone seated on a public bench or in a car parked or
stopped in a public street or alley.
(4) At any time immediately before, during, or after the panhandling
request, touching the solicited person without that person's
consent.
(5) Panhandling while blocking the path of the person solicited or the
entrance to any building or vehicle.
(6) Following behind, alongside, or ahead of the person solicited during
or after the panhandling request.
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(7) Directing profane or abusive language at the person solicited at any
time immediately before, during, or after panhandling. 0
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• (8) Immediately before, during, or after panhandling, making any
statement other than the panhandling request or acting in any other
manner which, in light of the circumstances taken as a whole, i.e.
darkness, would cause a reasonable person to feel harassed,
intimidated, or compelled to contribute.
(D) PENALTY:
Each act of panhandling prohibited by this section shall constitute a public
nuisance and a separate violation of this Code and is punishable by a
fine, or community service.
SECTION 2: That this ordinance shall be in full force and effect upon
passage and approval and publication in the manner provided by law.
SECTION 3: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
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Introduced: ?�- �' -'� �%�=<. 2000
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Adopted: _%�, t,;, �c .� f , 2000
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Approved: 200$
Mayor
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