§ 22-96. Begging, panhandling and soliciting alms by accosting or forcing oneself upon the company of another.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Accosting means approaching or speaking to a person in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon the person or property in his immediate possession.

Ask, beg or solicit means, without limitation, the spoken, written or printed word or such other acts as are conducted in furtherance of the purpose of obtaining alms.

Forcing oneself upon the company of another means continuing to request, beg or solicit alms from a person after that person has made a negative response, blocking the passage of the individual addressed, touching the solicited person without their consent, following behind, ahead or alongside a person who walks away from a beggar after being solicited, begging in a group of two or more, using profane or abusive language, or otherwise engaging in conduct which could reasonably be construed as intended to compel or force a person to accede to demands.

Panhandling/panhandle means any solicitation made in 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 by vocal appeal or for music, singing or other street performance; and 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 nor 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)

Exceptions. Except when performed in the manner, time and locations set forth in subsections (c), (d) and (e) of this section, it shall not be unlawful to ask, beg, solicit or panhandle money or other things of value.

(c)

Location. It shall be unlawful for any person to solicit or panhandle money or other things of value:

(1)

On private property if the owner, tenant or lawful occupant has asked the person not to solicit on the property or has posted a sign clearly indicating that solicitations are not welcome on the property;

(2)

Within 20 feet of the entrance to, or exit from, any public toilet facility;

(3)

Within 20 feet of an automatic teller machine; provided that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance to, or exit from, the automated teller machine facility;

(4)

In any public transportation vehicle or bus, or within 20 feet of any bus stop or taxi stand;

(5)

From any operator of a motor vehicle that is in traffic or parked on a public street or alley; provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the owner or passenger of such vehicle;

(6)

From any person who is waiting in line for entry to any building, public or private, including any residence, business or athletic facility;

(7)

Within 20 feet of the entrance to, or exit from, a building, public or private, including any residence, business or athletic facility;

(8)

Within 20 feet of an outdoor eating area;

(9)

On a street or within an area that has been closed by city council resolution for a parade, street fair or other special event;

(10)

Within 20 feet of any persons engaged in a recreational activity in any city park, including but not limited to fishing and picnicking; or

(11)

Any clear vision area as defined under MCL 257.674a.

(d)

Time. It shall be unlawful for any person to solicit or panhandle money or other things of value on any day after sunset, or before sunrise.

(e)

Manner. It shall be unlawful for any person to solicit or panhandle money or other things of value by:

(1)

Accosting another; or

(2)

Forcing oneself upon the company of another.

(Prior Code, § 9.102(8); Ord. No. 2000-17, 1-15-2001; Ord. No. 2004-14, 6-21-2004; Ord. No. 2016-02, § 1, 3-21-2016)

State law reference

A person found begging is deemed a disorderly person, MCL 750.167(1)(h).