§ 13-2031. PEDESTRIAN INTERFERENCE.
(a)
Definitions.
(1)
Aggressively beg or panhandle is defined as begging which intimidates another person into giving money or goods.
(2)
Beg or panhandle means the act of in-person solicitation for an immediate donation of money or goods from passers-by whether by words, bodily gestures, signs, or other means.
(3)
Obstruct pedestrian traffic or vehicular traffic means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized pursuant to the City's picketing and parade ordinances and regulations are exempt from the coverage of this ordinance.
(4)
Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(b)
[Provisions.]
A Person is guilty of pedestrian interference if, in a public place, that person intentionally obstructs pedestrian or vehicular traffic or if that person aggressively begs.
(c)
Where and when prohibited.
All begging and panhandling is prohibited at the following locations and times:
a.
No person shall beg or panhandle between the hours of sunset and sunrise, but in no event earlier than 8:00 a.m. or later than 8:00 p.m. No person shall beg or panhandle in a school zone while students are beginning or ending the school day.
b.
No person shall beg or panhandle in the following areas:
(1)
Within twenty (20) feet of any bus stop, train station or taxi zone.
(2)
Within one hundred (100) feet of any automated teller machine or any other machine at which money is dispensed to the public.
(3)
Within one hundred (100) feet of the entrance to any financial institution which is open for business.
(4)
Within twenty (20) feet of any commercial establishment which is open for business.
(5)
Within twenty (20) feet of any duly permitted outdoor dining area during hours of operation.
(6)
Within twenty (20) feet of the entrance to any residence or residential building.
c.
No person shall beg or panhandle in the following manner:
(1)
While under the influence of alcohol, illegal drug or prescription medication unless prescribed by a licensed physician.
(2)
By coming within three (3) feet of the person being approached unless that person has clearly indicated a desire to make a donation.
(3)
By blocking the path of any person along a sidewalk or street .
(4)
By following the person who has been asked for a donation after that person has either declined the request or walked away.
(5)
By using profane or abusive language during the request for a donation or after a donation has been refused.
(6)
By approaching an individual or individuals for the purpose of begging or panhandling in a group of three (3) or more.
(7)
By begging or panhandling in a manner which uses any statement, gesture or any other form of communication which a reasonable person would perceive as a threat.
(8)
By using false or misleading information such as stating that the donation is needed to meet a specific need which does not exist, is already met, or the requestor already possesses the funds necessary to meet the stated need.
(9)
By indicating that the requestor suffers from a physical or mental disability when the person making the request does not suffer from that disability.
(d)
[Penalty.]
Pedestrian interference is a misdemeanor which may be punished according to the North Carolina General Statutes with a fine not to exceed five hundred dollars ($500.00) and imprisonment not to exceed thirty (30) days.
(Ord. No. 1994-495, §1, 10-19-94; Ord. No. 2001-970, §1, 4-3-01; Ord. No. 2011-836, §§2, 3, 2-1-11, eff. 3-18-11; Ord. No. 2012-29, §2, 3-20-12, eff. 3-25-12)