[Adopted 6-20-2016 by Ord. No. 1824-2016]
A.
The Township of Hamilton recognizes a constitutional right to beg
or solicit in a peaceful and nonthreatening manner. An increase in
aggressive soliciting and begging throughout the Township of Hamilton,
however, is disturbing and disruptive to residents and businesses
and is contributing not only to the loss of access to and enjoyment
of public places, but also to an enhanced sense of fear, intimidation
and disorder. The concerning panhandling and begging activity usually
includes approaching or following pedestrians or motorists, the use
of abusive language, unwanted physical contact or the intentional
blocking of pedestrian and vehicular traffic.
B.
The Township of Hamilton is further concerned that its residents
can be tricked by the misrepresentations of panhandlers to donate
money that the panhandlers then use for another purpose. The Township
of Hamilton further finds that the presence of individuals who solicit
money from persons at or near banks or automated teller machines is
especially troublesome. Panhandling and begging activity often carries
with it an implicit threat to both persons and property.
C.
This chapter is timely and appropriate because current laws and Township
of Hamilton regulations are insufficient to address the aforementioned
problems. This chapter is designed to protect citizens from the fear
and intimidation accompanying certain kinds of solicitation that have
become an unwelcome and overwhelming presence in the Township of Hamilton.
This chapter is not enacted to limit any persons from exercising their
constitutional right to solicit funds, picket, protest or engage in
other constitutionally protected activity. The restrictions contained
herein are neither overbroad nor vague and are narrowly tailored to
serve a substantial governmental interest. The Township of Hamilton
recognizes the availability of community service and other sentencing
alternatives which may be appropriate remedies for violations of this
chapter.
Speaking or following a person in a manner that would cause
a reasonable person to fear bodily harm or the commission of a criminal
act upon the person or upon property upon the person's immediate
possession or would intimidate another person into giving money or
goods.
See "beg."
To ask for money or goods as a charity, whether by words,
bodily gestures, signs or other 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.
Any banking corporation as defined in the United States Code
or the New Jersey statutes.
Using the spoken, written or printed word or bodily gestures,
signs or other means with the purpose of obtaining an immediate donation
of money or other thing of value or soliciting the sale of goods or
services.
Any solicitation made in person, requesting an immediate
donation of money or other thing of value.
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 Hamilton Township parade
ordinances and regulations or other constitutionally protected activity,
such as picketing, are exempt from this chapter.
A place to which the public or a substantial group of persons
has access, and includes, but is not limited to, any street, highway,
parking lot, plaza, transportation facility, school, place of amusement,
park, playground and any hallway, lobby and other portion of an apartment
house or hotel not constituting a room or apartment designed for actual
residence. Public places shall also include door-to-door begging in
an aggressive manner as defined herein.
A.
No person shall:
(1)
Ask, beg or solicit alms, including money and other things of value,
in an aggressive manner in any public place. Acts authorized as an
exercise of one's constitutional right to picket, the right to
legally protest, and any acts authorized by permit issued pursuant
to the Township of Hamilton Code shall not constitute obstruction
of pedestrian or vehicular traffic.
(2)
Ask, beg or solicit alms in any public transportation vehicle or
at any bus or train station or stop.
(3)
Ask, beg or solicit alms within 100 feet of any automatic teller
machine (ATM).
(4)
Ask, beg or solicit alms from any operator or occupant of a motor
vehicle that is in traffic on a public street.
(5)
Ask, beg or solicit alms from any operator or occupant of a motor
vehicle on a public street in exchange for blocking, occupying or
reserving a public parking space or directing the operator or occupant
to a public parking space.
(6)
Ask, beg or solicit alms in exchange for cleaning motor vehicle windows
while the vehicle is in traffic on a public street.
(7)
Ask, beg or solicit alms in exchange for protecting, watching, washing,
cleaning, repairing or painting a motor vehicle or bicycle while it
is parked on a public street.
(8)
Ask, beg or solicit alms on private property or residential property
without permission from the owner or occupant.
(9)
Ask, beg or solicit alms after sunset and before sunrise.
(10)
Ask, beg or solicit alms within 25 feet of the entrance or exit
of any business establishment where the express intent of such asking,
begging or soliciting of alms is to solicit directly from the employees
or patrons of such business establishment, unless permission from
the business establishment is granted to do so.
B.
False or misleading representations prohibited.
(1)
It shall be unlawful for any person to knowingly make any false or
misleading representation in the course of soliciting a donation.
False or misleading representations include, but are not limited to,
the following:
(a)
Stating that the donation is needed to meet a specific need,
when the solicitor already has sufficient funds to meet that need
and does not disclose that fact;
(b)
Stating that the donation is needed to meet a need which does
not exist;
(c)
Stating that the solicitor is from out of town and stranded,
when such is not true;
(d)
Wearing a military uniform or other indication of military service,
when the solicitor is neither a present nor former member of the service
indicated;
(e)
Wearing or displaying an indication of physical disability,
when the solicitor does not suffer the disability indicated;
(f)
Use of any makeup or device to simulate any deformity; or
(g)
Stating that the solicitor is homeless, when he or she is not.
(2)
It shall be unlawful for any person to solicit a donation stating
that the funds are needed for a specific purpose and then spend the
funds received for a different purpose.
Nothing in this chapter shall prohibit passively standing or sitting with a sign or other indication that one is seeking donations, such as a coin drop, so long as one does not make false or misleading representations prohibited by § 224-3B of this chapter.
A.
Maximum penalty. For violation of any provision of this chapter,
the maximum penalty shall, upon conviction for such violation, be
one or more of the following:
B.
Appropriateness of maximum penalty. Appropriateness of the maximum
penalty stated in this general penalty section is not intended to
state an appropriate penalty for each and every violation. Any lesser
penalty, including a nominal penalty or no penalty at all, may be
appropriate for a particular case or a particular violation.
C.
Separate violation. Except as otherwise provided, each and every
day in which a violation of any provision of this chapter exists shall
constitute a separate violation.
D.
Repeat offenders. Any person who is convicted of violating any provisions
of this chapter within one year of the date of a previous violation
of the same provision and who was fined for the previous violation
shall be sentenced by the court to an additional fine as a repeat
offender. The additional fine imposed by the court upon a person for
a repeat offense shall not be less than the minimum or exceed the
maximum fine fixed for a violation of this chapter, but shall be calculated
separately from the fine imposed for the violation of any provision
of this chapter. It shall be the responsibility of the officer signing
the complaint to determine before the trial whether the person is
subject to the additional fine as a repeat offender. The defendant
shall be provided with a reasonable opportunity to dispute any allegation
that (s)he is subject to punishment as a repeat offender.
E.
Default in payment of fine. Any person convicted of the violation
of any provision of this chapter in default of the payment of any
fine imposed therefor, may, in the discretion of the court by which
(s)he was convicted, be imprisoned in the county jail for a term not
exceeding 90 days or be required to perform community service for
a period not exceeding 90 days.
