[Adopted 9-7-1967 as § 3-35
of the Revised General Ordinances]
A.Â
The City Council recognizes a constitutional right to
beg or solicit in a peaceful and nonthreatening manner. The City Council finds,
however, that an increase in aggressive solicitation throughout the City has
become extremely disturbing and disruptive to residents and businesses and
has contributed not only to the loss of access to and enjoyment of public
places but also to an enhanced sense of fear, intimidation and disorder.
B.Â
Aggressive panhandling usually includes approaching or
following pedestrians, the use of abusive language, unwanted physical contact
or the intentional blocking of pedestrian and vehicular traffic. The City
Council further finds that the presence of individuals who solicit money from
persons at or near banks or automated teller machines is especially troublesome.
Motorists also find themselves confronted by persons who, without permission,
wash their automobile windows at traffic intersections despite explicit indications
by drivers not to do so. Such activity often carries with it an implicit threat
to both persons and property. People driving or parking on City streets frequently
find themselves faced with panhandlers seeking money by offering to perform
"services" such as opening car doors or locating parking spaces.
C.Â
This article is timely and appropriate because current
laws and City regulations are insufficient to address the aforementioned problems.
The restrictions contained herein are neither overbroad nor vague and are
narrowly tailored to serve a substantial governmental interest. Furthermore,
in enacting this legislation, the City Council recognizes the availability
of community service and other sentencing alternatives which may be appropriate
remedies for violations of this article.
D.Â
This article is not enhanced to limit any persons from
exercising their constitutional right to solicit funds, picket, protest or
engage in other constitutionally protected activity. Its goal, instead, is
to protect citizens from the fear and intimidation accompanying certain kinds
of solicitation that have become an unwelcome and overwhelming presence in
the City.
For the purposes of this article, the following words shall have the
meanings described herein:
Approaching or speaking to a person or following a person before, during
or after soliciting, asking or begging, if that conduct is intended or is
likely to cause a reasonable person to:
Fear bodily harm to oneself or to another, damage to or loss of property
or the commission of an offense under the New Jersey Code of Criminal Justice
upon oneself or another;
Otherwise be intimidated into giving money or other thing of value;
or
Suffer unreasonable inconvenience, annoyance or alarm.
Intentionally touching or causing physical contact with another person
or with an occupied vehicle, without that person's consent, in the course
of soliciting, asking or begging.
Intentionally blocking or interfering with the safe or free passage
of a pedestrian or vehicle by any means, including unreasonably causing a
pedestrian or vehicle operator to take evasive action to avoid physical contact.
Using violent or threatening gestures toward a person solicited.
See "beg."
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.
The area comprised of one or more automated teller machines and any
adjacent space which is made available to banking customers after regular
banking hours.
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 person or entity duly licensed by the New Jersey Department of
Banking to engage in the business of cashing checks, drafts or money orders
for consideration pursuant to the provisions of the New Jersey banking laws.
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.
See "beg."
No person shall:
A.Â
Solicit, ask or beg in an aggressive manner in any public
place.
B.Â
Solicit, ask or beg within 10 feet of any entrance or
exit of any bank or check cashing business during its business hours or within
10 feet of any automated teller machine during the time it is available for
customers' use; provided, however, that when an automated teller machine is
located within an automated teller machine facility, such distance shall be
measured from the entrance or exit of the automated teller machine facility;
provided, further, that no person shall solicit, ask or beg within an automated
teller machine facility where a reasonable person would or should know that
(s)he does not have the permission to do so from the owner or other person
lawfully in possession of such facility. Nothing in this subsection shall
be construed to prohibit the lawful vending of goods and services within such
areas.
C.Â
Approach an operator or other occupant of a motor vehicle while such vehicle is located on any street for the purpose of either performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services, if such approaching, performing, offering or soliciting is done in an aggressive manner as defined in § 201-11; provided, however, that this subsection shall not apply to services rendered in connection with the lawful towing of such vehicle or in connection with emergency repairs requested by the operator or other occupant of such vehicle.
The provisions of this article shall not apply to any unenclosed automated
teller machine located within any building, structure or space whose primary
purpose or function is unrelated to banking activities, including, but not
limited to, supermarkets, airports and school buildings, provided that such
automated teller machine shall be available for use only during the regular
hours of operation of the building, structure or space in which such machine
is located.
