[HISTORY: Adopted by the City Council of
the City of Lancaster 11-22-2016 by Ord. No. 15-2016. Amendments noted where applicable.]
As used herein, the following words and terms shall have the
following meanings:
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 automatic teller machines
and any adjacent space which is made available to banking customers
after regular banking hours.
Any entity duly licensed by the Pennsylvania Department of
Banking to engage in the business of cashing checks, drafts, or money
orders for consideration pursuant to the Check Casher Licensing Act,
Act of February 18, 1998, P.L. 146, as amended, 63 P.S. § 2301
et seq.
Any entity authorized to engage in the business of receiving
money for deposit or transmission pursuant to Section 105 of the Pennsylvania
Banking Code Act of November 30, 1965, P.L. 847, as amended, 7 P.S.
§ 105.
A use characterized by outdoor table service of food or beverages
prepared for service in a structure located adjacent, attached or
in close proximity thereto for consumption on the premises.
Following behind, ahead or alongside a person for more than
25 feet either before, during or after soliciting if that conduct
is intended or is likely to cause a reasonable person to fear bodily
harm to oneself or to another or damage to or loss of property or
otherwise be intimidated into giving money or other thing of value;
Continuing to solicit from a person after that person has given
a negative response to such soliciting or walked away from the solicitor;
Intentionally touching or causing physical contact with the
solicited person without such person's consent;
Intentionally blocking or interfering with the safe or free
passage of a person or vehicle being solicited by any means, including
unreasonably causing a person or vehicle operator to take evasive
action to avoid physical contact;
Using profane or abusive language or speaking in an unreasonably
loud volume, either during the solicitation or following a refusal
to make a donation, or making any statement or gestures toward a solicited
person which would cause a reasonable person to be fearful or feel
compelled; or
Soliciting from a person while that person is waiting in line
for entry to a building or for another purpose.
"Panhandling," "soliciting" and "begging" shall be used interchangeably
in this chapter and shall mean asking or soliciting in person for
an immediate donation of money or objects of value, with the intention
that the money or object be transferred at that time and at that place,
for charity or personal gain. "Panhandling" shall include, but not
be limited to, using the spoken, written or printed word, bodily gestures,
signs, music, singing or other street performance with the purpose
of obtaining an immediate donation of money or other thing of value.
"Panhandling" shall also include exchanges in which the person being
solicited receives an item or thing 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.
Panhandling does not include passively standing or sitting with a
sign or other indication that one is seeking donations, without addressing
any solicitation to any specific person other than in response to
an inquiry by that person.
A place to which the public or a substantial group of persons
has access, including but not limited to any street, highway, sidewalk,
parking facility, plaza, transportation facility, school, place of
amusement, park or playground, and any doorway, entrance, hallway,
lobby or other portion of any business establishment, apartment house
or hotel not constituting a room or apartment designed for actual
residence.
Any "porta potty" located on public property or any restroom
facilities located within any public park or swimming pool which are
intended for use by the general public.
Any vehicle, including a trailer bus, designed, used or maintained
for carrying 10 or more persons, including the driver, or a passenger
vehicle designed for carrying fewer than 10 persons, including the
driver, and used to carry passengers for hire.
A use located on a public sidewalk which is located adjacent
to a full-service restaurant where food and beverages are prepared,
served and sold and are delivered for consumption on the sidewalk.
It is characterized by the presence of tables and chairs and may be
shaded by canopies, awnings or umbrellas. It shall also include the
public right-of-way connecting the main restaurant to the sidewalk
cafe.
No person shall engage in an act of panhandling, solicitation
or begging:
A.
Within 25 feet of the outside perimeter of an outdoor cafe or a sidewalk
cafe unless expressly authorized by the owner, manager or supervisor
of the establishment.
B.
On private or residential property without permission from the owner
or other person lawfully in possession of such property.
C.
Within 20 feet of public toilets.
D.
Within 20 feet of an entrance to or exit from any financial institution,
check cashing business or automated teller machine without the consent
of the owner of the property or another person legally in possession
of such facilities; 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 facility.
E.
With an operator or occupant of a motor vehicle while such vehicle
is located on any public street, for the purpose of the sale of goods
or offering to perform a service in connection with such vehicle,
or in exchange for blocking, occupying or otherwise reserving a public
parking space or directing the operator or occupant to a public parking
space; provided, however, that this subsection shall not apply to
services being offered in connection with emergency repairs requested
by the operator or occupant of such vehicle.
F.
In any public transportation vehicle, stop or facility or in any
public parking lot or facility.
A.
Any person violating any provision of this chapter shall, upon conviction
thereof in a summary proceeding, be sentenced for each violation to
pay a fine of not more than $600 and cost of prosecution and, in default
of the payment of such fine and cost, to undergo imprisonment for
not more than 30 days.
B.
In addition to any other remedy provided in this chapter, the City
may institute proceedings to restrain any violation of, or to require
compliance with, this chapter.
C.
The existence or exercise of any remedy shall not prevent the City
from exercising any other remedy provided under this chapter or available
at law or equity.
