§ 54-412. Aggressive panhandling.

(a)

This section shall apply to violations of those provisions of the Code of the City of New Orleans specified in subsections (b) through (h) herein that occur within the Downtown Development District (DDD), as defined in section 146-193 of the Code of the City of New Orleans.

(b)

As used in this section, panhandling is prohibited in the following locations within the DDD:

(1)

A bus, streetcar, or train stop;

(2)

In a public transportation vehicle or facility;

(3)

In a sidewalk café or within 30 feet of the café;

(4)

Twenty feet in any direction from an automatic teller machine (ATM) or bank; or

(5)

Within eight feet of any occupied passenger vehicle on the street.

(6)

In public park(s).

(c)

Panhandling, as used in this section, means any solicitation made in person whereby a request is made for an immediate donation of money or other gratuity from another, and includes, but is not limited to, seeking donations by vocal appeal. However, panhandling shall not include the act of passively standing or sitting 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.

(d)

It shall be unlawful to engage in an act of panhandling on any day after 7:00 p.m. or before 6:00 a.m.

(e)

It shall be unlawful to engage in an act of panhandling in an aggressive manner, including any of the following actions:

(1)

Touching the solicited person without the solicited person's consent;

(2)

Panhandling a person while such person is standing in line and waiting to be admitted to a commercial establishment;

(3)

Blocking the path of a person being solicited or the entrance to any building or vehicle;

(4)

Following behind, ahead or alongside a person who walks away from the panhandler after being solicited;

(5)

Approaching and coming within three feet of a person unless the person has agreed to make a donation;

(6)

Using profane or abusive language, either during the solicitation or following a refusal to make a donation, or making any statement, gesture, or other communication which would cause a reasonable person to be fearful or feel compelled to make a donation.

(f)

Penalties for violation and/or continued violation of this section are as set forth in section 1-21 of the Code of the City of New Orleans or community service of up to 25 hours per infraction.

(g)

Enforcement of this section shall be as provided for in section 1-21 of the Code of the City of New Orleans or community service of up to 25 hours per infraction.

(h)

Administrative adjudication of violations of this section shall be as provided for in section 1-21 of the Code of the City of New Orleans.

(M.C.S., Ord. No. 24350, § 1, 3-17-11)