Sec. 11-5. Public solicitation and begging regulated.
(a) Definitions.
Accosting: approaching or speaking to an individual or individuals in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his or her person, or upon property in his or her immediate possession.
Beg, solicit or panhandle: use of the spoken, written, or printed word, or other acts as are conducted in the furtherance of the purpose of immediately collecting contributions for the use of one's self or others. As used in this ordinance, the word, "solicit," and its forms, includes begging and panhandling.
Financial Institution: any bank, industrial bank, credit union, or savings and loan.
Forcing oneself upon the company of another.
(1) Continuing to solicit in close proximity to the individual addressed after the person to whom the solicitation is directed has made a negative response, either verbally, by physical sign, by attempting to leave the presence of the person soliciting, or by other negative indication;
(2) Blocking the passage of the individual solicited; or
(3) Otherwise engaging in conduct that could reasonably be construed as intending to compel or force a person to accede to a solicitation.
(b) Prohibited acts.
(1) It shall be unlawful for any person to beg, solicit, or panhandle, as defined in subsection (a), above:
a. By accosting another, or by forcing oneself upon the company of another;
b. Within 20 feet of the entrance to any financial institution, or any automatic teller machine;
c. At any outdoor dining area permitted pursuant to section 16-146, or outdoor merchandise area permitted pursuant to section 16-147, provided such areas are in active use at the time;
d. At any transit stop or taxi stand, or in a public transit vehicle;
e. While the person being solicited is standing in line waiting to be admitted to a commercial establishment;
f. By touching the person being solicited without that person's consent;
g. By blocking the path of a person being solicited or blocking the entrance or exit to any building or vehicle;
h. By or with the use of profane or abusive language, during the solicitation or following an unsuccessful solicitation;
i. By or with the use of any gesture or act intended to cause a reasonable person to be fearful of the solicitor or feel compelled to accede to the solicitation;
j. After dark, which shall mean one-half hour after sunset until one-half hour before sunrise, except in the manner permitted in high traffic zones;
k. While under the influence of alcohol or after having illegally used any controlled substance, as defined in the North Carolina Controlled Substance Act.
(2) Additional restrictions applicable to high traffic zones:
a. For purposes of this subsection (b)(2) only, the following definitions shall apply:
Beg, solicit or panhandle. The communication, by use of gestures or spoken words, by one person or group of persons directed at another person or group of persons, of a request for the immediate contribution of money, food or goods, to the person or group making the communication, or to others. This definition shall not include transactions between family members or mutual acquaintances.
High traffic zones.
1. Zone 1: Within the area defined by a line drawn along the centerline of the following streets: starting at the intersection of Hilliard Avenue and Market Street, west along Hilliard Avenue to the intersection of Hilliard Avenue and French Broad Avenue; then north along French Broad Avenue to the intersection of French Broad Avenue and Haywood Street; then east Haywood Street to the intersection of Haywood Street and Montford Avenue; then north along Montford Avenue to the intersection of Montford Avenue and Cherry Street; then east along Cherry Street to the intersection of Cherry Street and Broadway Street; then south on Broadway Street to the intersection of Broadway Street and Woodfin Street; then east on Woodfin Street to the intersection of Woodfin Street and College Street; then south on Valley Street to the intersection of Valley Street and Marjorie Street; then west along Marjorie Street to the intersection of Marjorie Street and Davidson Street; then south on Davidson Street to the intersection of Davidson Street and Eagle Street; then west along Eagle Street to the intersection of Eagle Street and Market Street; then south on Market Street to the point of beginning.
2. Zone 2: Within Biltmore Village Historic District.
b. Prohibited acts. In addition to the restrictions set forth in section (b)(1), above, it shall be unlawful for any person to beg, solicit, or panhandle, as defined herein, within any high traffic zone.
(c) Penalty. A violation of this ordinance is a misdemeanor as set forth in North Carolina General Statute Section 14-4.
(Code 1965, § 18-51; Ord. No. 2000, § 1, 12-15-92; Ord. No. 2977, § 1a, 11-12-02; Ord. No. 3023, § 1, 5-13-03)
State law references: Authority to prohibit or regulate begging, G.S. 160A-179.
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