Title
AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY AMENDING TITLE XX OFFENSES, MISCELLANEOUS, CHAPTER 2, DISORDERLY CONDUCT, SECTION 29 PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION.
body
WHEREAS, N.J.S.A. 40:48-2 authorizes a municipality to make, amend, repeal and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and
WHEREAS, the Mayor and the Municipal Council is desirous of amending Title XX Offences, Miscellaneous, Chapter 2 Disorderly Conduct, Section 29 Prohibition Against Certain Forms of Aggressive Solicitation to protect those who panhandle and the individuals who are subjected to this form of solicitation.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
NOTE: Deletions are indicated by strikethrough and additions are indicated in bold and underline
SECTION 1. Title XX Offences, Miscellaneous, Chapter 2 Disorderly Conduct, Section 29 Prohibition Against Certain Forms of Aggressive Solicitation of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as Amended and Supplemented is amended as follows:
20:2-29. PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION.
20:2-29. Declaration of Findings and Policy.
A. The City of Newark, acting by and through its Municipal Council, hereby makes the following findings:
1. The City of Newark has a duty to protect the rights of all people to exercise their First Amendment rights safely. The City of Newark has a compelling governmental interest in imposing certain reasonable time, place and manner regulations whenever potential First Amendment activities such as begging, solicitation and panhandling occur on streets, highways, sidewalks, walkways, plazas, and other public venues within the city.
2. This Section is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, and protest or engage in constitutionally protected activities. The provisions of this Section are expressly established to most narrowly tailor any such restrictions to protect the First Amendment rights of all people within the city as well as the rights of non-participating people and their property, and to ensure the rights and safety of all people and/or property to the fullest extent possible.
3. Persons approached by individuals asking for money, objects or other things of any value are particularly vulnerable to real, apparent or perceived coercion when such request is accompanied by or immediately followed or preceded with aggressive behavior such as:
a. Continuing to beg or solicit from a person after the person has given a negative response or has ignored such solicitation;
b. Touching another person or their property in the course of begging or soliciting without that person's consent;
c. Blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means;
d. Using violent or threatening gestures that are likely to provoke an immediate violent reaction from the person who is the subject of the solicitation or request for money;
e. Closely following behind, ahead or alongside a person who has been solicited or asked for money after that person has given a negative response to such solicitation;
f. Using profane, threatening, or abusive language, either during the solicitation or begging or following a refusal;
g. Begging or soliciting money from anyone who is waiting in line for tickets, entering a public building or riding on public transportation;
h. Begging or soliciting in a manner with conduct, words or gestures intended or likely to cause a reasonable person to fear imminent bodily harm, danger or damage to or loss of property or otherwise to be intimidated into giving money or any other thing of value; or
i. Begging or soliciting in a group of two or more persons in an intimidating fashion.
4. The City desires to respect an individual's potential right to solicit, beg or panhandle while simultaneously protecting other's right to not be coerced.
5. The City further finds that aggressive soliciting, begging or panhandling of persons within twenty-five (25) feet of any outdoor seating area of any cafe, restaurant or other business, bank, automated teller machine, automated teller machine facility, check cashing business, mass transportation facility, mass transportation stop, or pay telephone also subjects people being solicited to improper and undue influence and/or fear and should not be allowed.
6. Persons approaching other individuals in an aggressive manner asking for money, objects or other things of any value after dark in public places inspire alarm and fear, which coupled with the inherent difficulty of establishing identity, should not be allowed.
B. Purpose and Intent. The public purpose of this section is to protect the rights of all people to exercise their First Amendment rights as well as the people and/or property of those who chose not to participate.
C. Definitions. As used in this section, the following words and terms shall have the meanings indicated. The meaning of all other terms and words not specifically defined shall be their generally accepted definition:
a. Definitions. As used in this section:
Aggressive manner shall mean:
1. 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 (i) fear bodily harm to oneself or to another, damage to or loss of property, or the commission of any offense as defined in the Code of Criminal Justice 2C:33-2 and 4 upon oneself or another, or (ii) otherwise be intimidated into giving money or other thing of value., or (iii) suffer unreasonable inconvenience, annoyance or alarm;
2. Continuing to solicit from a person after the person has given a negative response to or ignored such soliciting. Intentionally touching or causing physical contact with another person, or an occupied vehicle without that person's consent in the course of soliciting, asking or begging;
3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including but not limited to unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; or
4. Using violent or threatening language and/or gestures toward a person solicited.
5. Intentionally touching or causing physical contact with another person or his or her property without that person’s consent in the course of soliciting.
6. Using violent or threatening language, language and/or gestures toward a person solicited.
7. Following the person being solicited, with the intent of asking that person for money or other things of value.
8. Soliciting money from anyone who is stationary, such as waiting in line for tickets, for entry to a building or for any other purpose.
9. Soliciting in a manner with conduct, words or gestures intended or likely to cause a reasonable person to fear immediate bodily harm, danger or damage to or loss of property or otherwise be intimidated into giving money or any other thing of value.
10. Begging in a group of two or more persons in an intimidating fashion.
11. Soliciting any person within twenty-five (25) feet of the entrance to, or parking area of, any bank, automated teller machine, automated teller machine facility, check cashing business, mass transportation facility, mass transportation stop, public restroom, pay telephone or theatre or place of public assembly, or of any outdoor seating area of any cafe, restaurant or other business.
12. Soliciting any person in public after dark, which shall mean the time from one-half hour before sunset to one-half hour after sunrise.
Automated Teller Machine shall mean 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.
Automated Teller Machine facility shall mean the area comprised of one (1) or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
Bank shall mean any banking corporation as defined in State Statutes.
Check Cashing business shall mean any person duly licensed by the Superintendent of Banks to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of Article 9-A of the banking law.
Public place shall mean a place to which the public or a substantial group of persons has access and includes, but is not limited to, any street, sidewalk, 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.
Solicit, ask or beg shall include using the spoken, written or printed word, or bodily gestures, signs or other means with the purpose of obtaining money or other thing of value or soliciting the sale of goods or services.
Db. Prohibited Acts.
1. It shall be unlawful for any person to beg, panhandle or solicit any other person in an aggressive manner. Any police officer observing any person violating this provision may request or order such person to cease and desist such behavior and may issue a summons to such person if the person fails to comply with such request or order. No person shall solicit, ask or beg in an aggressive manner in any public place.
2. No person shall solicit, ask or beg within ten (10) feet of any entrance or exit of any bank or check cashing business during its business hours or within ten (10) feet of any automated teller machine during the time available for customers' use. Provided, however, that when an automated teller machine is located within or around an automated teller 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 he or she does not have the permission to do so from the owner or person using such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.
3. No person shall approach an operator or other occupant of a motor vehicle while such vehicle is located on any street or other public area 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 paragraph 1. of subdivision a. of this section. Provided, however, that this paragraph 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.
Ec. Penalties. Any person who violates any provisions of this Section shall, upon conviction thereof, be punished by a fine not less than twenty-five ($25.00) dollars and not exceeding five hundred ($500.00) dollars or a period of community service not exceeding ninety (90) days, or both.
SECTION 2: If any provision of this Ordinance or application thereof to any person(s) or circumstance is adjudged invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of the Ordinance that can be given effect without the invalidated provision or application, and to this end, the provisions of this Ordinance are declared severable.
SECTION 3: This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance Amends and Supplements Title XX Offences, Miscellaneous, Chapter 2 Disorderly Conduct, Section 29 Prohibition Against Certain Forms of Aggressive Solicitation, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as Amended and Supplemented.