ORDINANCE NO. 2013-G- TOWN COUNCIL FOR THE CIVIL TOWN OF CLARKSVILLE AN ORDINANCE REGARDING PANHANDLING
WHEREAS, the Clarksville Town Council wishes to protect members of the public from being solicited for donations in manners that may be threatening, intimidating, fraudulent, dangerous or harmful, whether on public or private property; keep public places safe and attractive for use by all members of the community; provide for the free flow of vehicular and pedestrian traffic; and promote tourism and business; and WHEREAS, the Town Council believes that regulating solicitations furthers the health and safety of citizens by recognizing the inherently threatening nature of certain encounters based on either the manner or location of those interactions, the inherently unsafe and negative impact on traffic based on the manner or location of certain encounters, and the inherently coercive nature of certain encounters in public places; BE IT THEREFORE ORDAINED by the Town Council as follows: Ordinance No. 2009-G-09 is repealed. BE IT FURTHER ORDAINED by the Town Council is hereby adopted: (A) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1)
means any solicitation made in person requesting an immediate donation of money or other thing of value for oneself or another person or entity. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is, in substance, a donation, is a donation for the purpose of this section. The term "panhandling" shall not include the act of passively standing or sitting, performing music, or singing with a sign or other indication that a donation is being sought but without any vocal request other than a response to an inquiry by another person.