ORDINANCE NO.

2013-GTOWN 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encounters in public places; BE IT THEREFORE ORDAINED by the Town Council as follows: Ordinance No. 2009-G-09 is repealed.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) Panhandling 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.

(2) Aggressive panhandling means: (a) To approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with: i. Imminent bodily injury; or ii. The commission of a criminal act upon the person or another person, or upon property in the person's immediate possession; (b) To persist in panhandling after the person solicited has given a negative response; (c) To block, either individually or as part of a group of persons, the passage of a solicited person; (d) To touch a solicited person; or (e) To engage in conduct that would reasonably be construed as intended to intimidate, compel or force a solicited person to accede to demands. (B) It shall be unlawful for any person to engage in an act of panhandling when either the panhandler or the person being solicited is located in, on, or at any of the following locations: (1) Bus stop; (2) Public transportation vehicle; (3) Sidewalk cafe; (4) Area within 15 feet (in any direction) of an automatic teller machine or entrance to a bank; or (5) Private property, unless the panhandler has prior written permission from the owner of such property. (6) Except as otherwise provided herein, on any street, highway or roadway, or upon the shoulder of any street, highway or roadway, or upon any median of any street, highway or roadway, or upon any neutral ground of any street, highway or roadway within the town, for the purposes of soliciting charitable or other contributions of any kind from the driver or occupant of a motor vehicle. (C) It shall be unlawful to engage in an act of panhandling on any day after sunset or before sunrise.

(D) It shall be unlawful for any person to engage in an act of aggressive panhandling. (E) Members of the Clarksville Fire Department, for the limited purpose of collecting monies for the Crusade for Children, and the Clarksville Police Department, for the limited purpose of collecting monies for the Shop with a Cop program, shall be allowed to be upon, or go upon, any street, highway or roadway; or upon the shoulder of any street, highway or roadway; or upon any median of any street, highway or roadway; or upon any neutral ground of any street, highway or roadway within the town, for the purposes of soliciting charitable or other contributions of any kind from the driver or occupant of a motor vehicle subject to the following restrictions: (1) Only civilian and uniformed members of the Fire or Police Departments over the age of twenty-one (21) years can engage in such solicitations and collections. (2) Such collections shall only be allowed to take place beginning on the weekend before and during the week prior to the Crusade for Children and the Shop with a Cop events. (3) All such collection sites shall be clearly marked by orange cones placed in the roadway in such a manner to alert drivers and occupants of the collection site. (4) Any members collecting or soliciting contributions shall be in uniform identifying themselves as members of the Clarksville Fire Department or Police Department, respectively, and shall additionally wear reflective vests or other items to alert traffic to their presence. This Ordinance shall become effective within seven (7) days after publication. SO ORDAINED THIS ______ DAY OF _____________, 2013. AYES: ______ NAYS: ______ _________________________________________ BOB POLSTON, President ATTEST: CLARKSVILLE TOWN COUNCIL BY:

_____________________________ BOB LEUTHART, Clerk-Treasurer