Okaloosa County BOCC — May 6, 2014 — Orlando Panhandling Ordinance — reading text

CITY OF ORLANDO PANHANDLING ORDINANCE Sec. 43.86. Panhandling. (1) Definition. "Panhandling" is any solicitation made in person, requesting an immediate donation of money or other thing of value. 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. Except as specifically provided in this section, panhandling does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person. (2) Place of Panhandling—Violation. It shall be unlawful for any person to panhandle, and no registration issued under this section shall be deemed to allow panhandling, including passively standing or sitting with a sign or other indication that one is seeking donations, when the person solicited is in any of the following places within the City limits of Orlando, Florida: (a) At any bus or train stop; (b) In any public transportation vehicle or facility, excluding airports; (c) In any vehicle on the street; (d) In a public park, fairground, or sporting facility, including entry ways or exits thereto; 1  (e) Within 15 feet of the site of any automated teller machine (ATM); (f) On private property, unless the panhandler has permission from the owner or occupant; (g) In a parking lot or garage owned or operated by the City of Orlando, including entryways or exits and pay stations connected therewith; or (h) On public property in the Downtown Core District as defined in Section 43.87 of the City Code of Orlando, unless the solicitor is within an exempt zone, or otherwise authorized by Section 43.87. (3) Manner of Panhandling—Violation. It shall be unlawful for any person to panhandle in any of the following manners: (a) By blocking the path of the person solicited; (b) By using profane or abusive language, either during the solicitation or following a refusal; (c) By panhandling in a group of two or more persons; or (d) By any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat. (4) False or Misleading Solicitation—Violation. (a) It shall be unlawful for any person to knowingly make any false or misleading representation in the course of soliciting a donation. False or misleading representations include, but are not limited to, the following: 2  (i) Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact; (ii) Stating that the donation is needed to meet a need which does not exist; (iii) Stating that the solicitor is from out of town and stranded, when such is not true; (iv) Wearing a military uniform or other indication of military service, when the solicitor is neither a present nor former member of the service indicated; (v) Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated; (vi) Use of any makeup or device to simulate any deformity; or (vii) Stating that the solicitor is homeless, when he or she is not. (b) It shall be unlawful for any person to solicit a donation stating that the funds are needed for a specific purpose and then spend the funds received for a different purpose. (5) Time of Panhandling. (a) It is unlawful for any person to panhandle, as defined in this Chapter, in the City limits of Orlando, on any day after sunset or before sunrise. 3