Aggressive or obstructive panhandling prohibited

(a)

Definitions. As used in this section, the following words and terms shall have the following meanings:

Aggressively beg means to beg with the intent to intimidate another person into giving money or goods.

Beg means to ask or solicit for money or goods as a charity, whether by word, bodily gestures, signs, or other means.

Intimidate means to engage in conduct which would make a reasonable person fearful or feel compelled to react. Among the circumstances which may be considered in determining whether the conduct is intended to intimidate another person into giving money or goods are:

(1)

Touching the person solicited;

(2)

Following the person solicited, or persisting in begging after the person solicited has declined the request;

(3)

Using profane or abusive language toward the person solicited; or

(4)

Using violent or threatening gestures toward the person solicited.

Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take unreasonable evasive action to avoid physical contact.

Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

Unreasonable evasive action means causing a vehicle to depart from the lane of traffic in which it is traveling to change lanes, to straddle lanes, or to enter onto a swale to obtain passage; it also means causing a pedestrian to leave the sidewalk or to make contact with a wall or fence bordering the sidewalk.

(b)

Prohibited acts. It shall be unlawful for a person to intentionally:

(1)

Aggressively beg; or

(2)

Obstruct pedestrian or vehicular traffic while begging.

(c)

Permitted activities. Acts authorized as an exercise of one's constitutional rights include picketing, legal protest, and acts authorized by a permit duly issued by a lawful authority which do not constitute obstruction of pedestrian or vehicular traffic.

(d)

Penalties. The first violation of this provision shall be punishable by a fine of not more than $100.00 and 30 days imprisonment; second and subsequent violations shall be punishable by a fine of not more than $200.00 and 60 days imprisonment.

(e)

Alternative programs. Nothing herein shall limit the discretion of the police, court personnel, and judges from referring individuals suspected, charged, or convicted of a violation of this provision to treatment programs or facilities as an alternative to prosecution or imprisonment, provided that the individual freely consents. For homeless individuals, such alternative programs shall include, but not be limited to, the Miami-Dade County Homeless Assistance Project.

(Ord. No. 12006, § 2, 12-14-00)