Sec. 106-85. Begging and soliciting alms by accosting or forcing
oneself upon the company of another.
(a) Definitions. The following words, terms
and phrases, when used in this section, shall have the meanings ascribed
to them in this subsection, except where the context clearly indicates a
different meaning:
Accosting means approaching or speaking to someone in such a manner
as would cause a reasonable person to fear imminent bodily harm or the commission
of a criminal act upon his/her person, or upon property in his/her immediate
possession.
Ask, beg or solicit means and includes, without limitation, the spoken,
written or printed word or such other acts as are conducted in furtherance
of the purpose of obtaining alms
Forcing oneself upon the company of another means continuing to request,
beg or solicit alms from a person after that person has made a negative response,
blocking the passage of the individual addressed or otherwise engaging in
conduct which could reasonably be construed as intended to compel or force
a person to accede to demands.
(b) Exceptions. Except when performed in the
manner and locations set forth in subsections (c)(1), (c)(2), (c)(3), (c)(4),
(c)(5), (c)(6), (c)(7), (c)(8), (c)(9), (d)(1) and (d) (2) of this section,
it shall not be unlawful to ask, beg or solicit money or other things of
value.
(c) Location. It shall be unlawful for any
person to solicit money or other things of value:
(1) On private property if the owner, tenant,
or lawful occupant has asked the person not to solicit on the property, or
has posted a sign clearly indicating that solicitations are not welcome on
the property;
(2) Within 15 feet of the entrance to or exit
from any public toilet facility;
(3) Within 15 feet of an automatic teller machine,
provided that when an automated teller machine is located within an automated
teller machine facility, such distance shall be measured from the entrance
or exit of the automated teller machine facility;
(4) Within 15 feet of any pay telephone, provided
that when a pay telephone is located within a telephone booth or other facility,
such distance shall be measured from the entrance or exit of the telephone
booth or facility;
(5) In any public transportation vehicle, or
in any bus or subway station, or within 15 feet of any bus stop or taxi stand;
(6) From any operator of a motor vehicle that
is in traffic on a public street; provided, however, that this paragraph
shall not apply to services rendered in connection with emergency repairs
requested by the owner or passengers of such vehicle;
(7) Within 15 feet of any valid vendor location,
as defined in the Atlanta City Code, chapter 30, article XXIII, division
1, section 30-1401 and article XXIV, division 1, section 30-1461;
(8) From any person(s) who are waiting in line
for entry to any building, public or private, including, but not limited
to, any residence, business, or athletic facility; or
(9) Within 15 feet of the entrance or exit
from a building, public or private, including, but not limited to, any residence,
business, or athletic facility.
(d) Manner. It shall be unlawful for any person
to solicit money or other things of value:
(1) By accosting another; or
(2) By forcing oneself upon the company of another.
(e) Who may press charges. Persons who may
press charges under this Code section include not only the victim of the
prohibited solicitation, but also any person who witnesses such conduct,
including, but not limited to, police officers, Atlanta Ambassadors, security
officers, hotel personnel, and bystanders. Evidence to support conviction
for violation of this Code section may include, but is not limited to, the
testimony of such witness or witnesses, videotape evidence of the violation,
and/or other admissible evidence.
(Code 1977, § 17-3006; Ord. No. 1996-77, §§ 1--5, 11-12-96)
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