§ 28-46. Aggressive panhandling.

(a)

The following words, terms, and phrases when used in this section shall have the meanings ascribed to them in this subsection, unless the context of their usage clearly indicates another meaning:

Automated teller machine or ATM means a machine, other than a telephone, that is capable of being operated by a patron to communicate to a financial institution:

(1)

A request to withdraw money from an account directly or under a line of credit previously authorized;

(2)

An instruction to deposit money in an account with the financial institution;

(3)

An instruction to transfer money between one or more accounts maintained with the financial institution;

(4)

An instruction to apply money against an indebtedness to the financial institution; or

(5)

A request for information concerning the balance of the account with the financial institution.

Fuel dispensing device means a pump or other machine utilized for dispensing fuel to motor vehicles for a fee.

Pay telephone means any coin-operated or credit or debit card reader operated telephone located on any public or private property that is accessible for public use.

Parking meter means any coin-operated meter utilized to charge for parking a motor vehicle on public property.

Parking fee collection box means a device utilized to collect coins or currency as a charge for parking a motor vehicle on private property.

Public place means a street, sidewalk, or other place that is open to the public.

Request means any imperative instruction, whether verbal or non-verbal, by a solicitee to a solicitor to desist the solicitation including but not limited to words or gestures such as "stop," "back off," "stay back," "get away," "leave me alone," or "withdraw."

Solicitation means the act of panhandling by seeking through a communication with another person, whether by gesture or verbally, funds or goods for food, personal favors (such as trips, transportation, clothing, or other), drink, lodging, vehicle fare, or any other purpose to directly benefit an individual or his family members.

Solicitee means any individual to whom a solicitor, as defined herein, directs a solicitation.

Solicitor means any person who engages in the act of solicitation as defined above.

Transit facility means a facility that:

(1)

Is owned and operated by the Metropolitan Transit Authority of Harris County, Texas (METRO);

(2)

Constitutes a permanent and integral part of the transit system of METRO;

(3)

Is designed to serve as a point from which METRO patrons take ingress and egress from the METRO transit system; and

(4)

Includes one or more of the following structures: a sign or signs indicating a transit stop or pick-up point, a shelter for transit patrons or benches or chairs for transit patrons.

(b)

Immediately upon any request from a solicitee to a solicitor, a solicitor who is in a public place at the moment the request is made shall discontinue the solicitation until there is a space of at least eight feet between the solicitor and the solicitee or, in the alternative, discontinue all efforts to engage in the solicitation if within eight feet proximity to a requesting solicitee.

(c)

For the purposes of subsection (b) of this section, distance shall be measured from any extension of the solicitor's body, including without limitation any sign or other object being used or carried by the solicitor, to any part of the solicitee's body.

(d)

Regardless of whether any request is made by the solicitee to the solicitor, no solicitor shall engage in solicitation within a distance of eight feet from any ATM, pay telephone, parking meter, parking fee collection box, transit facility, fuel dispensing device, or outdoor dining establishment, including, but not limited to, a sidewalk cafe.

(e)

For the purposes of subsection (d) of this section, distance shall be measured from any extension of the solicitor's body, including without limitation any sign or other object being used or carried by the solicitor, to any part of the physical structure of the ATM, pay telephone, parking meter, parking fee collection box, transit facility, fuel dispensing device, or outdoor dining establishment, including but not limited to, a sidewalk cafe.

(f)

Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1-6 of this Code.

(Ord. No. 92-390, § 2, 4-8-92; Ord. No. 92-1449, § 48, 11-4-92; Ord. No. 02-504, § 3, 6-12-02; Ord. No. 2011-655, §§ 2—4, 8-3-2011)