City of Rushville Ordinance #17-778

An Ordinance relating to prohibiting aggressive panhandling within the jurisdiction of the City; Definitions; penalties and effective date.

Be it ordained by the Mayor and City Council of the City of Rushville, Nebraska:

Section 6-311, of the Municipal Code of Rushville, Nebraska, is hereafter enacted to read as follows:

AGGRESSIVE PANHANDLING. It shall be unlawful to engage in an act of panhandling for the solicitation of money or other things of value from another in an aggressive manner. 

(A) For purpose of this section, the solicitation of money or other things of value shall include, but shall not be limited to verbal or nonverbal words or acts, or such other action or bodily gesture, conducted for the purpose of obtaining, directly or indirectly, a donation from another person.

(B) A person’s manner is aggressive if a person engages in any of the following:

(1) Panhandling a person at an automated teller machine or other cash dispensing location from a location within 15 feet of that person;

(2) Repeated panhandling requests after a person has refused, ignored, or declined an immediate prior solicitation;

(3) Repeated panhandling requests when the person solicited is stationary, in a line, or stopped in traffic;

(4) Touching the solicited person without consent immediately prior to, during, or after the panhandling request;

(5) Panhandling on private property without permission from the owner;

(6) Panhandling while blocking the path of the person solicited or blocking the entrance to any building or vehicle; or

(7) Following behind, alongside, or ahead of the person solicited after the panhandling request or after a solicitation has been refused, ignored, or declined.

(C) A violation of this section shall be punishable as provided in Section 6-401 of this chapter.

Statutory reference: Neb. Rev.Stat.17-129, 17-556

Any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this Ordinance and in conflict with its provisions are repealed.

This Ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.

Passed and approved and ordered published this 15th day of May, 2017.

City of Rushville,

/s/ Chris Heiser

Mayor

Attest: /s/ Connie Roffers

City Clerk

Published: May 24, 2017