Panhandling, Begging, Soliciting –City of Tucson laws
The City of Tucson has a law against aggressive solicitation.
This is the law from the City of Tucson Municipal Code:
Sec. 11-33. - Aggressive solicitation, legislative findings; definitions.
(a) The mayor and council find that the increase in aggressive solicitation throughout the city has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to, and enjoyment of, public places, but has also led to an increased sense of fear intimidation and disorder.
(b) Aggressive solicitation may include, without limitation: approaching or following pedestrians; approaching or following children repeating solicitations despite refusals; using abusive or profane language to cause fear and intimidation; causing unwanted physical contact; or intentionally blocking pedestrian and vehicular traffic. The mayor and council further find that the presence of individuals who solicit money from persons at or near banks, automated teller machines, or in public transportation vehicles is especially troublesome because of the enhanced fear of crime in those confined environments. Such solicitation carries with it an implicit threat to both persons and property, as well as public safety.
(c) The law is not intended to limit any person from exercising the constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity. Rather, its goal is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome and overwhelming presence in the city.
(d) Solicit means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use or the money or other thing of value. The solicitation may be, without limitation, by the spoken, written or printed word, or by other means of communication.
(e) Aggressive manner means and includes:
(1) Intentionally or recklessly making physical contact with or touching another person in the course of the solicitation without the person's consent;
(2) Approaching or following the person being solicited, if that conduct is intended to or is likely to: a) cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon the property in the person's possession; or (b) intimidate the person being solicited into responding affirmatively to the solicitation;
(3) Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is intended to or is likely to: a) cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (b) intimidate the person being solicited into responding affirmatively to the solicitation;
(4) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver or a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one's constitutional right to picket or legally protest, and acts authorized by a permit issued pursuant to chapter 7 of the Tucson City Code, shall not constitute obstruction of pedestrian or vehicular traffic;
(5) Intentionally or recklessly using obscene or abusive language or gestures intended to or likely to: a) cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or b) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation.
(f) Automated teller machine means a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and/or mortgage and loan payments.
(g) Automated teller machine facility means the area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular business hours.
(h) Check cashing business means any person duly licensed by the superintendent of banks to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of the banking laws.
(i) Public area means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.
(Ord. No. 8674, §§ 1, 2, 4-8-96; Ord. No. 8891, § 1, 9-15-97)
Editor's note—Ordinance No. 8674, § 1, deleted § 11-33 in its entirety. Formerly, such section pertained to loitering and derived from ch. 18, § 24 of the 1953 Code; Ord. No. 3094, § 1, 3-11-68; Ord. No. 3599, § 1, 1-25-71. Subsequently, section 2 of same ordinance added a new § 11-33 pertaining to legislative findings; definitions.
Sec. 11-33.1. - Prohibited acts.
Section 11-33.1(1) Aggressive solicitation prohibited. It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services:
(1) In an aggressive manner in a public area;
(2) In any public transportation vehicle, or bus, vantran or trolley station or stop;
(3) Within fifteen (15) feet of any entrance or exit of any bank or check cashing business or within fifteen (15) feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business, without the consent of the owner or other person legally in possession of such facilities. Provided, however, 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; or
(4) 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.
Section 11-33.1(2) Obstruction of doorways entrances on a public sidewalk prohibited. It shall be unlawful for any person, after having been notified by a law enforcement officer that he or she is in violation of the prohibition in this section, to remain within ten (10) feet of a doorway entrance on a public sidewalk or any other public right-of-way if that person's continued presence obstructs a doorway entrance.
Section 11-33.1(3) Exceptions to sidewalk ordinance. An exception to the prohibition against obstructing a public sidewalk within ten (10) feet of a doorway entrance shall be made in circumstances involving physical emergencies or the administration of medical assistance; sidewalk cafes, parades, rallies, demonstrations, performances or meetings for which street use permits have been issued; chairs or benches provided by a public agency or abutting private property owner; and seats in bus zones occupied by persons waiting for the bus.
Section 11-33.1(4) Solicitation of children. It shall be unlawful for any person to solicit money or other things of value from any person under the age of sixteen (16) years who is unaccompanied by an adult.
(Ord. No. 8674, § 2, 4-8-96; Ord. No. 8891, § 1, 9-15-97)
Sec. 11-33.2. - Penalties.
(a) A person convicted of a first offense for a violation of this ordinance may be ordered to perform community service or fined in an amount up to two hundred and fifty dollars ($250.00).
(b) A person convicted of a second or subsequent violation of this ordinance may be ordered to perform community service or fined up to five hundred dollars ($500.00); may be sentenced to jail for not more than ten (10) days; and shall be placed on probation for not less than one (1) year and no more than three (3) years.
(c) A person convicted of a violation of this ordinance may be required to perform community service work as described by the court in lieu of, or in addition to, the fine imposed under this Section. The rate of substitution of community service work for the fine amount shall be calculated at ten dollars ($10.00) per hour.
(Ord. No. 8674, § 2, 4-8-96)
City of Tucson Municipal Code
Last Update: 12-15-2010 11:30am