§ 14.70.160. Prohibited panhandling.

A.

As used in this section, panhandling means any solicitation made in person upon any street, public place or park in the city, in which a person requests an immediate donation of money or other gratuity from another person, and includes but is not limited to seeking donations:

1.

By vocal appeal or for music, singing, or other street performance; and

2.

Where the person being solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.

However, panhandling shall not include the act of passively standing or sitting nor performing music, singing or other street performance with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person.

B.

It is unlawful to engage in an act of panhandling:

1.

After sunset and before sunrise.

2.

When either the panhandler or the person being solicited is located at any of the following locations:

a.

At a bus stop;

b.

In any public transportation vehicle or public transportation facility;

c.

In a vehicle which is parked or stopped on a public street or alley;

d.

In a sidewalk café; or

e.

Within 20 feet in any direction from an automatic teller machine or entrance to a bank.

3.

In the Downtown Improvement District, defined as the area bounded by 1 ^st Avenue on the North, Gambell Street on the East, 9 ^th Avenue on the South, and L Street on the West.

C.

Penalty. A violation of subsection B. shall be punishable by a civil penalty in accordance with chapter 14.60.

1.

A defendant may offset fines imposed for a violation of subsection B. by voluntary participation in an approved community service program, alcohol, drug or other appropriate rehabilitation program, or job training program, if any such programs are available.

2.

For each hour of community service completed, the administrative hearing officer shall offset the fine by an amount equal to the current minimum wage required by the Alaska Wage and Hour Act, AS 23.10.

3.

Upon presenting proof of completion of an alcohol, drug, or other appropriate rehabilitation program to the court or administrative hearing officer, any fees paid toward rehabilitation treatment shall offset any fines imposed.

(AO No. 2004-109, § 1, 8-17-04; AO No. 2011-112, § 3, 11-22-11, eff. 12-22-11; AO No. 2014-42, § 32, 6-21-14)