Oklahoma City Municipal Code § 30-428 Legislative findings.
§ 30-428. - Legislative findings.
The Council of The City of Oklahoma City hereby makes the following findings:
(a) The City of Oklahoma City has a duty to protect the rights of all people to exercise their First Amendment rights safely. The City of Oklahoma City has a compelling governmental interest in imposing certain reasonable time, place and manner regulations whenever potential First Amendment activities such as begging, solicitation and panhandling occur on streets, highways, sidewalks, walkways, plazas, and other public venues within the City.
(b) This division is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, protest or engage in constitutionally protected activities. The provisions of this division are expressly established to most narrowly tailor any such restrictions to protect the First Amendment rights of all people within the City as well as the rights of non-participating people and their property, and to ensure the rights and safety of all people and/or property to the extent possible.
(c) Persons approached by individuals asking for money, objects or other things of any value are particularly vulnerable to real, apparent or perceived coercion when such request is accompanied by or immediately followed or proceeded with aggressive behavior such as:
(1) continuing to beg or solicit from a person after the person has given a negative response to such solicitation;
(2) touching another person in the course of begging or soliciting without that person's consent;
(3) blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means;
(4) using violent or threatening gestures which are likely to provoke an immediate violent reaction from the person who is the subject of the solicitation or request for money;
(5) closely following behind, ahead or alongside a person who has been solicited or asked for money after that person has given a negative response to such solicitation;
(6) using profane, threatening, or abusive language, either during the solicitation or begging or following a refusal;
(7) begging or soliciting money from anyone who is waiting in line for tickets, entering a public building or riding on public transportation;
(8) begging or soliciting in a manner with conduct, words or gestures intended or likely to cause a reasonable person to fear imminent bodily harm, danger or damage to or loss of property or otherwise to be intimidated into giving money or any other thing of value; or
(9) begging or soliciting in a group of two or more persons in an intimidating fashion.
(d) The City desires to respect a person's potential right to solicit, beg or panhandle while simultaneously protecting another's right to not be unduly coerced.
(e) The City further finds that soliciting, begging or panhandling of persons within 20 feet of any outdoor seating area of any cafe, restaurant or other business, automated teller machine, public toilet or pay telephone also subjects people being solicited to improper and undue influence and/or fear and should not be allowed.
(f) The City further finds that soliciting, begging or panhandling of persons within 50 feet of any mass transportation stop, including but not limited to any school bus stop, also subjects people being solicited to improper and undue influence and/or fear and should not be allowed.
(g) The City further finds that soliciting, begging or panhandling within 50 feet from any land owned by a public or private school and used in whole or in part for providing education services to elementary age children should not be allowed.
(h) The City further finds that persons approaching other individuals in an aggressive manner asking for money, objects or other things of any value after dark in public places, which coupled with the inherent difficulty of establishing identity, inspire alarm and fear and should not be allowed.
(i) The City further finds that soliciting, begging or panhandling of minors less than 16 years of age subjects them to improper and undue influence and/or fear and should not be allowed.
(Ord. No. 22655, § 3, 2-8-05; Ord. No. 25359, § 1, 4-5-16)