Sec. 6-56-2. - Definitions.
For the purposes of this chapter, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise:
Assault means assaultive offenses as set out in T.C.A. §§ 39-13-101, 39-13-102 and 39-13-103, and classed as criminal offenses. For purposes of this chapter, the term "assault" does not apply to manner of panhandling as set out in section 6-56-6 and classified as a misdemeanor.
Abusive solicitation means to do one or more of the following while engaging in solicitation or immediately thereafter:
1. Coming closer than three feet to the person solicited unless and until the person solicited indicates that he or she wishes to make a donation;
2. Blocking or impeding the passage of the person solicited;
3. Following the person solicited by proceeding behind, ahead or alongside of him or her so as to continue soliciting after the person solicited declines to make a donation;
4. Threatening the person or accompanying person solicited with physical harm by word or gesture and the person would regard the threat as offensive or provocative;
5. Abusing the person solicited with words which are offensive and inherently likely to provoke an immediate violent reaction;
6. Touching the solicited person without the solicited person's consent and a reasonable person would regard the contact as offensive or provocative;
7. Engaging in solicitation activity in any of the prohibited places specified in restricted geographical areas.
Accost means to approach and speak in a challenging and aggressive manner.
Aggressively beg means to beg with the intent to intimidate another person into giving money or goods with actual or implied threats, or menacing actions.
ATM or automated teller machine means a device, linked to a financial institution's account records, which is able to carry out cash transactions.
Bank means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
Beg means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means.
Check cashing business means any person duly licensed to engage in the business of cashing checks, drafts or money orders for consideration.
Coerce means:
1. To approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with:
(a) Imminent bodily injury; or
(b) The commission of a criminal act upon the person or another person, or upon property in the person's immediate possession;
2. To persist in a solicitation after the person solicited has given a negative response;
3. To block, either individually or as part of a group of persons, the passage of a solicited person;
4. To engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands.
Credit union means any federal credit union and any state-chartered credit union the accounts of which are insured by the administrator of the National Credit Union Administration.
Donation means any item of value, monetary or otherwise, accepted by a panhandler and shall also include the purchase of an item for an amount far exceeding its value under circumstances where a reasonable person would understand that the purchase is in substance a gift.
Exempt organizations means any nonprofit, religious, civic or benevolent organization described in section 501(c) of the Internal Revenue Code of 1986.
Exempt zones means those portions of public property within, or on the boundary of, the downtown panhandling prohibited zone specifically excluded by the exempt zone committee from the prohibitions of this chapter. Solicitation and off-premises canvassing, as defined above, and otherwise meeting the requirements of this Code, may take place in exempt zones. The size, number and location of exempt zones shall be determined by the exempt zone committee. Maps showing the location of the CBID Panhandling Exclusion Zone and exempt zones shall be made available at the Center City Commission and the Memphis Police Department South Main Precinct. Exempt zones that are part of public property leased, permitted or otherwise contracted to third parties by the Center City Commission shall lose their exempt status during the term of the contract.
Exempt zone committee means a committee comprised of the president of the Center City Commission and/or his/her designee and the ranking Memphis Police Department commander and/or his/her designee of the South Main Precinct. Said committee shall determine the number and location of appropriate locations for exempt zones and shall meet on a semiannual basis to perform a review of existing exempt zones.
Financial institution means any banking corporation, credit union, or foreign exchange office.
Health care institution means any agency, institution, facility or place, whether publicly or privately owned or operated, that provides health services and that is one of the following: nursing home; recuperation center; hospital; ambulatory surgical treatment center; birthing center; mental health hospital; mental retardation institutional habilitation facility; home care organization or any category of service provided by a home care organization for which authorization is required under this chapter; outpatient diagnostic center; rehabilitation facility; residential hospice; or nonresidential methadone treatment facility as defined in the Tennessee Code.
Health service means clinically related services such as diagnostic, treatment or rehabilitative services.
Intimidate means to engage intentionally in conduct which would make a reasonable person fearful or feel compelled. Also, for purposes of this chapter, a person commits the offense of intimidating others from exercising civil rights who:
1. Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state; or
2. Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the Constitution or laws of the United States or the constitution or laws of the state.
Panhandler means any person, other than an exempt organization, acting on his/her own behalf or on behalf of another, requesting an immediate donation of money or exchange of any services; or any person, acting on his/her own behalf, attempting to sell an item for an amount far exceeding its value, or where said item is already offered free of charge to the general public, and a reasonable person would understand that the purchase is in substance a donation.
Panhandling is the solicitation of any item of value, monetary or otherwise, made by a person, other than an exempt organization, acting on his/her own behalf, requesting an immediate donation of money or exchange of series; or any person, acting on his/her own behalf, attempting to sell an item for an amount far exceeding its value, or an item which is already offered free of charge to the general public, and under circumstances a reasonable person would understand that the purchase is in substance a donation.
Pedestrian interference means the obstruction of pedestrian or vehicular traffic by aggressively begging which impedes the passageway or a pedestrian or vehicular traffic.
Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
Public transportation vehicle means any vehicle, including a trailer bus, designed, used or maintained for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire.
Restricted geographical areas refers to a defined geographical area in which persons shall be restricted from panhandling.
Savings and loan association includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation (T.C.A. § 1-3-105).
Self-service car wash means a structure:
1. At which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money in a coin-operated machine; and
2. That is accessible and available for use by members of the general public.
Self-service fuel pump means a fuel pump:
1. From which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator, without the aid of an employee or attendant of the premises at which the fuel pump is located; and
2. That is accessible and available for use by members of the general public.
Sidewalk means all portions of any public street where the same has no curb line and as to any public street having a curb line includes all portions situated between each curb line and the nearest property line regardless of whether the sidewalk is improved or unimproved.
Solicit and Solicitation.
1. The terms "solicit" and "solicitation" mean to make any request in person while in a public place, for an immediate grant of money, goods or any other form of gratuity from another person when the person making the request is not known to the persons who are the subject of the request, or to engage in such activity on private property.
2. However, the terms "solicit" and "solicitation" shall not mean the act of passively standing or sitting with a sign or other indicator that a donation of money, goods, or any other form of gratuity is being sought without any vocal request other than a response to an inquiry by another person.
(Code 1985, § 20-28(b); Ord. No. 4211, § 1, 12-14-1993; Ord. No. 4352, § 4, 8-15-1995; Ord. No. 5348, § 1(b), 4-13-2010)
