The purpose of this section and legislation is to regulate and punish violations of the act of panhandling, rather than the status of the person, and to authorize solicitations of money by exempt organizations. Nothing in this section shall abrogate the laws of state and federal government, or those laws regulating non-profit, religious, educational, civic or benevolent organizations.

(Ord. 1051; Code 2021)

For the purposes of this section, certain terms shall have the meanings ascribed to them in this paragraph, unless the context clearly indicates otherwise:

Beg means to ask for money or goods as a charity, whether by words, bodily gesture, signs, or other means.

Donation means any item of value, monetary or otherwise, accepted by a panhandler.

Exempt organizations mean any non-profit, religious, civic or benevolent organization described in Section 501(c)(3) of the Internal Revenue Code of 1986.

Panhandler is any person, other than an exempt organization, acting on his/her own behalf, requesting an immediate donation of money or exchange of any services.

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 any services.

Pedestrian interference means the obstruction of pedestrian or vehicular traffic by aggressively begging which impedes the passageway of a pedestrian or vehicular traffic.

Permit means the permit required under Section 5-104.

(Ord. 1051; Code 2021)

Other than exempt organizations as defined above, it shall be a violation of the City Code for any person to conduct the activity of panhandling in any geographical location in the city limits.

(Ord. 1051; Code 2021)

Any exempt organization desiring to solicit donations in the city limits shall be required to send a representative of that organization to a regular City Council meeting no fewer than 30 days prior to the planned solicitation to request such permit.

The City Council shall, after hearing the exempt organization’s request, decide by a vote of a majority of the Council to approve or disapprove the issuance of a permit. Upon approval, the City Clerk shall issue the requested permit, which shall include specified dates of solicitation.

When soliciting under the permit, any representative of the exempt organization must be able to present at the request of any City of Yates Center law enforcement officer or the city clerk or his/her designee, a copy of the permit and a valid Kansas driver’s license or official Kansas identification card.

(Ord. 1051; Code 2021)

No one shall be permitted to solicit money:

(a)   Between the time of sunset and sunrise;

(b)   On private property;

(c)   By intimidating, obstructing pedestrian or vehicular traffic;

(d)   False or misleading solicitation;

(e)   By stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet the need and does not disclose that fact;

(f)   By stating that the donation is needed to meet a need which does not exist;

(g)   By obstructing pedestrian or vehicular traffic;

(h)   Without a permit; or

(i)    At any time or place not specified in a permit issued by the City Clerk.

(Ord. 627, Sec. 1; Ord. 1051; Code 2021)

Any person violating any of the provisions of this article shall, upon conviction thereof be punished by a fine not to exceed $1000.00, or by imprisonment not to exceed 30 days or by both such fine and imprisonment.

(Ord. 627, Sec. 13; Ord. 1051; Ord. 1062; Code 2021)