Middle Township Targets ‘Aggressive Begging’

COURT HOUSE– Aggressive begging, a big issue in Rio Grande, where many are intimidated and reluctant to patronize shops, especially during evening hours, came before the Middle Township Committee meeting on Aug. 5 in the form of a proposed ordinance.
Ordinance 1456-13, begins by defining aggressive begging as, “Speaking to or following a person in a manner that would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person or upon property upon the person’s immediate possession or would intimidate another person into giving money or goods.”
Begging by their definition also includes asking, begging or solicitation of alms for money or goods as a charity as well as any attempt to block or interfere with traffic flow of a person or vehicle in any public place.
The proposed ordinance further notes people may seek a temporary permit to ask, beg or solicit alms by applying in writing with Middle Township. Permits will be issued on a case-by-case basis and will be subject to review by Middle Township Police Department.
“The police department will only issue permits to law-abiding citizens for a legitimate purpose or part of legitimate organization, that we would check out prior to issuing the permit. We have no intent to issue permits to individuals that want to use that activity as generating income for themselves,” said Chief Christopher Leusner.
When obtained, township officials will explain guidelines, some of which include no physical obstruction, no begging in an aggressive manner, not within 100 feet of an automated teller machine (many convenience stores have them), no solicitation of vehicle drivers, none between hours of 8 p.m. and 8 a.m. and none within 25 feet of an entrance or exit of a business establishment.
Exemptions may be allowable for not-for-profit organizations that apply in writing to the township police department.
Penalties and fines start at $250 plus 30 days in jail and five days of court-approved community service.
The proposed ordinance passed first reading. A second reading, public hearing and consideration for adoption will be held Sept. 4 at 6 p.m.
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Read the full proposed ordinance as introduced:
ORDINANCE NO. 1456-13 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY TO ESTABLISH AN AGGRESSIVE BEGGING ORDINANCE – On motion by seconded by and passed on roll call, Ordinance No. 1456-13 passed first reading. Second reading, public hearing and consideration for adoption will be held on 09/04/2013 at 6:00 p.m.
BE IT ORDAINED by the TOWNSHIP COMMITTEE, the governing body of the Township of Middle, that the following is hereby adopted as an Ordinance of the Township of Middle:
SECTION 1.
Aggressive Begging Ordinance:
(A) Definition:
1. AGGRESSIVELY BEG
Speaking to or following a person in a manner that would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person or upon property upon the person’s immediate possession or would intimidate another person into giving money or goods.
2. ASK, BEG OR SOLICIT ALMS
To ask for money or goods as a charity, whether by words bodily gestures, signs or other means.
3. PEDESTRIAN OR VEHICULAR INTERFERENCE
To walk, stand, sit, lie or place an object in such a manner as to block passage by another person or vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized pursuant to the City’s picketing and parade ordinances and regulations are exempt from this article.
4. PUBLIC PLACE
An area generally visible to public view and includes the Boardwalk, alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets opened to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings, shops or dwellings and or grounds enclosing them.
(B) Permits.
Pursuant to N.J.S.A. 40:48-1, it shall be unlawful for any person to ask, beg or solicit alms upon the streets or elsewhere in the Township without first obtaining a permit from the Township. Persons may apply in writing for permission to ask, beg or solicit alms, which such permission shall be issued on a case by case basis upon review of the Municipal Police Department. The permits shall be valid for a period not to exceed one year and are available at no charge or fee to the applicant. A photo identification is required with the application. A warrant check will be conducted before a permit is issued. At the time a permit is issued, the guidelines relating to the activity will be explained to the permittee.
(C) Prohibited acts.
No person may ask, beg or solicit alms, including money and other things of value, in an aggressive manner in any public place. Acts authorized as an exercise of one’s constitutional right to picket, the right to legally protest, any acts authorized by permit or parades issued pursuant to the Code of the Township of Middle shall not constitute obstruction of pedestrian or vehicular traffic.
1. A person is guilty of pedestrian interference if, in a public place, that person intentionally obstructs pedestrian or vehicular traffic or if the at person aggressively begs.
2. No person may ask, beg or solicit alms in any public transportation vehicle or at any bus or train station or stop.
3. No person may ask, beg or solicit alms within 100 feet of any automatic teller machine (ATM).
4. No person may ask, beg or solicit alms from any operator or occupant of a motor vehicle that is in traffic on a public street.
5. No person may ask, beg or solicit alms from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying or reserving a public parking space or directing them operator or occupant to a public parking space.
6. No person may ask, beg or solicit alms in exchange for cleaning motor vehicle windows while the vehicle is in traffic on a public street
7. No person may ask, beg or solicit alms in exchange for protecting, watching, washing, cleaning, repairing or painting a motor vehicle or bicycle while it is parked on a public street.
8. No person may ask, beg or solicit alms on private property or residential property without permission from the owner or occupant.
9. No person may ask, beg or solicit alms between the hours of 8:00 PM and 8:00 AM.
10. No person may ask, beg or solicit alms within 25 feet of the entrance or exit of any business establishment where the express intent of such asking, begging or soliciting of alms is to solicit directly from the employees or patrons of such business establishment.
(D) EXEMPTIONS
Not for profit organizations seeking to solicit donations may be exempted from the provisions of this ordinance. Such exemptions must be granted first in written by the Municipal Police Department.
(E) PENALTIES AND FINES
a. First offense. A fine up to $250.00 plus up to 30 days jail time and up to 5 days of Court approved community service.
b. Second offense. A fine up to $500.00 plus up to 30 days jail time and up to 10 days of Court approved community service.
c. Third offense. A fine up to $1,000.00 plus up to 30 days jail time and up to 15 days of Court approved community service.
SECTION 2. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.
SECTION 3. This ordinance shall take effect after final adoption and publication as required by law.