Panhandling Ordinance

The City of Daytona Beach unanimously adopted an ordinance on February 6, 2019 which places reasonable restrictions on panhandling activity within the city limits.

Intent

  • Recognize and not burden the constitutional right of a person to solicit, panhandle or beg in a peaceful and non-threatening manner.
  • Acknowledge the increase in aggressive panhandling and begging throughout the City of Daytona Beach that has become disturbing and disruptive to residents and businesses
  • Provide reasonable restrictions to protect the health, safety and welfare of citizens and visitors to the City.
  • Prohibit "aggressive panhandling," and to enforce distance-based regulations that prohibit panhandling in certain areas where citizens have a limited ability to avoid or forestall panhandling (such as at bus stops, ATM's and schools).

What Is Aggressive Panhandling?

To approach or speak to a person in order to demand, request, or beg for money or a donation of valuable property in a way that would cause a reasonable person to believe they are being threatened with imminent bodily injury or that a crime is going to be committed upon themselves, someone in their company, or property in their possession. 

This includes:

  • A panhandler placing themselves within 2 feet of a solicited person and/or using abusive or profane language in a loud voice.
  • Maintaining contact with a solicited person by walking in front of, next to, or behind them while continuing to demand, request, or beg for money or a donation of valuable property after the solicited person has refused or said "no".
  • Obstructing, blocking or impeding the passage or free movement of a solicited person or someone in their company by walking, standing, sitting, laying or placing an object in their path that would require them to take evasive action. This includes, but is not limited to, persons traveling on foot, bicycle, wheelchair, operating a motor vehicle or getting in or out of a motor vehicle.
  • Touching or making physical contact with a solicited person or someone in their company or to touch their vehicle without their consent.
  • Engaging in behavior intended to intimidate, compel, or force a solicited person to give in to the panhandler's demands

Where Any Kind Of Panhandling Is Prohibited

  • Within 20 feet in any direction from any entrance or exit of commercially zoned property
  • Within 20 feet in any direction from any entrance or exit of any bus or trolley stop or any public transportation facility
  • Within 20 feet in any direction from an ATM or any electronic information device that accepts or dispenses cash in connection with an account with a financial institution
  • Within 20 feet in any direction of any parking lot, garage, meter, or pay station owned or operated by the city
  • Within 20 feet in any direction of any public restroom owned and operated by a governmental agency
  • Within 100 feet in any direction of any daycare or school, including pre-kindergarten through grade 12
  • Within 150 feet of any signalized intersection of arterial roads, collector roads and arterial and collector roads
  • On the Boardwalk
  • Any outdoor dining area
  • Any outdoor merchandise area
  • Any transit stop or taxi stand
  • By approaching the operator or occupant of a motor vehicle
  • By approaching a person waiting in line to be admitted to a commercial establishment
  • In any area after dark or while under the influence of drugs and/or alcohol