PANHANDLING
“Begging” shall mean the solicitation of money or other valuable consideration without giving consideration in return.
“Loitering” shall mean remaining in essentially one area and shall include the concept of spending idle time; to be dilatory; to linger; to stay; so saunter; to delay; and to stay around.
1. Panhandling: It shall be unlawful for any person to loiter for the purpose of begging or to beg either alone and/or in consort with others in a public place. The provisions of this section shall not apply to any organization or society that is organized and operated exclusively for religious, educational, philanthropic, benevolent, fraternal, charitable, or reformatory purposes, not operated for pecuniary profit, where no part of the net earnings of which inures to the benefit of any person, private shareholder or individual and provided that any person conducting such solicitation is duly identified as being the authorized agent of such organization or society.
2. Severability: The invalidity of any section or provision of this Ordinance shall not affect the validity of any other section or provision of this Ordinance.3. Enforcement: The Chief of Police or any of his designated officers will enforce this Ordinance. Any officer who observes a violation of this Ordinance may summons that individual to the District Court. Any officer who receives a complaint
of a violation of this Ordinance from a citizen may, after investigation of the complaint and determining that sufficient evidence exists to conclude that a violation of the Ordinance occurred, summons the offender to the District Court.4. Civil Penalty: Any person adjudicated in violation of this Ordinance shall be liable for a civil penalty.First Offense: Written Warning and a copy of this Ordinance.Second and Subsequent Offenses: Shall be not less than Fifty ($50.00) dollars and not more than One Hundred ($100.00) dollars. Any second or subsequent offender of this ordinance who is summonsed for violation may waive all court action by payment of the civil penalty to the Town within ten (10) days of the date of the summons. If the penalty is not paid and/or if court action ensues, the offender shall be liable for any and all costs incurred by the Town in enforcing this Ordinance, including but not limited to court filing fees and the cost of legal
counsel.
5. Penalties Accrue to Town: All civil penalties collected under this Ordinance shall accrue to the Town of Kennebunkport.
Adopted by the Board of Selectmen on June 15, 1976.
Amended September 22, 2005.
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