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Cherokee County, GA Public Conduct: Aggressive Panhandling (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Bank/ATM buffer
15 feet from entrance during operating hours
Post-refusal buffer
5 feet after a negative response
Aggressive panhandling
aggravated misdemeanor
First offense
warning citation only
Max penalty
$1,000 fine, 60 days jail, or both
Applies to
unincorporated Cherokee County only

Summary

Cherokee County makes aggressive panhandling and solicitation within 15 feet of any bank, ATM, or check-cashing business unlawful. Ordinary unauthorized solicitation is a misdemeanor; aggressive panhandling, including touching, blocking, or following a person after a refusal, is an aggravated misdemeanor under Code § 38-83.

These county ordinances apply to unincorporated areas of Cherokee County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(b)Prohibitions.(1)It shall be unlawful for any person, firm, organization, or corporation to aggressively panhandle or solicit funds for the sole benefit of the solicitor within any public area in Cherokee County or:...b.Within 15 feet of any entrance or exit of any bank or check cashing business or within 15 feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business without the consent of the owner...(2)Unauthorized solicitation shall constitute a misdemeanor.(c)Aggressive panhandling shall mean and include:(1)Intentionally or recklessly making any physical contact with or touching another person or his vehicle in the course of the solicitation without the person's consent;...(3)Continuing to solicit within five feet of the person being solicited after the person has made a negative response...(7)Aggressive panhandling shall constitute an aggravated misdemeanor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 39 | Zoning: Supplement 35).

Full Breakdown

The Board of Commissioners defines "solicit or panhandle" broadly to cover any request for an immediate donation, made in person, in writing, or by other communication, in a "public area" that includes sidewalks, parks, plazas, streets, and parking lots open to the public. Section 38-83 bars solicitation in any public transportation vehicle or stop, within 15 feet of a bank, check-cashing business, or ATM entrance during operating hours without the owner's consent, on private property after the owner has objected or posted a no-solicitation sign, and from drivers stopped in traffic.

"Aggressive panhandling" is separately defined and includes intentionally touching the person solicited or their vehicle without consent, following someone in a way likely to cause fear of imminent bodily harm, continuing to solicit within five feet of a person after a negative response, blocking safe passage so a pedestrian or driver must take evasive action, and using obscene or abusive language or gestures meant to intimidate. The ordinance expressly regulates only time, place, and manner and carves out constitutionally protected picketing or protest activity, as well as solicitations by permitted charitable organizations, which are instead governed by the separate charitable-solicitation permit process at § 38-84 requiring a Marshal's Office permit, safety and traffic plans, and orange safety vests.

Violations & Fines

Unauthorized (non-aggressive) solicitation is a misdemeanor; aggressive panhandling as defined in § 38-83(c) is an aggravated misdemeanor. Under § 38-86, a first violation of the loitering/panhandling article draws a warning citation, a second sends the person to Cherokee County Magistrate Court, and conviction can carry a fine up to $1,000.00, up to 60 days in the county jail, or both, with every day of noncompliance a separate offense.

Frequently Asked Questions

Is all panhandling illegal in Cherokee County?
No. Ordinary solicitation for one's own benefit is only restricted by location, such as near a bank entrance, ATM, or on private property after being told not to solicit. It is aggressive panhandling, defined as touching, following, blocking, or intimidating language, that is charged as the more serious aggravated misdemeanor under § 38-83.
Can I be arrested for panhandling near an ATM?
Soliciting within 15 feet of any bank, check-cashing business, or ATM entrance during its hours of operation is unlawful without the owner's consent under § 38-83(b)(1)(b), and unauthorized solicitation is a misdemeanor punishable under § 38-86.
Do charities need a permit to solicit on county roads?
Yes. Section 38-84 requires charitable organizations soliciting on Cherokee County roads and highways to obtain a Marshal's Office permit good for seven calendar days, with safety and traffic plans, participant information, and orange safety vests required at the solicitation site.

Sources & Official References

Other rules in Cherokee County

All Cherokee County rules

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