Rochester, MN Public Conduct: Aggressive Panhandling (2026)

Chapter 8-9 targets only aggressive panhandling, not passive solicitation, which the council's own findings in Sec. 8-9-1 acknowledge is protected speech under the First Amendment. Sec. 8-9-2 defines 'aggressive panhandling' as panhandling that involves any of twelve listed circumstances: touching the solicited person without consent; repeating a solicitation after it has been refused at that location; blocking the person's path; following alongside, behind or ahead of the person with intent to intimidate; using profane or abusive language or an obscene gesture; making statements or acting in a way that would cause a reasonable person to feel harassed or compelled to donate; panhandling within 15 feet of an ATM or bank entrance; within 15 feet of a public restroom; inside a public transportation vehicle or facility such as a bus stop or taxi stand; within 15 feet of a sidewalk cafe, vending cart or outdoor dining area; approaching a vehicle stopped or parked on a public street; or approaching someone waiting in line to enter a commercial or government building.

'Panhandling' itself is defined broadly to include any in-person request for an immediate donation of money by words, gestures or signs, including busking where a donation is expected, but it excludes a person passively sitting or performing with a sign and no vocal request. Sec. ' Sec. 8-9-4 requires officers to first warn a panhandler about the rules, the penalty, and available social services before anyone can be prosecuted under the chapter.