Rochester, NY Public Conduct: Aggressive Panhandling (2026)
Key Facts
- ATM/bank buffer
- 20 feet during business/operating hours
- Post-refusal buffer
- 5 feet after a negative response
- First-offense fine
- $25 to $250
- Repeat offense
- Up to 15 days jail (within 12 months)
- Also banned in
- Bus shelters, parking garages, skyways
- Enacted
- Ord. No. 2004-142, effective 7-1-2004
Summary
Rochester bans soliciting money 'in an aggressive manner' in any public place, plus flat bans on soliciting within 20 feet of ATMs and banks, in bus shelters, parking garages, skyways or from vehicle occupants. A first conviction draws a $25 to $250 fine; a second within a year can add up to 15 days in jail.
No person shall solicit in an aggressive manner in a public place. No person shall solicit within 20 feet of an automated teller machine or an entrance or exit of an automated teller machine facility during the time the automated teller machine is available for customers' use; or within 20 feet of an entrance or exit to a banking organization or a licensed casher of checks during its business hours. No person shall solicit when either the person soliciting or the person being solicited is in a bus shelter or at a bus stop. No person shall solicit in a parking garage or parking station. No person shall solicit in any portion of a public skyway or tunnel. No person on a sidewalk or alongside a roadway shall solicit from any occupant of a motor vehicle that is on a street or other public place. Penalties. A violation of this section shall be a "violation" as that term in defined in the Penal Law. A person convicted of violating this section shall be fined not less than $25 nor more than $250, and, in addition, for a second conviction within 12 months of a preceding conviction, may be imprisoned for a term not longer than 15 days.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4935326; v86 updated 2026-06-16; through 06-16-2026).
Full Breakdown
City Code § 44-4, adopted in 2004 to keep 'streets and sidewalks safe and attractive' and support tourism and business, defines 'aggressive manner' broadly: touching or approaching within arm's length without consent, following someone in a way likely to cause fear of imminent bodily harm, continuing to solicit within five feet after a negative response, blocking safe passage or forcing evasive action, or using intimidating words or gestures. Subsection C bans any aggressive solicitation in a 'public place,' defined to include streets, sidewalks, parks, parking lots, garages, and building entrances.
Beyond the aggressive-manner ban, § 44-4D through H layer on location-specific bans regardless of manner: no soliciting within 20 feet of an ATM or its facility while in service, or within 20 feet of a bank or licensed check-casher's entrance during business hours; no soliciting where either party is at a bus shelter or stop; none in a parking garage or parking station; none in a public skyway or tunnel; and no soliciting a vehicle occupant from a sidewalk or roadside. The law was enacted with an effective date of July 1, 2004, replacing a 1988-repealed general begging ordinance. It carries its own severability clause in § 44-4J.
Violations & Fines
A violation of § 44-4 is a 'violation' under the New York Penal Law, punishable by a fine of not less than $25 nor more than $250 under § 44-4I. A second conviction within 12 months of a prior one may add up to 15 days in jail; courts may substitute an alternative sentence in place of the fine, but it cannot be an unconditional discharge.
Frequently Asked Questions
What counts as 'aggressive' panhandling in Rochester?
Can I panhandle near an ATM in Rochester?
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Is panhandling from cars illegal in Rochester?
Sources & Official References
Other rules in Rochester
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