Smyrna, TN Public Conduct: Aggressive Panhandling (2026)
Key Facts
- ATM and bank entrance buffer
- 25 feet in any direction
- Building entrance buffer
- Ten feet from a point of entry or exit
- Time ban
- After sunset or before sunrise
- Protected locations
- Bus stops, sidewalk cafés, schools, posted private property
- Adopted
- Ord. 13-30, January 2014
- Not panhandling
- Passive standing or sitting, music, or singing with a sign
Summary
The Town of Smyrna, Tennessee, bans panhandling at bus stops, sidewalk cafés, schools, near bank entrances and ATMs, near building entrances, on posted private property, and on any day after sunset or before sunrise. It also prohibits aggressive panhandling, which includes threats, persisting after a refusal, blocking, and touching.
(b)To persist in panhandling after the person solicited has given a negative response;(c)To block, either individually or as part of a group of persons, the passage of a solicited person; ... PANHANDLING. Any solicitation made in person upon any street, alley, sidewalk, public place, or park requesting an immediate donation of money or other thing of value for oneself or another person or entity. ... (1)It shall be unlawful for any person to engage in an act of panhandling when either the panhandler or the person being solicited is located in, on, or at any of the following locations:(a)Any bus stop;(b)Any sidewalk café;(c)Any area within 25 feet (in any direction) of an automatic teller machine or entrance to a bank;(d)Any public or private school;(e)Within ten feet of a point of entry to or exit from any building open to the public, including commercial establishments; or(f)On any private property where "No Solicitation" signs are posted.(2)It shall be unlawful to engage in the act of panhandling on any day after sunset or before sunrise.(3)It shall be unlawful for any person to engage in an act of aggressive panhandling.
Full Breakdown
Title 11, Chapter 13 of the Smyrna Municipal Code, adopted as Ord. 13-30 in January 2014, has two sections: definitions in § 11-1301 and prohibited conduct in § 11-1302.
Panhandling means any solicitation made in person upon any street, alley, sidewalk, public place, or park requesting an immediate donation of money or other thing of value for oneself or another person or entity. Selling an item for an amount far exceeding its value, where a reasonable person would understand the purchase is in substance a donation, counts as panhandling. Passively standing or sitting, performing music, or singing with a sign or other indication that a donation is being sought does not count, as long as there is no vocal request other than a response to an inquiry by another person.
Section 11-1302(1) bans panhandling when either the panhandler or the person being solicited is at a bus stop; a sidewalk café; any area within 25 feet, in any direction, of an automatic teller machine or entrance to a bank; any public or private school; within ten feet of a point of entry to or exit from any building open to the public, including commercial establishments; or on private property where "No Solicitation" signs are posted. Section 11-1302(2) bans panhandling on any day after sunset or before sunrise.
Section 11-1302(3) bans aggressive panhandling. Under § 11-1301 that includes approaching or speaking to a person in a way that would cause a reasonable person to believe he or she is threatened with imminent bodily injury or a criminal act against the person, another person, or property in the person's immediate possession; persisting after the person solicited has given a negative response; blocking the passage of a solicited person, alone or as part of a group; touching a solicited person without consent; rendering service to a motor vehicle without the prior consent of the owner, operator, or occupant and then asking for payment, whether the vehicle is on a public street or other public or private property; and conduct that would reasonably be construed as intended to intimidate, compel, or force a donation.
Violations & Fines
Chapter 13 contains no penalty section of its own, so the ordinance does not print a fine or jail term. Each prohibition in § 11-1302 is written as "It shall be unlawful," covering the location restrictions in subsection (1), the sunset-to-sunrise ban in subsection (2), and aggressive panhandling in subsection (3). The chapter does not say which penalty applies to a violation.
Frequently Asked Questions
Can someone hold a sign asking for donations in Smyrna, Tennessee?
How close to an ATM can someone panhandle in Smyrna?
Is panhandling allowed at night in Smyrna?
What counts as aggressive panhandling in Smyrna?
Sources & Official References
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