West Des Moines, IA Public Conduct: Aggressive Panhandling (2026)
Key Facts
- Manner rule applies
- Citywide, not just near interchanges
- Banned act
- Soliciting from the travel portion of any street
- Banned act
- Profane or abusive language during or after refusal
- Banned act
- Panhandling while impaired by alcohol or drugs
- Banned act
- Threatening statement or gesture
- Enforcement
- Simple misdemeanor or municipal infraction, city's choice
- Adopted by
- Ordinance 2062, November 3, 2014
Summary
West Des Moines City Code section 6-13-4 makes it a violation, anywhere in the city, to panhandle from the travel portion of any street, to use profane or abusive language during or after a solicitation, to panhandle while under the influence of alcohol or drugs, or to make a threatening statement or gesture. Violators face a simple misdemeanor or a municipal infraction citation under section 6-13-5.
6-13-4: MANNER OF PANHANDLING: ... It shall be unlawful for any individual to panhandle in any of the following manners at any location within the city: A. By standing, sitting, or otherwise being present in or on the travel portion of a public or private street or highway; ... ... B. By using profane or abusive language, either during the solicitation or following a refusal; C. While under the influence of alcohol or any illegal narcotic or controlled substance; or D. By any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be offensive or a threat. ... 6-13-5: ... PENALTIES: Any person who violates any of the provisions of this chapter may be charged with a simple misdemeanor criminal offense, pursuant to section 5-2-1 of this code, or receive a municipal infraction civil citation, pursuant to title 1, chapter 4 of this code. The city shall have the discretion to enforce this chapter either as a simple misdemeanor or a municipal infraction.
Full Breakdown
Chapter 13 of the West Des Moines City Code, adopted by Ordinance 2062 on November 3, 2014, regulates panhandling in two ways: section 6-13-3 restricts where a person may solicit near the city's interstate highway interchanges, and section 6-13-4, the manner provision, applies citywide regardless of location. Section 6-13-4 lists four ways of panhandling that are unlawful everywhere in the city: standing, sitting, or otherwise being present anywhere in the travel portion of a public or private street or highway; using profane or abusive language during the solicitation or after the target refuses; panhandling while under the influence of alcohol or an illegal narcotic or controlled substance; and making any statement, gesture, or communication a reasonable person in the solicited person's position would view as offensive or a threat.
Because the manner rule is not tied to the interchange zones, it reaches aggressive solicitation on any street, sidewalk, or median in the city. Section 6-13-5 gives the city a choice of two enforcement tracks for any chapter 13 violation: a simple misdemeanor criminal charge under section 5-2-1, or a civil municipal infraction citation under title 1, chapter 4. The chapter leaves the choice of track to the city's discretion rather than fixing it by offense type, so the same profane-language or threatening-gesture violation could be prosecuted criminally or handled as a civil infraction depending on how West Des Moines Police and the City Attorney's office choose to proceed.
Violations & Fines
A single act, standing on a roadway shoulder to solicit, cursing at someone who refuses, soliciting while intoxicated, or making a threatening gesture, violates section 6-13-4 anywhere in West Des Moines. Section 6-13-5 lets the city charge it as a simple misdemeanor under section 5-2-1 or issue a municipal infraction citation under title 1, chapter 4, at the city's discretion.
Frequently Asked Questions
Is all panhandling illegal in West Des Moines?
What counts as an aggressive manner of panhandling under the ordinance?
Is aggressive panhandling a criminal charge or a civil ticket in West Des Moines?
Sources & Official References
Other rules in West Des Moines
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