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West Des Moines, IA Public Conduct: Aggressive Panhandling (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
No. Panhandling itself is lawful under chapter 13; only two things are restricted: soliciting drivers at the city's interstate interchange ramps under section 6-13-3, and, everywhere in the city, panhandling in the four aggressive manners listed in section 6-13-4, such as blocking a roadway, cursing, soliciting while intoxicated, or making a threat.
What counts as an aggressive manner of panhandling under the ordinance?
Section 6-13-4 defines four: standing or sitting on the travel portion of any street or highway, using profane or abusive language during or after a solicitation, panhandling while under the influence of alcohol or an illegal drug, and any statement or gesture a reasonable person would see as offensive or threatening.
Is aggressive panhandling a criminal charge or a civil ticket in West Des Moines?
Either, at the city's discretion. Section 6-13-5 lets West Des Moines charge a violation as a simple misdemeanor under section 5-2-1 of the code or issue a civil municipal infraction citation under title 1, chapter 4, rather than fixing one track for every violation.

Sources & Official References

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