A Newmarket man is the first person to be issued a summons under the city's panhandling ordinance, according to the Rochester Police Department's Capt. Gary Boudreau.

ROCHESTER — A Newmarket man is the first person to be issued a summons under Rochester’s panhandling ordinance, according to the Rochester Police Department's Capt. Gary Boudreau.

Evan Post, 32, of 9 Bay Road in Newmarket, was seen by a Rochester police officer on Nov. 25 soliciting funds from a vehicle traveling on Wakefield Street, Boudreau said. The driver of the vehicle was counseled about the ordinance and was released without penalty, Boudreau said.

Post was issued a summons because he had been made aware of the ordinance previously and was known to police for engaging in panhandling activity, Boudreau said. The driver did not get a summons because, despite being from the area, he told police he did not know the ordinance existed, Boudreau said.

The ordinance forbids individuals from passing any items to or from a motor vehicle in a public roadway. The law does not apply to any law enforcement officer acting in the scope of their official duty and does not include a person attempting to assist an occupant after a motor vehicle accident, with a disabled motor vehicle or in cases in which the occupant is experiencing a medical emergency, according to city documents.

Post is scheduled for arraignment at 8 a.m. on Monday, Jan. 11, at the Rochester District Courthouse, Boudreau said. He is facing a fine of no less than $25 under the new ordinance, which was adopted by the city on Sept. 1. A second offense could mean a fine of no less than $250; third or subsequent offenses could mean a fine of no less than $500 and no more than $1,000.