Aggressive Panhandling OrdinanceTHE CITY OF Dubuque
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Aggressive Panhandling Ordinance
DATE: October 27, 2009
Assistant City Attorney Crenna Brumwell is recommending City Council approval of an
ordinance to prohibit aggressive panhandling in the City of Dubuque. This ordinance
will not prohibit street performers or individuals who are passive. However, no one will
be allowed to obstruct traffic, sidewalks, or the right-of-way.
concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THE CTTY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
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CRENNA M. BRUMWELL, ESC,.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: October 14, 2009
RE: Aggressive Panhandling Ordinance
Over the past few months the City Attorney's Office as well as the Police Department
have received multiple contacts related to individuals panhandling throughout the
community. The concerns include individuals approaching vehicles, obstructing traffic,
and people feeling intimidated and/or threatened.
Following a significant amount of research and consultation with the Police Department
have drafted an ordinance which would prohibit aggressive panhandling in the City of
Dubuque. Aggressive panhandling is defined as one of more of the following actions:
• The touching of the solicited person without the solicited person's consent;
• Blocking the path of travel of the person being solicited;
• Blocking the entry or exit of a person being solicited to any vehicle or building;
• Continuing to solicit or request a donation from a person after that person has
refused an earlier request verbally or by ignoring the request;
• Following or remaining alongside a person who, after being solicited, walks away
from the person panhandling and doing the same in a manner that would cause a
reasonably prudent person to feel threatened, intimidated,~or fearful;
• Making any statement, gesture, or other communication that would cause a
reasonably prudent person to feel threatened, intimidated, or fearful;
• Soliciting a person who is in a situation in which it is obvious to a reasonably
prudent person that the person being solicited would not feel free to immediately
walk away, and shall include, but is not limited to, at any bus stop, in any public
transportation vehicle, in a line waiting for service or admission, or dining at an
outdoor service area;
• Soliciting someone within fifty feet (50') of an automatic teller machine or an
entrance to a bank or similar institution;
• Behavior which deters a reasonably prudent person from passing through or
remaining in or near any thoroughfare, or public place because of fear, concern,
or apprehension caused by such behavior.
As you can see the ordinance will not prohibit street performers or individuals who are
passive. However, no one will be allowed to obstruct traffic, sidewalks, or the right-of-
way. If an individual does so he or she must be asked to leave. If the individual refuses
the proper response would be an arrest for trespassing.
On private property it will be up to the property owner as to whether panhandlers will be
allowed. If a private property owner does not want panhandlers on their property they
can post "No Trespassing" signs and provide the Police Department with a no
trespassing request letter. The typical format of these letters is to authorize the Police
Department to enter onto the private property to remove, cite, and/or arrest individuals
who are trespassing.
Request
At this time I am presenting the attached ordinance for your review and consideration.
Thank you.
cc: Cindy Steinhauser, Assistant City Manager
Terry Tobin, Acting Chief of Police
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 54 -09
AMENDING TITLE 7 POLICE, FIRE, AND PUBLIC SAFETY, CHAPTER 5
OFFENSES, ARTICLE A GENERAL OFFENSES, OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY ADDING A NEW SECTION 7-5A-17 AGGRESSIVE
PANHANDLING PROHIBITED DEFINING AND PROHIBITING AGGRESSIVE
PANHANDLING AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 7, Chapter 5, Article A of the City of Dubuque Code of
Ordinances is amended by adding thereto the following new section:
7-5A-17. Aggressive Panhandling Prohibited.
1. Purpose.
a. The purpose of this Ordinance is to ensure unimpeded pedestrian traffic
flow, to maintain and protect the physical safety and well-being of pedestrians,
and to otherwise foster a safe and harassment-free climate in public places in the
city of Dubuque.
b. This Ordinance is not intended to limit any person from exercising such
person's constitutional right to solicit funds, picket, protest, or engage in other
constitutionally protected activity.
2. Definitions. As used in this Ordinance, the following terms shall have the
following meanings, unless the context clearly indicates that a different meaning is
intended:
a. Aggressive panhandling means panhandling which demonstrates a
specific intent to induce, solicit, or procure from another goods or money which
includes one (1) or more of the following actions:
i. The touching of the solicited person without the solicited person's
consent;
ii. Blocking the path of travel of the person being solicited;
iii. Blocking the entry or exit of a person being solicited to any vehicle
or building;
iv. Continuing to solicit or request a donation from a person after that
person has refused an earlier request verbally or has ignored the request;
v. Following or remaining alongside a person who, after being
solicited, walks away from the person panhandling and doing the same in
a manner that would cause a reasonably prudent person to feel
threatened, intimidated, or fearful;
vi. Making any statement, gesture, or other communication that would
cause a reasonably prudent person to feel threatened, intimidated, or
fearful;
vii. Soliciting a person who is in a situation in which it would be obvious
to a reasonably prudent person that the person being solicited would not
feel free to immediately walk away, and shall include, but is not limited to,
soliciting the person at any bus stop, in any public transportation vehicle,
in a line waiting for service or admission, or dining at an outdoor service
area;
viii. Soliciting a person within fifty feet (50') of an automatic teller
machine or an entrance to a bank or similar institution;
ix. Behavior which would deter a reasonably prudent person from
passing through or remaining in or near any thoroughfare, or public place
because of fear, concern, or apprehension caused by such behavior.
b. Automated teller machine means a device, linked to a financial institution's
account records, which is able to carry out transactions, including, but not limited
to, account transfers, deposits, cash withdrawals, balance inquiries, and
mortgage and loan payments.
c. Intimidation means conduct which repeatedly interferes with the free
passage of other persons in or into public places or which demonstrates an
attempt to discourage the free passage of other persons in or into public places.
d. Panhandling means any request for or solicitation of an immediate
donation of money, and includes a request or solicitation to purchase an item for
an amount far exceeding its value and circumstances where a reasonably
prudent person would understand that the purchase is in substance a donation.
Panhandling shall not include the act of passively standing, sitting, or engaging in
a musical performance or other street performance with a sign or other indication
that donations are being sought without any verbal request for a donation other
than in response to an inquiry by another person.
e. Public place means any area generally visible to public view and includes
streets, right-of-ways, sidewalks, bridges, alleys, plazas, parks, driveways,
parking lots, communication facilities, transportation facilities, and buildings open
to the general public including those which serve food or drink or provide
entertainment, and the doorways, entrances, or other openings in buildings or
dwellings and the grounds enclosing them.
f. Threats mean statements, gestures, or other forms of communication
which a reasonably prudent person would perceive as intending to result in the
procurement of money or goods by intimidation or coercion.
3. Prohibited Acts.
a. It shall be unlawful for any person, either individually or as part of a group,
to engage in aggressive panhandling in any public place.
b. It shall be unlawful for two (2) or more persons to intentionally work in
concert to commit acts that would constitute aggressive panhandling if those acts
were performed by a single individual.
c. To constitute a violation of this Section the violator's conduct must be such
as to demonstrate a specific intent to induce, solicit, or procure from another
goods or money.
4. Penalty. A violation of this Section may be prosecuted as a criminal or civil
matter, and upon conviction an individual is subject to a penalty and other relief in
accordance with Sections 1-4-1 and 1-4-2 of the Code of Ordinances.
5. Severability. If any of the provisions of this Ordinance are for any reason deemed
illegal or void, then the lawful provisions of this Ordinance, which are separable from
said unlawful or void provisions, shall be and remain in full force and effect, the same as
if this Ordinance contained no illegal or void provisions.
Section 2. This Ordinance shall take effect on publication.
Passed, approved and adopted the 2nd day of November , 2009.
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Roy D. ' uol, Mayor
Att st:
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eanne F. Schneider, City Clerk
EFFECT OF AMENDMENT
7-5A-17. Aggressive Panhandling Prohibited.
1. Purpose.
a. The purpose of this Ordinance is to ensure unimpeded pedestrian traffic
flow, to maintain and protect the physical safety and well-being of pedestrians
and to otherwise foster a safe and harassment-free climate in public places in the
city of Dubuque.
b. This Ordinance is not intended to limit any person from exercising such
person's constitutional right to solicit funds picket protest or engage in other
constitutionally protected activity
2. Definitions. As used in this Ordinance, the following terms shall have the
following meanings, unless the context clearly indicates that a different meaning is
intended:
a. Aggressive panhandling means panhandling that includes one (1) or more
of the following actions:
i. The touching of the solicited person without the solicited person's
consent;
ii. Blocking the path of travel of the person being solicited
iii. Blocking the entry or exit of a person being solicited to any vehicle
or building;
iv. Continuing to solicit or request a donation from a person after that
person has refused an earlier reauest verbally or has ignored the request•
v. Following or remaining alongside a person who after being
solicited, walks away from the person panhandling and doing the same in
a manner that would cause a reasonably prudent person to feel
threatened, intimidated, or fearful;
vi. Making any statement, gesture, or other communication that would
cause a reasonably prudent person to feel threatened intimidated or
fearful;
vii. Soliciting a person who is in a situation in which it would be obvious
to a reasonably prudent person that the person being solicited would not
feel free to immediately walk away and shall include but is not limited to
soliciting the person at any bus stop in any public transportation vehicle
in a line waiting for service or admission or dining at an outdoor service
area;
viii. Soliciting a person within fifty feet (50') of an automatic teller
machine or an entrance to a bank or similar institution
ix. Behavior which would deter a reasonably prudent person from
passing through or remaining in or near any thoroughfare or public place
because of fear, concern, or apprehension caused by such behavior
b. Automated teller machine means a device linked to a financial institution's
account records, which is able to carry out transactions including but not limited
to, account transfers, deposits, cash withdrawals balance inquiries and
mortgage and loan payments.
c. Intimidation means conduct which repeatedly interferes with the free
passage of other persons in or into public places or which demonstrates an
attempt to discourage the free passage of other persons in or into public places
d. Panhandling means any request for or solicitation of an immediate
donation of money, and includes a request or solicitation to purchase an item for
an amount far exceeding its value and circumstances where a reasonably
prudent person would understand that the purchase is in substance a donation
Panhandling shall not include the act of passively standing sitting or engaging in
a musical performance or other street performance with a sign or other indication
that donations are being sought without any verbal request for a donation other
than in response to an inquiry by another person.
e. Public place means any area ey nerally visible to public view and includes
streets, right-of-ways, sidewalks, bridges alleys plazas parks driveways
parking lots, communication facilities, transportation facilities and buildings open
to the general public including those which serve food or drink or provide
entertainment, and the doorways entrances or other openings in buildings or
dwellings and the grounds enclosing them.
f. Threats mean statements, gestures or other forms of communication
which a reasonably prudent person would perceive as intending to result in the
procurement of money or goods by intimidation or coercion.
3. Prohibited Acts.
a. It shall be unlawful for any person either individually or as part of a group
to engage in agqressive panhandling in any public place
b. It shall be unlawful for two (2) or more persons to intentionally work in
concert to commit acts that would constitute agqressive panhandling if those acts
were performed by a single individual.
c. To constitute a violation of this Section the violator's conduct must be such
as to demonstrate a specific intent to induce solicit or procure from another
goods or money,,
4. Penalty. A violation of this Section may be prosecuted as a criminal or civil
matter, and upon conviction an individual is subject to a penalty and other relief in
accordance with Sections 1-4-1 and 1-4-2 of the Code of Ordinances.
5. Severability. If any of the provisions of this Ordinance are for any reason deemed
illegal or void, then the lawful provisions of this Ordinance, which are separable from
said unlawful or void provisions, shall be and remain in full force and effect, the same as
if this Ordinance contained no illegal or void provisions.