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Aggressive Panhandling OrdinanceTHE CITY OF Dubuque ~j Tj~ E AN-AmericacitY l.J ,L.J ~ r 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 f 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. ~, . 4F ~,. C Roy D. ' uol, Mayor Att st: ~" 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.