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HomeMy WebLinkAbout1060ORDINANCE NO. 1060 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING DIVISION 7, CHAPTER 1, ARTICLE 9, ENTITLED "UNLAWFUL PANHANDLING" TO THE UKIAH CITY CODE The City Council of the City Council of the City of Ukiah hereby ordain as follows. SECTION ONE. FINDINGS AND DECLARATIONS. 1. Within the last two years there has been a substantial increase in aggressive panhandling in the City of Ukiah. . The number of people engaging in this activity has increased in parking lots, at entrances to business establishments, such as grocery stores, and on streets and major intersections and freeway on- and off-ramps in the City. o When this activity occurs in such places, it interferes with the safety, privacy, and security of the people who are approached for contributions of money, goods or services. , Panhandling of operators or other occupants of motor vehicles on public streets or freeway on- or off-ramps impedes traffic and endangers those who may enter the roadway to negotiate or complete an exchange of money, goods or services. o Panhandling in parking lots or within close proximity to the entrance to financial institutions, supermarkets or retail stores can be intimidating or threaten people using such facilities and undermine their sense of safety, privacy and quality of life. o Reasonable time, place and manner restrictions on panhandling will avoid these negative effects, and will not unreasonably restrict the expressive activity of people engaging in panhandling. SECTION TWO Article 9, entitled, "Unlawful Panhandling," is hereby added to Chapter 1, Division 7 of the Ukiah City Code to read as follows. §6090: Definitions: For purposes of this Article the following words shall have the following meaning, unless the context clearly indicates otherwise. 1. "Aggressive manner" shall mean: A. Approaching or speaking to a person, or following a person before, during or after panhandling, if that conduct is likely to cause a reasonable person to: (i) fear bodily harm to oneself or to another, damage to or loss of property, or (ii) otherwise be intimidated into giving money or other thing of value; or if the conduct is intended to have these effects. B. Approaching an occupied vehicle by entering into the roadway when traffic is either stopped or moving, before, during or after panhandling; C. Knocking on the window of, or physically reaching toward or into an occupied vehicle before, during or after panhandling; D. Continuing to solicit from a person after the person has given a negative response to such panhandling; E. Intentionally touching or causing physical contact with another person without that person's consent in the course of panhandling; F. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact before, during or after panhandling; G. Using violent or threatening gestures toward a person before, during or after panhandling; H. Using profane, offensive or abusive language toward a person before, during or after panhandling; I. Panhandling while under the influence of alcohol or any illegal narcotic or controlled substance; or, J. Following a person while panhandling, with the intent of asking that person for money, goods or other things of value. 2. "Panhandling" shall mean asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Panhandling shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. 3. "Public place" shall mean a place where a governmental entity has title or to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, parking lot, plaza, transportation facility, shopping center, school, place of amusement, park, or playground. 4. "Check cashing business" shall mean any person duly licensed by the Attorney General to engage in the business of cashing checks, drafts or money orders for consideration pursuant to Section 1789.31 of the California Civil Code. 5. "Automated teller machine" shall mean 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. 6. "Automated teller machine facility" shall mean the area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers after regular banking hours. {}6091: Unlawful Panhandling: It is unlawful and a public nuisance for any person to: A. Panhandle in an aggressive manner in any public place. B. Panhandle within twenty feet of any entrance or exit of any check cashing business, supermarket or retail store, or within twenty feet of any automated teller machine without the consent of the owner/agent of the property or another person legally in possession of such facilities; provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility. C. Panhandle an operator or other occupant of a motor vehicle while such vehicle is located on any street or highway on-ramp or off-ramp, for the purpose of performing or offering to perform a service in connection with such vehicle or otherwise soliciting donations or the sale of goods or services; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by -the operator or passenger of such vehicle. D. Panhandle in any public transportation vehicle, or in any public or private parking lot or parking structure. {}6092: PENALTY FOR VIOLATION: Any violation of this Article shall be deemed an infraction punishable by a fine not to exceed three hundred dollars ($300.00) for a first offense, and, for a second or subsequent offense, a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) or imprisonment in the County jail for a period not to exceed three months or by both fine and imprisonment. SECTION 3 The provisions of this Article are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Article, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this Article, or the validity of its application to other persons or circumstances. SECTION 4 Nothing in this Article shall limit or preclude the enforcement of other applicable laws. SECTION 5 This Ordinance shall become effective 30 days after its adoption and shall be published as required by law. Introduced by title only on January 5, 2005 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku None None None Adopted on January 19, 2005, by the following roll call vote' AYES: NOES: None ABSTAIN: None ABSENT: Councilmember Crane Councilmembers McCowen, Rodin, Baldwin, and Mayor Ashiku /, ,M~k Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk