Loading...
2008, 07-25 City of Spokane Draft Ordinances (Panhandling)MEMORANDUM July 25, 2008 TO: Joe Shogan, Council President Members of the City Council FROM: ' Michael J. Piccolo, Assistant City Attorney SUBJECT: Ordinances Regarding Pedestrian Interference, Panhandling and Street Performers. CC: Mayor Mary B. Verner Ted Danek, City Administrator Anne Kirkpatrick, Police Chief Howard Delaney, City Attorney Jim Bledsoe, City Prosecutor Earlier this summer, the Legal Department started reviewing several ordinances, primarily from other Washington cities, regarding various topics related to pedestrian interference, panhandling and street performers. This review was initiated from a meeting with Councilpersons McLaughlin and Rush along with representatives from the Police Department and the Spokane Downtown Partnership. A prior presentation was also made to the Public Safety Committee. There is also a joint task force consisting of representatives from the cities of Spokane and Spokane Valley, which has been organized to review issues related to panhandling. Under the direction of the Mayor's Office, several draft ordinances have been prepared based upon what has been adopted in other cities. The following draft ordinances have been prepared: 1) Ordinance amending SMC 10. 10.25 regarding the City's current pedestrian interference ordinance; 2) Ordinance regarding sitting or lying down on public sidewalks in certain places and at certain times based upon an ordinance from the City of Seattle; 3) Ordinance regarding regulations of solicitation; 4) Ordinance regarding solicitation of occupants of vehicles; and 5) Ordinance regarding street performers. The Mayor's Office has requested that the Legal Department seek additional review of these ordinances prior to submitting them to the Public Safety Committee. To obtain this additional review, the Legal Department has asked both the Center for Justice and Gonzaga University to review the ordinances and provide the City with their comments and suggested changes. Both Breean Beggs from the Center for Justice and Professor George Critchlow of Gonzaga University have indicated their willingness to provide their independent review. Their review should be completed by the end of August. It is imperative to remember that the draft ordinances do not in any way suggest that either the Mayor's Office or the City Council members have indicated their approval of the ordinances. Instead, the intent of the draft ordinances is to provide the Mayor's Office and the City Council with background as to what type of ordinances other cities have adopted. The purpose of the initial drafting and subsequent review is to develop ordinances for potential council debate and public input that protect individual constitutional rights while effectively protecting the public health, safety and welfare. I anticipate significant revisions to all of the ordinances as we go through the review process. The Legal Department will provide you with further updates as the ordinances are reviewed and revised. Please let me know if you have any questions. E DRAFT — FOR DISCUSSION PURPOSES ONLY 7/24/2008 ORDINANCE NO. C- An ordinance related to pedestrian interference, amending SMC 10.10.025. The City of Spokane does ordain: Section 1. That SMC 10.10.025 is amended to read as follows: 10.10.025 Pedestrian Interference A. Consistent with the findings of other Washington State cities, the city council finds that it is important to the general welfare of the citizens and residents of the City to protect and preserve the public safety of pedestrians and to insure the safe and efficient movement of pedestrian and vehicular traffic in public places. The city council further finds that.public places as defined in this section serve the primary purpose of enabling pedestrian and vehicular traffic to safely and efficiently move about from place to place and that public places in the urban core have become increasingly congested and should be maintained to serve their primary purpose. Spokane, as well as other cities in Washington, has experienced an increase in the number of incidents of aggressive solicitation by individuals towards pedestrians and that pedestrian interference in public places deteriorates from the primary purpose and threatens public health, safety and welfare. The City has a compelling interest in protecting its citizens from threatening, intimidating or harassing behavior caused by aggressive solicitations, in preserving the quality of life in its urban center and in protecting and preserving the public health, safety and welfare. B The following definitions apply in this section: "Aggressively solicit" means to selini+wi +h the intent to intimidate nlini +nr °6 n, irnns c� n `+r in +eni -tort ,moo .,f the money nr nnnrlc tO solicit anything of value and intentionally engage in conduct that would likely intimidate a reasonable person, including but not limited to touching, following, persistently soliciting anything of value after being refused, using violent or threatening language or gestures, or taking similar actions for the purpose of inducing another person into giving an hing of value regardless of the solicitor's purpose. H: /mjp /city council /ordinances /pedestrian interference/ Ord Re Pedestrian Interference (July 24 — 08) DRAFT — FOR DISCUSSION PURPOSES ONLY 7/24/2008 "coercion" means: a. to approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with either imminent bodily injury or the commission of a criminal act upon the person or another person or upon property in the person's immediate possession; b. to persist in a solicitation after the person solicited has given a negative response; C. to, block, either individually or as part of a group of persons, the passage of a solicited person; d. to engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands; C. to use violent or threatening gestures toward a person; f. willfully providing or delivering, or attempting to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return; or g. to use profane, offensive, or abusive language, which is inherently likely to provoke an immediate violent reaction. 3 "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie or place an object in such manner as to obstruct or impede, or a person of ordinary sensibilities would conclude it tends to obstruct or impede, the free passage of pedestrians and /or vehicles through the area; or that requires, or would require, evasive action by a pedestrian and /or vehicle to avoid physical contact. A If the impediment or obstruction is caused by the size of a particular group of persons, all persons within the group are equally subject to this section. H: /mjp /city council /ordinances /pedestrian interference/ 2 Ord Re Pedestrian Interference (July 24 — 08) DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 b. Acts authorized as an exercise of one's constitutional rights., which incidentally interferes with pedestrian or vehicular traffic in order to exercise that right, and acts authorized by a special use permit or an obstruction permit issued pursuant to SMC 11.02.03458(D), SMC 12.02.0706 or SMC 12.02.0730 do not constitute obstruction of pedestrian or vehicular traffic. 4. "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doors and entrances to buildings or dwellings and the grounds enclosing them. 5. "Solicit" and all derivative forms of "solicit" means to ask, beg. solicit or plead whether orally or in a written or printed manner, for the purpose of immediately receiving contributions alms charily, or gifts of items of value for oneself or another person weFds bodily gesturoy signs OF other means. C. A person is guilty of pedestrian interference if, in a public place, he or she knowingly: 1. obstructs pedestrian or vehicular traffic, or 2. aggressively solicits. D. Pedestrian interference is a misdemeanor. E. The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance does not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances. H: /mjp /city council /ordinances /pedestrian interference/ 3 Ord Re Pedestrian Interference (July 24 — 08) DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 PASSED BY THE CITY COUNCIL ON Attest: City Clerk Mayor H: /mjp /city council /ordinances /pedestrian interference/ 4 Ord Re Pedestrian Interference (July 24 — 08) Council President Approved as to form: Assistant City Attorney Date Effective Date 11: DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 ORDINANCE NO. C- An ordinance relating to sitting. or lying down on public sidewalks in certain places at certain times; and adding a new section to SMC Chapter 10.10 designated as section 10:10.026. Section 1. Findings and Purpose. A. Public sidewalks in business districts are created and maintained for the primary purpose of enabling pedestrians to safely and efficiently move about from place to place, facilitating deliveries of goods and services, and providing potential customers with convenient access to goods and services. B. During normal business hours, the public sidewalks in downtown and neighborhood commercial areas are prone to congestion, . and should be kept available to serve these primary purposes. C. Except in places provided therefore or where reasonably necessary, sitting or lying on the public sidewalks in downtown and neighborhood commercial areas during the hours of greatest congestion interferes with the primary. purposes of the public sidewalks, threatens public safety, and damages the public welfare. D. Pedestrians, particularly the elderly, disabled, or vision - impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalk. E. The public welfare is promoted by economically healthy downtown and neighborhood commercial areas which attract people to shop, work and recreate. These areas provide easily accessible goods and services, employment opportunities, and tax revenue necessary to support essential public services, and the economic productivity necessary to maintain and improve property within these areas. F. In some circumstances people sitting or lying on the sidewalks deter many members of the public from frequenting those areas, which contributes to undermining the essential economic viability of those areas. Business failures and relocations can cause vacant storefronts which contribute to a spiral of deterioration and blight which harms the public health, safety and welfare. An important factor in protecting public safety is attracting people to the streets and sidewalks of the City's business districts, because the presence of many law - abiding citizens serves as a deterrent to crime and increases the public's sense of security and the safety of all. G. There are numerous other places within the downtown and neighborhood commercial areas where sitting or lying down can be accommodated without unduly interfering with the safe flow of pedestrian traffic, impeding commercial activity, threatening public safety or harming the public welfare. These other places include city H: /MJP /City Council /Ordinances/Pedestdan Interference 1 Ord Re Sitting In Retail Zone (July 24 — 08) DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 parks and plazas, alleyways, private plazas, arcades and common areas open to the public, and generally on private property with the permission of the property owner. In addition, public sidewalks outside the designated business districts and all sidewalks outside the designated hours are. available for sitting or lying down. Therefore, the limited regulation of sitting or lying down on sidewalks is both reasonably necessary and appropriately balances the public interest and individual rights. NOW, THEREFORE, the City of Spokane does ordain: Section 2. That there be added to SMC Chapter 10.10 a new section, designated 10.10.026, to read as follows: 10.10.026 Sitting, Lying on Sidewalk in Retail Zone. A. Prohibition. No person may sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, during the hours between seven a.m. and nine p.m. in the retail zone of the congested district as defined in Section 16.04.145. B. Exceptions. The prohibition in subsection A does not apply to any person: 1. sitting or lying down due to a medical emergency; 2. who, as the result of a disability, utilizes a wheelchair, walker or similar device to move about the public sidewalk; 3. operating or patronizing a business with permission to occupy the sidewalk; 4. participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a special event or other applicable permit; 5. sitting on a chair or bench supplied by a public agency or by the abutting private property owner pursuant to the appropriate permit or license; 6. sitting within a bus stop zone while waiting for public or private transportation. C. This section does not permit any conduct which is prohibited by Section 10.10.025, Pedestrian Interference. D. This regulation of passive solicitation is regulated pursuant to Section 10.10.027. E. A violation of SMC 10. 10.026 is a misdemeanor. H: /MJP /City CounciVOrdinances /Pedestrian Interference 2 Ord Re Sitting in Retail Zone (July 24 — 08) DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 PASSED BY THE CITY COUNCIL ON 12008. Council President Attest: Approved as to form: City Clerk Assistant City Attorney Mayor H: /MJP /CityCouncil/ Ordinances /Pedestrian. Interference 3 Ord Re Sitting in Retail Zone (July 24 — 08) Date Effective Date DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 ORDINANCE NO. C- An ordinance regarding regulation of solicitation; adding a new section to SMC Chapter 10.10 designated as section 10.10.027. The City of Spokane does ordain: Section 1. That there be added to SMC Chapter 10.10 a new section, designated as 10. 10.027 to read as follows: 10.10.027 Regulation of Solicitation A. Purpose. The purpose of this chapter is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, to promote tourism and business, and to preserve the quality of urban life while providing safe and appropriate venues for constitutionally protected activity. B. The following definitions apply in this section: 1. "Automated teller machine" means a machine, other than a telephone: a. that is capable of being operated by a customer of a financial institution; b. by which the customer may communicate to the financial institution a request to withdraw, deposit, transfer funds, make payment, or otherwise conduct financial business for the customer or for another person directly from the customer's account or from the customer's account under a line of credit previously authorized by the financial institution for the customer; and C. the use of which may or may not involve personnel of a financial institution. 2. "Coercion" means: a. to approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with either imminent bodily injury or the commission of a criminal act upon the person or another person or upon property in the person's immediate possession; H: /mjp /city council /ordinances/pedestrian interference/ 1 Ord Re Regulation of Solicitation (July 24 — 08) DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 b. to persist in a solicitation after the person solicited has given a negative response; C. to block, either individually or as part of a group of persons, the passage of a solicited person; d. to engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands; e. to use violent or threatening gestures toward a person; f. willfully providing or delivering, or attempting to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return; or g. to use profane, offensive, or abusive language, which is inherently likely to provoke an immediate violent reaction. 3. "Exterior public pay telephone" means any coin or credit card reader telephone that is: a. installed or located anywhere on a premises except exclusively in the interior of a building located on the premises; and b. accessible and available for use by members of the general public. 4. "Public transportation facility" means a facility or designated location that is owned, operated, or maintained by a city, county, county transportation authority, public transportation benefit area, regional transit authority, or metropolitan municipal corporation within the state. 5. "Public transportation stop" means an area officially marked and designated as a place to wait for a bus, a light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis. 6. "Public transportation vehicle" has the meaning given that term in RCW 46.04.355, as currently adopted or as it may be amended in the future. 7. "Self service car wash" means a structure: a. at which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money in a coin - operated machine; and H: /mjp /city council /ordinances /pedestrian interference/ 2 Ord Re Regulation of Solicitation (July 24 — 08) DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 b. that is accessible and available for use by members of the general public. 8. "Self service fuel pump" means a fuel pump: a. from which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator, with or without the aid of an employee or attendant of the premises at which the fuel pump is located; and b. that is accessible and available for use by members of the general public. 9. "Solicit" and all derivative forms of "solicit" means to ask, beg, solicit, or plead, whether orally or in a written or printed manner, for the purpose of immediately receiving contributions, alms, charity, or gifts of items of value for oneself or another person. C. Place of solicitation. 1. Solicitation near designated locations and facilities. a. It is unlawful for any person to solicit another person with 15 feet of: a. an automated teller machine; b. the entrance of a building, unless the solicitor has permission from the owner or occupant; C. an exterior public pay telephone; d. a self - service car wash; e. a self - service fuel pump; f. a public transportation stop; or g. any parked vehicle as occupants of such vehicle enter or exit such vehicle. 2. For purposes of subsection A; measurement will be made in a straight line, without regard to intervening structures or objects, from the nearest point at which a solicitation is being conducted to whichever is applicable of the following: a. the nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the automated teller machine; b. the nearest entrance or exit of a building; H: /mjp /city council/ordinances /pedestrian interference/ 3 Ord Re Regulation of Solicitation (July 24 — 08) DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 I . the nearest part of an exterior public pay telephone; d. the nearest part of the structure of a self - service car wash; e. the nearest part of a self - service fuel pump; f. the nearest part of any sign or marking designating an area as a public transportation stop; or g. any door of a parked vehicle that is being used by an occupant of such vehicle to enter or exit such vehicle. D. Solicitation by Coercion. It is unlawful for a person to solicit by coercion. E. Penalties. A violation of SMC 10. 10.026 is a misdemeanor. Passed by the City Council 2008. Attest: City Clerk Mayor City Council President Approved as to form: Assistant City Attorney Date Effective Date H: /mjp /city council/ordinances/pedestrian interference/ 4 Ord Re Regulation of Solicitation (July 24 — 08) DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 ORDINANCE NO. C- An ordinance regarding solicitations to occupants of vehicles on public roadways; adding a new section to SMC Chapter 10.10 designated as section 10.10.028. The City of Spokane does ordain: Section 1. That there be added to SMC Chapter 10.10 a new section designated as 10.10.028 to read as follows: 10.10.027 Regulation of Solicitations to Occupants of Vehicles on Public Roadways. A. Purpose. The purpose of this section is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation and to provide for vehicular and pedestrian. traffic safety. B. Definitions. In this chapter: 1. "Goods" means real property, as well as tangible and intangible personal property. 1. "Public property" means: a. any property open or devoted to public use or owned by the City; and b. any area dedicated to the public use for sidewalk, street, highway, or other transportation purposes, including, but not limited to, any curb, median, parkway, shoulder, sidewalk, alley, drive, or public right -of -way. 3. "Roadway" has the meaning given that term in RCW 46.04.500, as currently adopted or as it may be amended in. the future. 4. "Services" means any work done for the benefit of another person. 5. "Solicit" and all derivative forms of "solicit" means to ask, beg, solicit, or plead, whether orally or in a written or printed manner, for H: /mjp /city council /ordinances /pedestrian interference/ 1 Ord Re Solicitation of Occupants of Vehicles DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 the purpose of immediately receiving contributions, alms, charity, or gifts of items of value for oneself or another person. 6. "Vehicle" has the meaning given that term in RCW 46.04.670, as currently adopted or as it may be amended in the future. C. Prohibited Conduct. 1. It is unlawful for any person, while occupying any public property adjacent to any public roadway in the City, to knowingly conduct a solicitation directed to, or intended to attract the attention of, the occupant of any vehicle stopped or traveling on the roadway, unless said vehicle is legally parked. An offense occurs when the solicitation is made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, or services takes place. 2. It is a defense to prosecution under Section 10. 10.028 that the person: a. was summoning aid or requesting assistance in an emergency situation; b. Was a law enforcement officer in the performance of official duties; or C. had previously obtained a charitable solicitation permit pursuant to Chapter 10.42 SMC. D. Penalties. A violation of SMC 10.10.028 is a misdemeanor. Passed by the City Council Attest: Council President Approved as to form: City Clerk Assistant City Attorney H:/mjp /city council /ordinances /pedestrian interference/ 2 Ord Re solicitation of Occupants of Vehicles DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 Mayor Date Effective Date H: /mjp /city council /ordinances /pedestrian interference/ 3 Ord Re Solicitation of occupants of Vehicles DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 ORDINANCE NO. C - An ordinance relating to street performers; amending SMC 10.40.010. The City of Spokane does ordain: Section 1. That SMC 10.40.010 is amended to read as follows: 10.40.010 Peddler Designation - When Required A regular or temporary business license issued under chapter 8.01 SMC must have a special designation as "peddler" under any of the following circumstances: A. Where the person is eligible for a temporary business license, and is engaged in the business of selling or delivering goods or services within the City from a fixed or temporary location as an itinerant vendor. 1. Examples are people selling food or wares from mobile carts on the sidewalk or roving vehicles in the streets. (Cross Reference: SMC 8.01.220) B. Where the person travels from door to door as the principle means of conducting business offering, exposing for sale, or selling within the City any goods, merchandise, service or product. C. Where the person engages in any business in the City with no permanent location. (Cross Reference: SMC 8.01.070) D Where the person engages in the activity of a street performer in the public right -of -way. For the purposes of this section a street performer shall mean an individual including street musicians, who performs any form of artistic expression with the intent to attract an audience for the purpose of actively seeking donations. Individuals who engzage in constitutionally protected expressive activities in the public right- of -way and do not attempt to attract an audience for the purpose of actively seeking donations shall not be required to obtain a business license under this section. Such individuals must still comply with all other regulations regarding conduct in the public right -of -way. H: /mip /city council /ordinances/pedestrian interference Ord Re Street Performers DRAFT - FOR DISCUSSION PURPOSES ONLY 7/24/2008 PASSED BY THE CITY COUNCIL ON Council President Attest: Approved as to form: City Clerk I Assistant City Attorney Mayor H: /mjp /city counciUordinances /pedestrian interference 2 Ord Re Street Performers Date Effective Date If: