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4324 Aggressive Panhandling11Page AGGRESSIVE PANHANDLING ORDINANCE NO. 2014-4324 An Ordinance of the City of Sanford, Florida relating to aggressive panhandling and related conduct; providing for the amendment of Sections 54 -115 through 54 -119 of the City Code of the City of Sanford, providing for legislative findings and intent; providing for definitions; providing for prohibited and unlawful acts; providing for conspicuous notice; providing for implementing administrative actions and an ongoing study; providing for conflicts; providing for a savings provision; providing for codification; providing for severability and providing for an effective date. Whereas, the City of Sanford recognizes that panhandling and begging are activities that are protected by the First Amendment to the United States Constitution; and Whereas, the City of Sanford may adopt and enforce regulations of behavior that implicate First Amendment activity when the regulations affect the time, place, and manner of expression, are content - neutral, are narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels of communication; and Whereas, the City of Sanford has a significant interest in providing a safe and pleasant environment and in eliminating nuisance activity, Smith v. City of Fort Lauderdale, Florida, 177 F. 3d 954, 956 (11th Cir. 1999); and Whereas, the City of Sanford has a significant interest in preserving the health safety and welfare of the citizens of the City of Sanford; and Whereas, the City of Sanford has a significant interest in preserving the safety of traffic flow and preventing traffic congestion wherever possible in the City of Sanford; and Whereas, the City of Sanford has a significant interest in the safety of pedestrians and individuals traveling in vehicles throughout the City of Sanford; and Whereas, the City of Sanford has a significant interest in promoting, tourism, aesthetics of the City historic downtown areas; and Whereas, the City of Sanford has a significant interest in promoting the safety and convenience with its citizens on public streets, Madsen v. Women's Health Center, 512 U.S. 753, 768,114 S. Ct. 2516, 129 L. Ed. 2d 593 (1994); and Underlined text is added language to City Code and stFi�'=9UgT text is deleted language to City Code. When all new text is presented, no underlining is shown. 2 1 P a g e Whereas, the City of Sanford has a significant interest in ensuring the public safety and order and in promoting the free flow of traffic on public streets and sidewalks; and Whereas, the City of Sanford has a significant interest in the safety and convenience of citizens using public fora such as streets and sidewalks, Hefiron v. International Society for Krishna Consciousness, 452 U.S. 640, 650, 101 S. Ct. 2559, 69 L.Ed. 2d 298 (1981); and Whereas, the City of Sanford has a significant interest in recognizing the safety and convenience on public roads, Cox v. New Hampshire, 312 U.S. 569, 574, 61 S. Ct. 762, 85 L.Ed. 1049 (1941); and Whereas, panhandling, as defined in this Ordinance, can result in persons unlawfully driving a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic in violation of Section 316.183(5), Florida Statutes; and Whereas, the City of Sanford has a significant interest in controlling traffic and pedestrian congestion, Ayres v. City of Chicago, 125 F. 3d 1010, 1015 (7t Cir. 1997); and Whereas, the City of Sanford has a significant interest in preventing crime, protecting the City's retail trade, maintaining property values, and generally protecting and preserving the quality of the City's neighborhoods, commercial districts and the quality of urban life, Young v. American Mini Theaters, 427 U.S. 50, 96 S. Ct. 440, 49 L.Ed. 2d 310 (1976); and Whereas, the City of Sanford has a significant interest in traffic safety, appearance of the City and aesthetics, Metromedia Inc. v. City of San Diego, 453 U.S. 490, 101 S. Ct. 2883 (1981); and Whereas, the City Commission of the City of Sanford finds that panhandlers and beggars sometimes use profane language when requesting money from people; that panhandlers and beggars sometimes physically touch or threaten to touch the people they solicit for money; that panhandlers and beggars sometimes block the path of people they solicit for money, or follow the people they solicit for money in an apparent effort to intimidate people into making a donation or as retribution for refusing to make a donation, and that panhandlers and beggars sometimes walk onto roadways and obstruct traffic and thereby endanger themselves and others while soliciting and accepting donations from occupants of motor vehicles in the roadway; and Whereas, the City Commission of the City of Sanford finds that the foregoing activities constitute "aggressive' panhandling or begging," and that the increase in aggressive panhandling or begging throughout the City of Sanford has become Underlined text is added language to City Code and StFikethFOUgh text is deleted language to City Code. When all new text is presented, no underlining is shown. 31Page extremely disturbing and disruptive to residents, visitors, and businesses, and has contributed to an enhanced sense of fear, intimidation and disorder resulting in the loss of access to and enjoyment of public places throughout the City; and Whereas, the City Commission of the City of Sanford finds that limited bans on panhandling and begging based on the time, place, or manner of the panhandling or begging is a content neutral and narrowly tailored way to promote public safety, and protect residents and visitors in areas where they may be or perceive themselves to be vulnerable and /or unable to leave; and Whereas, the City Commission of the City of Sanford finds that limited bans on panhandling and begging in limited public places where people feel particularly vulnerable and /or unable to leave still provides ample alternative avenues of communication and are narrowly drawn to address the City's substantial interests; and Whereas, the City Commission of the City of Sanford has determined that the following regulations promote and protect the general health, safety and welfare of the residents of the City of Sanford; and Whereas, this Ordinance is adopted pursuant to the City's home rule powers as set forth in Article VIII, Section 2, Constitution of the State of Florida, Section 166.021, Florida Statutes, and other controlling law; and Whereas, Article VIII, Section 2, Constitution of the State of Florida, authorizes the City of Sanford to exercise any power for municipal purposes except as otherwise provided by law; and Whereas, the City Commission of City of Sanford finds that this Ordinance is in the best interest of its citizens; and Whereas, the City Commission of the City of. Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating this Ordinance as legislative findings; and Whereas, the City of Sanford has, in the development, drafting and consideration of this Ordinance, has considered the requirements of constitutional law, the effect on the homeless in society and the concerns and experiences of the general public and the citizens of the City; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Now, therefore, be it enacted by the People of the City of Sanford, Florida: Underlined text is added language to City Code and stFikethFeugh text is deleted language to City Code. When all new text is presented, no underlining is shown. 41Page Section 1. Legislative findings and intenfilamending Section 54 -115, City Code. Section 54 -115 of the City Code of the City of Sanford is amended to read as follows: 54 -115. Legislative findings /intent. (a) The City Commission hereby finds that any person who tes, panhandles; sew or otherwise demands money, gifts or donations under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity by unwanted touching, detaining, impeding or intimidation which causes fear or apprehension in another person constitutes a threat to the public health, welfare and safety of the citizenry. The City Commission further finds that any person who intentionally blocks the passage of another person or a vehicle which requires another person to take evasive action to avoid physical contact constitutes a threat to the public health, welfare and safety of the citizenry. (b) The City Commission finds that any person who panhandles, saliGits, or demands FnGRey, gifts or dona under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in public rooms or private buildings and on private developed properties by unwanted touching, detaining, impeding or intimidation which causes fear or apprehension in another person and engages in acts which constitutes a threat to the public health, welfare and safety of the citizenry. (c) The City Commission finds that panhandling, GelasttiRg or demanding money, gifts or donations may interfere with the safe ingress and egress of human and vehicular traffic into public buildings, public areas and public transportation areas thereby constituting a threat to the public health, welfare and safety of the citizenry. In order to allow for the safe ingress and egress of human and vehicular traffic into public buildings, public areas and public transportation areas, the City Manager is authorized to prohibit panhandling, setig or the demand of money, gifts or donations within public -buildings or designated areas of that public building or public transportation areas upon the request of the owners, lessees, managing or authorizing agents of the public building or areas in accordance with the provisions of this section. (d) Aggressive panhandling is disturbing and disruptive to residents and businesses and contributes to the loss of access to and enjoyment of public places and to a sense of fear, intimidation and disorder. (e) The presence of individuals who solicit money from persons in places that are confined difficult to avoid or where a person might find it necessary to wait, is especially troublesome because of the enhanced fear of crime. (f) This Ordinance is intended to protect citizens from the disruption, fear and intimidation accompanying certain kinds of solicitation, and not to limit constitutionally protected activity. (g) This Article shall be applied in harmony with the provisions of Sections 94 -55 through 94 -83 of the City Code relating to solicitations occurring along rights -of -way and associated licensing and Sections 94 -105 through 94 -115 of the City Code relating to the licensing of solicitors, peddlers and hawkers. Underlined text is added language to City Code and StFikethMUgh text is deleted language to City Code. When all new text is presented, no underlining is shown. 5 1 P a g, e Section 2. Definitionslamending Section 64-116, City Code. Section 54-116 of the City Code of the City of Sanford is amended to read as follows: 64-116. Definitions. Except where the content otherwise specifically requires, as used in this article, the following definitions shall apply: (a) Aggggreess44* beg means to beg, GGliGit, GF demand FnGRey, gifts eF denatioRs by aR det )ding OF iRtimidation. Aggressive means and includes, but is not limited to approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, the intentional blocking of pedestrian and vehicular traffic, the touching or causing physical contact with a solicited person without that person's consent or threatening to make such contact, the intentional blocking of the entrance to any building or vehicle, the following behind, ahead or alongside a person who walks away from a solicitor after being solicited with the intent to intimidate or continue solicitation, the approaching of a solicited person in a manner that is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession or is intended to or is likely to intimidate a reasonable person into responding affirmatively to the solicitation; or the soliciting of a person while the solicitor is under the influence of alcohol or drugs in a manner which disrupts the peace. Aggressive includes, but is not limited to, by acting in a manner while committing an assault, by committing a battery, or in a manner which violates the provisions of this Ordinance. (b) Beg rneaRG to ask foF meney, gifts or donations, eitheF by werds, bedily ges SigRG OF GtheF FneaRS. (G) Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, or place an object in such a manner as to block passage of another person or a vehicle, or to require another person or driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a lawfully issued permit pursuant to this Code are not included within this definition. (c) (4- Panhandle means to ask for, demand or solicit money, gifts or donations, either by words, bodily gestures, signs or other means. The terms panhandle, solicit and be are synonymous in meanin_q. Panhandling is any solicitation made in person, requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its normal market value, under circumstances where a reasonable person would understand that the purchase is in substance, a donation, is a donation for the purpose of this Ordinance. Panhandling does not include passively standing or sifting with a sign or other indication that one is seeking donations at a location not prohibited by this Ordinance and not in a manner prohibited by this Ordinance. (d) {--} Private building shall be deemed to include, but is not limited to, retail or service Underlined text is added language to City Code and stFikethFOUgh text is deleted language to City Code. When all new text is presented, no underlining is shown. 61 Page establishments, such as restaurants, convenience food stores, Laundromats, service stations, hotels, offices and similar establishments open to the public. This term-does not include any building owned, leased or operated by the federal or state government, political subdivisions thereof, municipalities, special districts, any public administration board or authority of the state. (e) (f) Private developed property shall include, but not be limited to, a parking lot, driveway, walkway and landscaped areas. (�f (g) Public building means any building or facility owned, leased or operated by or on behalf of the federal or state government or any political subdivision thereof, any municipality, or special district or any public administrative board or authority of the federal or state government. (h) Public entertainment venue means a place that is open to the public (whether or not upon payment of a fee for admission and whether or not the management reserves the right to exclude individual members of the public) for entertainment. The term includes, but is not limited to, cinemas parks theatres concert halls, electronic games centers, indoor sports centers art galleries, museums and premises upon which any display or exhibition promoted as such is conducted. Q N 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, but not limited to, public entertainment venues those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. fR @ Public room shall be deemed to include a basement, building entrance or doorway, lobby, hallway, stairway, mezzanine, elevator, foyer, public restroom or sitting room or any other place used in common by the public, tenants, occupants or guests situated in any private building. (k) @ Public transportation area means a building, facility or area designated for mass transit transportation, such as, but not limited to, bus terminals, bus stops and taxi stands. (1) Solicit means any plea made in person where: a A person by vocal appeal requests an immediate donation of money or other item from another person; or b A person verbally offers or actively provides an item or service of little or no value to another in exchange for a donation under circumstances where a reasonable person would understand that the transaction is in substance a donation. Section 3.. Prohibited and unlawful acts /amending Section 54 -117, City Code. Section 54 -117 of the City Code of the City of Sanford is . amended to read as follows: 54 -117. Prohibited and unlawful acts. (a) It is prohibited and unlawful for a person to interfere with pedestrians if he or she obstructs pedestrian or vehicular traffic or aggressively panhandle begs on a road or street as defined in F.S. § 334.02, or its successor provisions which terms include but are not limited to sidewalks and crosswalks. Underlined text is added language to City Code and °+"ikethFGUgh text is deleted language to City Code. When all new text is presented, no underlining is shown. 71Paae (b) It is prohibited and unlawful for a person to panhandle in any public room in any private building or on private developed property, without the wFitten permission or consent of the building's owner or managing and authorizing agent. For the purpose of enforcement of this subsection, it is rebuttably presumed Presented that if the owner, lessee, managing agent or other person in charge of a building prominently displays a sign as provided in section 54 -118, then the activities declared unlawful in this subsection are deemed to be without the permission or consent of the building's owner, lessee, managing agent or other authorized person. (c) When a public building or area of a public building or public transportation area has been designated and posted in accordance with section 54 -119, it is prohibited and unlawful for any person to panhandle within the public building, or area of the public building or public transportation area. (d) It is prohibited and unlawful for any person to obstruct, impede or interfere with the movement of haFa-ss pedestrians or vehicles for the purpose of panhandling within a the public building, the parcel of land on which a eF area of +ho public building is located, or a public transportation area. (e) It is prohibited and unlawful for any person to panhandler when the person solicited is located on private property, unless the panhandler has permission from the owner or occupant of the private property, _ (f) It is prohibited and unlawful for any person to panhandle in any public place within the city which public places include, by way of example only and not by way of limitation, the following places: (1) At any bus or train stop; (2) In any public transportation vehicle or facility, including, but not limited to, airports; (3) In any vehicle on a street unless a permit has been issued to do so'; (4) In a public park, fairground, or sporting facility, including, but not limited to, entryways or exits thereto; (5) Within a circumference of twenty -five (25) 4-5 feet of the site of any automated teller machine (ATM), a vending machine or any other machine dispensing cash or within a painted "privacy zone" painted on the ground around an ATM whichever distance is less all of which shall be subject to the permitting requirements of the City if such painted zone encompasses area within a road or right- of -waV2; (6) In a parking lot or garage owned or operated by the City, including, but not limited ' See, Article III of Chapter 94 of the City Code relating to streets, sidewalks and other public places and the solicitation along rights -of -way. 2 Those terms are defined as follows in Section 334.03, Florida Statutes: (21) "Right -of -way" means land in which the state, the department, a county, or a municipality owns the fee or has an easement devoted to or required for use as a transportation facility. (22) "Road" means a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right - of -way, and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith. Underlined text is added language to City Code and stFikethmugh text is deleted language to City Code. When all new text is presented, no underlining is shown. 81 Page to, entryways or exits and pay stations connected therewith.- (7) Within 1,000 feet of •• bus stop when children are • (q f) It is prohibited and unlawful for any person to panhandle in any of the followin manners each of which shall rebuttabIV be deemed to be aggressive: (1) By blocking the path of the person solicited; By using obscene, profane or abusive • . ! - either during solicitation • li inm following . (3) By panhandling in a group of two or more persons which would encircle the erso, begin • - • and deter their ' ' movement; or (4) By any statement, gesture, or other communication which a reasonable person i the situation of the person solicited would perceive to be a threat. ri M. M-TA - - - Him T_1 ga . . .. Section 4. Conspicuous noticelamending Section 54 -118, City Code. Section 54 -118 of the City Code of the City of Sanford is amended to read as follows: 54 -118. Conspicuous notice. Each owner, lessee, managing agent or person in charge of the operation of a private building or private developed area may shad prominently display a sign on the premises, such as the lobby or entrance of the private building or private developed property, where it may be read by any person going in or out of the building or private developed property stating generally: "NO PANHANDLING OF ANY TYPE PERMITTED —SUCH CONDUCT IS PROHIBITED BY SANFORD CITY CODE." The disolav of such sianaae shall be conclusive proof that the said person in charge has not granted permission to panhandle on the posted property. Section 5. Designation of building or transportation area /amending 3 See Section 790.115, Florida Statutes, relative to the possession or discharging of weapons or firearms at a school- sponsored event or on school property. Underlined text is added language to City Code and °+•iktn text is deleted language to City Code. When all new text is presented, no underlining is shown. 9 1 P a g e Section 54 -119, City Code. Section 54 -119 of the City Code of the City of Sanford is amended to read as follows: 54 -119. Designation of building or transportation area. (a) The City Manager is authorized to designate a public building or area of a public building or public transportation area based upon the following criteria: (1) The purpose and characteristic of the building, facility or area; (2) The level of human and vehicular traffic in and around the building, facility or area; (3) The function of the building, facility or area; (4) Proximity of the building, facility or area to other buildings, transportation facilities, parking areas and sidewalks; (5) The necessity to alleviate obstructions and hazards to pedestrians and /or vehicular traffic to protect public health and safety; and (6) The reasonable desires and needs of the owners and occupants of the area and immediate surroundings takinq into account the normal and anticipated use of the building, facility or area. (b) Upon determining that a public health or area of the public building or public transportation area warrants the designation to prohibit panhandling, seliGiting -eFthe , the City Manager shall issue an order which specifically identifies the building or area or public transportation area. The order shall be conspicuously posted at the designated building or area. If no appeal is filed, the order shall become final 20 days after the date of entry of the order. (c) The City Manager's order may be appealed by any aggrieved person to the City Commission within 20 days from the date of entry of the order upon payment of a fee established by the City Commission. (d) If an appeal is filed, the hearing shall be conducted to determine whether substantial competent evidence existed for the City Manager to prohibit panhandling; in a public building or area of a public building or public transportation area based upon the criteria set forth in subsection (a). The City Commission's decision may be appealed to a court of competent jurisdiction by a petition for a writ of certiorari within 30 days after the rendition of the hearing - effi cerr's decision regarding the designation. (e) When the order becomes final, the City Manager shall cause the designation to be recorded upon an appropriate map and retained in the city police department. (f) Each public building, area of the public building or public transportation area designated by the City Manager in accordance with this section shall prominently display a sign on the premises, such as a lobby or entrance to a building or area, where it may be read by any person going in or out of the building or area stating generally: "NO PANHANDLING OF ANY TYPE PERMITTED -- PROHIBITED BY SANFORD CITY CODE." Section 6. Implementing Administrative Actions. (a). The City Manager, or designee, is hereby authorized and directed to implement the provisions of this Ordinance and to take any and all necessary Underlined text is added language to City Code and st-rikethFOUgh text is deleted language to City Code. When all new text is presented, no underlining is shown. 101 Pale administrative actions including, but not limited to, the adoption of administrative rules which rules shall include, as set forth in this Ordinance, proposed areas within which permitted activities may occur. (b). The City Manager and Chief of Police shall collaborate from time -to -time, with the advice and counsel of the City Attorney, to evaluate whether statistical evidence would support the imposition of certain areas of the City wherein panhandling should be considered to be totally proscribed. (c). On an annual basis, on or before December 31 of each year, the City Manager, in conjunction with the Chief of Police and the City Attorney, shall report to the City Commission the effectiveness of the provisions set forth in this Ordinance and recommend to the City Commission such additional actions as may be deemed appropriate based upon the experiences of the City. Section 7. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 8. Savings. The prior actions of the City of Sanford relative to the enforcement of the amended sections of the City Code of the City of Sanford, as set forth in this Ordinance, panhandling in general, and all associated and related matters, are hereby ratified and affirmed. Section 9. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 10. Codification. The provisions of this Ordinance shall become and be made a part of the City Code of the City of Sanford and the Sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word "Ordinance ", or similar words, may be changed to "Section," "Article ", or other appropriate -word; provided, however, that Sections 7, 8, 9, 10 and 11 shall not be codified. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. Underlined text is added language to City Code and stFikethFeugh text is deleted language to City Code. When all new text is presented, no underlining is shown. 111Page Section 11. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 8th day of September, 2014. City Commission of the City of Sanford, Florida Seminole Countv, Florida Jeff Triplett, Attest. L44t;t:� qq�� Cynfnia Porter, City Clerk Approved as to form and Legality: William I Colbert, Esquire City Attorney Underlined text is added language to City Code and stFikethFeugh text is deleted language to City Code. When all new text is presented, no underlining is shown.