Loading...
0494 Aggressive Solicitation 1998CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 494 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, CREATING CHAPTER 9.34, AGGRESSIVE SOLICITATION; AN ORDINANCE TO ESTABLISH A PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION, INCLUDING DEFINITIONS, SPECIFIC PROHIBITIONS, PENALTIES, CONSTRUCTION AND SEVERABILITY; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. The following Chapter 9.34 is added to the Chubbuck Municipal Code: Section 9.34.010 Definitions 9.34.020 Prohibited Acts 9.34.030 Penalties 9.34.040 Construction and Severability Such addition is made because of the following: A. The Council finds that aggressive solicitation throughout the City has become or may become extremely disturbing and disruptive to residents and businesses, and has contributed or may contribute not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder. B. Aggressive solicitation usually includes approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The Council further finds that the presence of individuals who solicit money from persons at or near banks, automated teller machines, or in public transportation vehicles is especially troublesome because of the enhanced fear of crime in those confined environments. Motorists may also find themselves confronted by persons seeking money who, without permission, wash their automobile windows at traffic intersections, despite explicit indications by drivers not to do so. Such activity carries with it an implicit threat to both persons and property. C. The Council is enacting this Ordinance pursuant to its police power and statutory authority as set forth in Title 50, Idaho Code. This law is timely and appropriate Ordinance - Page 1 dsc chbbck07.221 because current laws and City regulations are insufficient to address the aforementioned problems. D. The law is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity. Rather, its goal is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome and overwhelming presence in the City. Section 9.34.010. Definitions. For purposes of this Ordinance: A. Solicit means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication. B. Aggressive manner means and includes.- 1. ncludes: 1. Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent; 2. Following the person being solicited, if that conduct is: (i) 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 (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; 3. Continuing to solicit withing five (5) feet of a person being solicited after the person has made a negative response, if continuing the solicitation is: (i) 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 (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation, 4. Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one's constitutional right to picket or legally protest shall not constitute obstruction of pedestrian or vehicular traffic; 5. Intentionally or recklessly using obscene or abusive language or gestures: (i) intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's Ordinance - Page 2 dsc chbbck07.221 possession; or (ii) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation; or 6. Approaching the person being solicited in a manner that: (i) 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 (ii) words intended to or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; C. 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. D. Automated teller machine facility means the area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours. E. Batik means any banking corporation chartered as a bank, savings and loan, or credit union under Idaho law or the laws of the United States of America. F. Check cashing business means any person duly licensed by the superintendent of banks or the Department of Finance to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of the banking laws. G. Public area means an area to which the public or a substantial group of persons has access, and including, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them. Section 9.34.020. Prohibited Acts. It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services: A. In an aggressive manner in a public area; B. In any public transportation vehicle, or bus or subway or stop; C. Within fifteen (15) feet of any entrance or exit of any bank or check cashing businesses or within fifteen (15) feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business without the consent of the owner or other person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller Ordinance - Page 3 dsc chbbck07.221 machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; D. On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or E. From any operator of a motor vehicle that is in traffic on a public street, whether in exchange for cleaning the vehicle's windows, or for blocking, occupying, or reserving a public parking space, or directing the occupant to a public parking space; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle. Section 9.34.030. Penalties. A. A violation of this Chapter may be punished by a fine not to exceed one hundred dollars ($100) or by imprisonment for a term not to exceed thirty (30) days, or by both. If the person has been convicted of a violation of this Section within the previous period of one (1) year, the person shall be fined nor more than two hundred and fifty dollars ($250) or imprisoned for not more than ninety (90) days, or both. B. In lieu of, or in addition to the penalty provided in this Section, a person in violation of this Chapter may be required to perform community service work as described by the court. C. Any arrest or conviction under this Chapter shall be disclosed to government social service agencies who request that the applicable public official be notified of such events. Section 9.34.040. Construction and Severability. A. Severability is intended throughout and within the provisions of the Chapter. If any section, sentence, clause, or phrase of this Chapter is held invalid or unconstitutional by a court of competent jurisdiction, then such judgment shall in no way affect or impair the validity of the remaining portions of this Chapter. B. This Chapter is not intended to prescribe any demand for payment for services rendered or goods delivered. C. This Chapter is not intended to create a result through enforcement that is absurd, impossible or unreasonable. The Chapter should be held inapplicable in any such cases where its application would be unconstitutional under the Constitution of the State of Idaho or the Constitution of the United States of America. Ordinance - Page 4 dsc chbbck07.221 ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 13TH• day of OCTOBER , 1998. Gp- AYORR ATTEST: CITY CLERK Ordinance - Page 5 dsc chbbck07.221 i 0 SUMMARY OF ORDINANCE NO. 494 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, adding Chapter 9.34, "Aggressive Solicitation" to the Chubbuck Municipal Code; providing for definitions including a definition of "solicit" and of "aggressive manner"; prohibiting solicitation in an aggressive manner in a public area, in any public transportation vehicle, within fifteen fees of any bank or automated teller machine, on private property or from the operator of a motor vehicle in traffic; proving for penalties; providing for the repeal of conflicting ordinances; providing that this chapter is not applicable to any constitutionally protected behavior under the constitution of the state of Idaho or the United States of American; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202 I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 494 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 2, Oday of October, 1998. SUMMARY OF ORDINANCE NO.494 - Page 1 chubbuck10.20b Thomas J. Holmes, City Attorney