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Exh 8CAGENDA ITEM #8C MARCII 10, 2003 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Proposed Addition to Chapter 13 DATE: February 28, 2003 ~~~~ ~~ SUBMITTED BY: David E. Thompson~hief of Police/DPS BACKGROUND: One of the strategic items identified by the City Commission was the review and update of the city code. To that end, the Police Department has reviewed Chapter 13 of the City Code entitled OFFENSES. This chapter is comprised of a number of ordinances dealing with a variety of subjects including loitering, discharging firearms and air guns, drug pazaphernalia, obscene materials, the exposure of private parts in establishments serving alcoholic beverages, replica firearms, removing recyclable materials, flea markets, and the juvenile curfew. For the most part, there is no reason to alter these ordinances. None of the ordinances have been challenged on constitutional grounds, and there does not appear to be any - specific opposition to any of them. These ordinances aze important to the Police Department because they provide a foundation on which enforcement decisions can be based. There are some questions relative to the juvenile curfew, but the courts have not made a decision that requires any change to the Atlantic Beach ordinance at this time. The City Attorney has been tracking this issue as it proceeds through the court system An addition to this section of the code is being recommended by the Police Department. The existing code has no law that prohibits "aggressive solicitation," and the Police Department supports the addition of language to prohibit this conduct. The Police Department has no desire or intention to limit the constitutionally protected, free speech of individuals in public places. However, when an individual intimidates, hazasses, threatens, or creates feaz in other citizens, then the behavior is unacceptable. This is applicable to solicitation, in that some individuals solicit money from citizens through the use of tactics that are aggressive and intimidating. The Police Department recommends the adoption of a city ordinance prohibiting "aggressive solicitation." The attached paperwork provides definitions and guidelines for addressing this problem. BUDGET: None AGENDA ITEM #8C MARCH 10, 2003 RECOMMENDATIONS: We recommend that the City Commission review and comment on the attached recommendations relative to "aggressive solicitation," and direct the City Attorney to put the language in acceptable form for adoption into Chapter 13 of the City Code. ATTACHMENTS: REVIEWED BY CITY MANAGER: A NDA ITEM NUMBER: AGENDA ITEM #8C MARCH 10, 2003 Sec. Number to be est by City Attorney Definitions. [For the purposes of this article, certain terms shall have the meanings ascribed to them in this section, unless. the context clearly indicates otherwise.] Aggressive manner means and includes: (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 within five (5) feet of the 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 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 (u) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation. 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. AGENDA ITEM #8C MARCH 10, 2003 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. Bank means any banking corporation as defined in Section 674.105, Florida Statutes. Check cashing business means any person duly licensed by the superintendent of banks to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of the banking laws. Public area means an area to which the public or a substantial group of persons has access, and includes, 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 dwelling, and the grounds enclosing them. 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. Sec. Number to be est by City Attorney 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: (1) In an aggressive manner in a public area; (2) In any public transportation vehicle, or bus or station or stop; (3) Within fifteen (15) feet of any entrance or exit of any bank or check cashing business 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 machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; (4) 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 (5) 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, AGENDA ITEM #8C MARCH 10, 2003 however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle. Sec. Number to be est by City Attorney Penalties. Any person violating a provision of this section shall be guilty of an offense and shall upon conviction and adjudication of guilt be puiushed as follows: (1) For a first offense, by a fine ofnot more than twenty-five dollars ($25.00) or by imprisonment of not more than ten (10) days or by community service of not less than fifty (50) hours; and (2) For a second and subsequent offense, by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not less than fifteen (15) days nor more than ninety (90) days or by community service of not less than five hundred (500) hours.