Exh 7BAGENDA ITEM #7B
MAY 12, 2003
AGENDA ITEM:
DATE:
SUBMITTED BY
BACKGROUND:
STAFF REPORT
City of Atlantic Beach
Commission Meeting
Aggressive Solicitation Ordinance
May 5, 2003
David E. Thompson, Chief of Police/DPS
In March 2003, the police department submitted a staff report relative to the City
Commission recommending the adoption of an ordinance to prohibit aggressive
solicitation. The City Commission directed the police department to pursue appropriate
language, through the City Attorney, to prohibit this conduct. With the assistance of the
City Attorney, the attached ordinance is submitted for the City Commission's action.
The purpose of the proposed ordinance is to prohibit aggressive behavior on the part of
people who are "panhandling." When panhandlers engage in aggressive and threatening
conduct, they may create a sense of fear in law abiding citizens. Citizens may feel
compelled to give them money for safety reasons.
The purpose of the proposed language is to assure that panhandlers avoid behaviors that
may frighten or intimidate citizens into giving them money.
BUDGET: None
RECOMMENDATIONS: To review and adopt the attached ordinance proposal relative
to aggressive solicitation.
ATTACHMENTS:
REVIEWED BY CITY
Staff Report Dated February 28, 2003
Proposed Ordinance
ITEM NUMBER:
AGENDA ITEM #7B
MAY 12, 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, Chief 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
paraphernalia, 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 are 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,
harasses, threatens, or creates fear 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 #7B
MAY 12, 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:
AGENDA ITEM NUMBER:
AGENDA ITEM #7B
MAY 12, 2003
ORDINANCE NO. 95-03-84
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CIIAP'TER 13 OF THE CODE OF ORDINANCES,
OFFENSES, BY ADDING A NEW SECTION PROHIBITING AGGRESSIVE
SOLICITATION, AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMIYHSSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Code of Ordinances of the Ciry of Atlantic Beach, Florida, is hereby
amended by adding a new section to be numbered Section 13-12, which section shall read as
follows:
"Sec. 13-12. Aggressive solicitation probibited
(a) Definitions.
(1) Aggressive manner means and includes:
(i) Intentionally or recklessly making any physical contact with or
touching another person in the course of the solicitation without the person's
consent;
(ii) Following the person being solicited, if that conduct is:(1)
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 (2) is
intended to or is reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation;
(iii) Continuing to solicit with five (S) feet of the person being
solicited after the person has made a negative response, if continuing the solicitation
is: (1) 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 (2) is intended to or is reasonably likely to intimidate the person being solicited
into responding affirmatively to the solicitation;
(iv) 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;
(v) Intentionally or recklessly using obscene or abusive language
or gestures: (1) 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 (2) words intended to or reasonably likely to intimidate the person
being solicited into responding affirmatively to the solicitation; or
AGENDA ITEM #7B
MAY 12, 2003
(vi) Approaching the person being solicited in a manner that: (1)
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 (2)
is intended to or is reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation.
(2) 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.
(3) 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.
(4) Bank means any banking corporation as defined in Section 674.105,
Florida Statutes.
(5) 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.
(6) Pccblic 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.
(7) 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.
(b) 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 station or stop;
(3) Within fifteen (15) feet of any entrance or exit of any bank or check
cashing business or with 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
AGENDA ITEM #7B
MAY 12, 2003
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 posed 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,
however, that this paragraph shall not apply to services rendered in
connection with emergency repairs requested by the operator or
passengers of such vehicle.
(c) Penalties: Any person violating a provision of this section shall be
guilty of an offense and shall upon conviction and adjudication of guilt be punished
as follows:
(1) For a first offense, by a fine of not more than twenty-five ($25.00)
or by imprisonment of not more than (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."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of ,
2003.
PASSED by the City Commission on second and final reading this day of
2003.
AGENDA ITEM #7B
MAY 12, 2003
ATTEST:
MAUREEN KING
City Clerk
Approved as to form and correctness:
,'
~~ ANC SEN, ESQUIRE
City At ey
JOHNS. MESERVE
Mayor, .Presiding Officer