2. Panhandling OrdinanceCITY OF
City of Kalispell
� OFFICE OF THE CITY MANAGER
MONTANA
To: Mayor Fisher and Kalispell City Council
FROM: DougRussell, City Manager
Y g
MEETING DATE: June 10, 2013
SUBJECT: Discussion on panhandling regulation
Council has been recently approached with complaints related to panhandling within the
municipal limits. At a previous meeting, we reported that we could provide a sample ordinance
that contains provisions that we feel would withstand legal challenge. This sample ordinance has
been provided as a means for general discussion on the topic. Should the governing body desire,
after discussing the issue at the work session, we can submit a formal recommendation at a
future meeting.
The recommended action for this work session is to review the circumstances, the sample
ordinance, and provide direction for staff as to the development of a recommended ordinance.
www.kalispell.com
Exhibit "A"
III MI.
I
M7 - 7--
19-19 Certain Acts of Panhandling Prohibited
(A) Definitions: Panhandling
"Panhandling," for the purpose of this chapter, is any sohcion made in persb ec pe4ing an
immediate donation of monev. Purchase of an item for an' "''''"'aunt far exceedinL its value. under
vel
itting with a sign of
person.
misdemeanor.
1) At any bus stogy
2) In any public transpb' i4onyehicle; Ark
�_ T e
3) In any vehicle on the stre�� E C
4) Wrthi twenty feet o iaa."I street i Cersection;
,.
5) Wild n twenty feet in ny direction of an automated teller machine;
6) On�private property, unless„the panhandler has permission from the owner or occupant.
(D) Manrier of Panhandling. Any person who panhandles in any of the following manners is
guilty of a misdemeanof.
1) By coming within three feet of the person solicited, until that person has indicated that he
does wish to make a donation;
2) By blocking the path of the person solicited along a sidewalk or street;
3) By following a person who walks away from the panhandler;
4) By using profane or abusive language, either during the solicitation or following a refusal;
5) By panhandling in a group of two or more persons; or
6) By any statement, gesture, or other communication which a reasonable person in the situation
of the person solicited would Perceive to be a threat.
(E) False or Misleading Solicitation.
Any person who knowingly makes any false or misleading representation in the course of
soliciting a donation is guilty of a misdemeanor. False or misleading representations include, but
are not limited to, the following:
1) Stating that the donation is needed to meet a specific need, when the solicitor already has
sufficient funds to meet that need and does not disclose that fact;
2) Stating that the donation is needed to meet a need which does not exist;
3) Stating that the solicitor is from out of town and stranded, when that is nol true,
4) Wearing a military uniform or other indication of military service, when the'°solicitor is
neither a present nor former member of the service indicated;
5) Wearing or displaying an indication of physical disability, wheni the solicitordoes not suf
the disability indicated;
6) Use of any makeup or device to simulate any deform
7) Stating that the solicitor is homeless, when he is not.
(F) Permit Required.
1)
2)
at all times while panh;
whose hermit has been
himself at the central
3) A person is ineligible for a
subdivisions (D
under the law of
4)
is
t
issued a
anv eligible
and
shall keep it on his
)on request. No
/o years following
isdemeanor.
person who present
identification or
ition, and permits
he (1) has been
revoked pursuant to
i (3) has been convicted of two or more offenses
involve aLygressive or intimidating behavior while
rmine eligibility within 24 hours of the
for 30 days and determine eligibility fc
ve the abulicant a
copy of this chapte,''
5) Any person who fakes any false or misleading representation while applying for a permit
under this section is guilty of a misdemeanor. Upon conviction of violation of this
subdivision, the police department shall revoke any permit issued to the defendant under this
section.
6) If a permit is issued to a person under this section and that person subsequently commits and
is convicted of a violation of any provision of this chapter, the police department shall revoke
the permit.
(G) Penalty. Any person convicted of the violation of any of the provisions of this section shall
be punished as provided in Section 1-9 of this Code.
Theresa White
From: Kim Vierra [kim—vierra@yahoo.com]
Sent: Monday, May 27, 2013 5:23 PM
To: Theresa White
Subject: Panhandling problem
Dear City of Kalispell,
I am appalled at the number of pan handlers all over the city of Kalispell.They seem to be on EVERY comer, in
front of every large box store, and everywhere in between.1 HAVE SEEN MORE THAN ONE LEAVE, IN A
NICER, NEWER VEHICLE THAN I DRIVE.They block sidewalks, and intimidate people. What kind of a first
impression does this give to tourists, not to mention an eyesore for us residents.1 have called the police voicing
my concern, and they basically tell me that their hands are tied, and they cannot do anything.
I am hoping you will develop a pan handling ordinance, to take care of this problem.
Thank you
Sincerely,
Kim Vierra
Kalispell Montana
Sent from Yahoo! Mail on Android
KALI SPELL REGIONAL
HEALTHCARE 310 Sunnyview Lane, Kalispell, MT 59901 1 752-5111 1 www.NWHC.org
Kalispell Police Chief Roger Nasset
PO Box 1997
Kalispell, MT 59903
June 3, 2013
Chief Nasset,
I am writing in support of the new ordinance under consideration by the City of Kalispell that would improve
safety related to panhandling in our community.
If has been my observation over the past few years that there has been a significant increase in the number of
people standing in or adjacent to streets in our community requesting money from passersby. Some of those
individuals have endangered themselves and have interrupted the safe flow of traffic by aggressively soliciting
drivers at or near intersections near our facility.
It is my opinion that this ordinance will improve safety by providing a buffer from intersections and better
clarifying where those activities can occur. We appreciate the City's consideration of this ordinance and its
ability to improve safety outcomes related to this activity.
Thanks as always for the great service you provide.
Regards,
Frank Garner
Chief of Security
Kalispell Regional Healthcare
310 Sunnyview Lane
Kalispell, MT 59901