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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