2. Ordinance 1729 - Panhandling - 2nd ReadingCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Doug Russell, City Manager
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball @kalispell.com
SUBJECT: Ordinance No. 1729 — Regulation of Panhandling
MEETING DATE: July 15, 2013 — Regular Council Meeting — Second Reading
BACKGROUND: On first reading of Ordinance No. 1729 the City Council determined
that the existing city code does not adequately regulate panhandling behaviors that
compromise public safety. It was also determined that the city codes that address
vagrancy and loitering are outdated and unenforceable and should therefore be repealed.
The Council therefore passed the ordinance on first reading that addressed these two
issues.
RECOMMENDATION: It is recommended that Council pass Ordinance No. 1729 on
second reading to correct outdated municipal codes currently on the books that fail to
meet constitutional standards and to address the public safety concerns caused by
certain panhandling activities.
FISCAL EFFECTS: None
Respectfully submitted,
C�g
Charles Harball, City Attorney
AMENDMENTS MADE AT 7/1/2013 MEETING ARE HIGHLIGHTED IN YELLOW
ORDINANCE NO.1729
AN ORDINANCE AMENDING THE CITY OF KALISPELL MUNICIPAL CODE
REGARDING CERTAIN RESTRICTIONS ON THE ACT OF PANHANDLING TO BE
CODIFIED AT CHAPTER 19, DECLARING AN EFFECTIVE DATE, AND
AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME.
WHEREAS, the Kalispell Municipal Ordinances do not currently regulate the act of
panhandling in the City of Kalispell; and
WHEREAS, the Kalispell City Council recognizes the rights of individuals to exercise their
free speech and to reasonably solicit financial assistance from others; and
WHEREAS, the Kalispell City Council finds that certain acts by individuals soliciting financial
assistance from others may infringe on the rights of others not to be unreasonably
confronted or may create hazardous conditions that compromise the safety of the
public; and
WHEREAS, it is therefore in the best interests of the public health and safety of the City and
its residents to amend the Municipal Code to regulate the act of panhandling in
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Municipal Code codified at Chapter 19 of the
Code is hereby amended as set forth in Exhibit "A", attached
hereto and incorporated fully herein by this reference.
SECTION II. The City Attorney is hereby authorized and directed to recodify
this Ordinance.
SECTION III. This Ordinance shall take effect thirty (30) days after its final
passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS DAY OF , 2013.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
Exhibit "A"
..
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19-19 Certain Acts of Panhandling Prohibited
(A) Definitions: Panhandling
"Panhandling." for the purpose of this chanter. is anv solicitation made in person reauestina an
immediate donation of money or other thing of value. Purchase of an item for an amount far
exceeding its value, under circumstances where a reasonable person would understand that the
purchase is in substance a donation, is a donation for the purpose of this chapter. So lop as s the
solicitor is not within twenty €it feet of an intersection , panhandling
does not include passively standing or sitting with a sign or other indication that one is seeking
donations. without addressing anv solicitation to anv specific person other than in response to an
inquiry by that person.
(B) Time of Panhandling. Any person who panhandles after sunset or before sunrise is uilt
misdemeanor.
T) dace of Panhandling. Any person who panhandles when the person solicited is in any of the
following places is guilty of a misdemeanor:
1) Within twenty €ift feet of any bus stogy
2) In any public transportation vehicle;
3) in any vehiele on the street er-
4) Within twenty fife feet of any street intersection or highway intersection;
5) Within fifty soot : any a:.,o,.tien of ., „+,,,,- ate toiler...,
6) On private property, unless the solicitor has, in his or her possession, permission from the
owner or occupant.
(D) Manner of Panhandling. Any person who panhandles in any of the following manners is
guilty of a misdemeanor:
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.
(F) 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.
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NOTINCLUDED
CLEAN COPY FOR SECOND READING JULY 15, 2013
ORDINANCE NO.1729
AN ORDINANCE AMENDING THE CITY OF KALISPELL MUNICIPAL CODE
REGARDING CERTAIN RESTRICTIONS ON THE ACT OF PANHANDLING TO BE
CODIFIED AT CHAPTER 19, DECLARING AN EFFECTIVE DATE, AND
AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME.
WHEREAS, the Kalispell Municipal Ordinances do not currently regulate the act of
panhandling in the City of Kalispell; and
WHEREAS, the Kalispell City Council recognizes the rights of individuals to exercise their
free speech and to reasonably solicit financial assistance from others; and
WHEREAS, the Kalispell City Council finds that certain acts by individuals soliciting financial
assistance from others may infringe on the rights of others not to be unreasonably
confronted or may create hazardous conditions that compromise the safety of the
public; and
WHEREAS, it is therefore in the best interests of the public health and safety of the City and
its residents to amend the Municipal Code to regulate the act of panhandling in
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Municipal Code codified at Chapter 19 of the
Code is hereby amended as set forth in Exhibit "A", attached
hereto and incorporated fully herein by this reference.
SECTION II. The City Attorney is hereby authorized and directed to recodify
this Ordinance.
SECTION III. This Ordinance shall take effect thirty (30) days after its final
passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS DAY OF 2013.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
Exhibit "A"
19-19 Loitering -REPEALED
19-19 Certain Acts of Panhandliniz Prohibited
(A) Definitions: Panhandling
"Panhandling," for the purpose of this chapter, is any solicitation made in person requesting an
immediate donation of money or other thing of value. Purchase of an item for an amount far
exceeding its value, under circumstances where a reasonable person would understand that the
purchase is in substance a donation, is a donation for the purpose of this chapter. So long as the
solicitor is not within twenty feet of an intersection, panhandling does not include passively
standing or sitting with a sign or other indication that one is seeking donations, without
addressing any solicitation to any specific person other than in response to an inquiry by that
person.
(B) Time of Panhandling. Any person who panhandles after sunset or before sunrise is guilty of a
misdemeanor.
(C) Place of Panhandling. Any person who panhandles when the person solicited is in any of the
following places is guilty of a misdemeanor:
1) Within twenty feet of any bus stop;
2) In any public transportation vehicle;
3) Within twenty feet of any street intersection or highway intersection;
4) On private property, unless the solicitor has, in his or her possession, permission from the
owner or occupant.
(D) Manner of Panhandling. Any person who panhandles in any of the following manners is
guilty of a misdemeanor:
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) 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.
19-33 Vagrancy - REPEALED