Ordinance 1729 - Panhandling Restrictionsr
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, AN1
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 indduals to exercise their
free speech and to reasonably solicit financial assistance from others; and
WHEREAS, the Kalispell City Council finds that certain acts by indduals 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.
INOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Municipal Code codified at Chapter 19 of th I
Code is hereby amended as set forth in Exhibit "A", attachei,
hereto and incorporated fully herein by this reference. i
SECTION 11. The City Attorney is hereby authorized and directed to recodif-11A
this Ordinance.
SECTION 111. This Ordinance shall take effect thirty (30) days after its finafl
passage. I
Theresa White
City Clerk
I
WAlk a VALGZ:,! aM ROIRIN
1 q qI lI
1 1111111111111won, MI-1 T101,
"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
(ollowing 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.